Federal Court of Australia
Emmott v Wilson, in the matter of Wilson [2026] FCA 810
[2026] FCA 810 · Decided 25 June 2026
PRACTICE AND PROCEDURE – application for review of registrar’s order for substituted service of bankruptcy notice – hearing de novo of application for substituted service pursuant to r 10.24 and/or r 10.49 of the Federal Court Rules 2011 (Cth) (Rules) or alternatively deemed service under r 10.23 and/or r 10.48 of the Rules – where bankruptcy notice emailed to the respondent – where insufficient e
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Federal Court of Australia
Wachipa v Minister for Immigration and Citizenship [2026] FCA 806
[2026] FCA 806 · Decided 25 June 2026
MIGRATION – judicial review – decision of Minister to set aside Administrative Appeals Tribunal decision revoking cancellation of the applicant’s visa – Minister’s decision made 13 months after the Tribunal decision – proper construction of s 501BA of the Migration Act 1958 (Cth) – no requirement under s 501BA to exercise the power within a reasonable time MIGRATION – whether Minister’s exercise o
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Federal Court of Australia
Baskerville, in the matter of HX Food Group (Aus) Pty Ltd (in liq) [2026] FCA 817
[2026] FCA 817 · Decided 25 June 2026
PRACTICE AND PROCEDURE – Application for urgent interim injunction restraining company from transferring funds out of bank accounts – where company holds money on behalf of related company in liquidation – where there is a risk that the company may dissipate assets by transferring funds to China – where no substantive proceedings on foot – whether prima facie case established – whether balance of
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Federal Court of Australia
Environment Centre (NT) Inc v Minister for the Environment and Water [2026] FCA 811
[2026] FCA 811 · Decided 25 June 2026
PRACTICE AND PROCEDURE – application for order under s 15 of the Administrative Decisions (Judicial Review) Act 1976 (Cth) suspending the operation of an administrative decision – application for interlocutory injunction – where delegate of the Minister decided that proposed action was not a “controlled action” for the purposes of the Environment Protection and Biodiversity Conservation Act 1999 (
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Federal Court of Australia
YRPQ v Minister for Immigration and Citizenship [2026] FCA 804
[2026] FCA 804 · Decided 25 June 2026
PRACTICE AND PROCEDURE – Dismissal for want of prosecution – where applicant filed application but took no further step in proceedings – where arrangements made for pro bono representation but applicant failed to give instructions – whether dismissal appropriate in the circumstances
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Federal Court of Australia
Orr (Liquidator) v Redflow Limited (in liq), in the matter of Redflow Limited (in liq) [2026] FCA 815
[2026] FCA 815 · Decided 25 June 2026
CORPORATIONS – Application by liquidators for pooling orders under Corporations Act 2001 (Cth) s 579E – where members of corporate group collectively operated a single business using intermingled assets and liabilities – where no records of intercompany indebtedness kept – where individual liquidations would require substantial expenditure – whether just and equitable to grant relief – orders made
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Federal Court of Australia
EV20 Consulting Group Pty Ltd v Paperless Warehousing Pty Ltd (No 4) [2026] FCA 805
[2026] FCA 805 · Decided 25 June 2026
PRACTICE AND PROCEDURE – rule 39.05(a) of the Federal Court Rules 2011 (Cth) – application to set aside default judgment – where applicant failed to file a Notice of address for service after his solicitors ceased acting for him – where applicant has no satisfactory explanation for failure to do so – where applicant aware of proceedings and failure apparently deliberate – where it is accepted that
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Federal Court of Australia
Barden (Trustee), in the matter of Ross (Bankrupt) v Macedo (No 4) [2026] FCA 818
[2026] FCA 818 · Decided 25 June 2026
BANKRUPTCY AND INSOLVENCY – application for interim injunction restraining transfer or encumbrance of property – where ex parte freezing orders were made against the third respondent – whether there were material non-disclosures on part of the applicant – whether freezing orders should be extended – freezing orders varied
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Federal Court of Australia
Field (Trustee) v Spencer (No 2) [2026] FCA 801
[2026] FCA 801 · Decided 24 June 2026
BANKRUPTCY – application by trustee for approval of remuneration – where trustee's remuneration fixed by creditors – where sale of bankrupt's home occurred six years after sequestration order – where trustee made inquiries into bankrupt's income but did not perform income contribution assessment until four years after sequestration order - consideration of the Court's supervisory jurisdiction over
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Federal Court of Australia
Cayzer v Phoslock Environmental Technologies Ltd (Privilege Dispute) [2026] FCA 800
[2026] FCA 800 · Decided 24 June 2026
PRIVILEGE – legal professional privilege – third party reports – investigations into whistleblower allegations –common law principles – whether reports and related documents were created, commissioned or obtained for the dominant purpose of providing legal advice
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Federal Court of Australia
Construction, Forestry and Maritime Employees Union v GC Crane Hire Pty Ltd as Trustee for GA Caelli Discretionary Trust [2026] FCA 793
[2026] FCA 793 · Decided 24 June 2026
INDUSTRIAL LAW – application for statutory compensation pursuant to provisions of the Fair Work Act 2009 (Cth) (“FW Act”) – respondent alleged to have contravened an applicable enterprise agreement (and thereby s 50 of the FW Act) in failing to afford entitlements to two of its employees both during and upon termination of employment – where certain contraventions admitted, and some of them remedi
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Federal Court of Australia
Roufeil, in the matter of Roufeil [2026] FCA 816
[2026] FCA 816 · Decided 24 June 2026
CORPORATIONS – application under s 473A of the Corporations Act 2001 (Cth) to fill a vacancy in the office of liquidator appointed by the Court – current liquidator retiring – replacement with liquidators of the same firm – application approved BANKRUPTCY AND INSOLVENCY – application under s 180 of the Bankruptcy Act 1966 (Cth) to accept the resignation of a registered trustee – application under
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Federal Court of Australia
Karas v LK Law Pty LTD (Stay of judgment) [2026] FCA 807
[2026] FCA 807 · Decided 24 June 2026
PRACTICE AND PROCEDURE – application for stay of judgment pending appeal – where primary judge had granted a stay with conditions – where appellant unable to meet judgment sum – whether grounds of appeal are arguable – whether undertaking by appellant sufficient to secure judgment debt – whether balance of convenience favours granting of a stay
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Federal Court of Australia
Garlick v KALX Capital Securities Pty Ltd [2026] FCA 808
[2026] FCA 808 · Decided 24 June 2026
BANKRUPTCY AND INSOLVENCY – application to set aside bankruptcy notice dismissed by judicial registrar – whether claim to money paid into Court constitutes a cross-demand within section 40(1)(g) Bankruptcy Act 1966 (Cth) – application dismissed with costs
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Federal Court of Australia
Rowles v Repatriation Commission (Department of Veterans’ Affairs) (No 2) [2026] FCA 797
[2026] FCA 797 · Decided 24 June 2026
PRACTICE AND PROCEDURE – application for determination of substantive proceeding on the papers without an oral hearing – whether requirements of s 20A of the Federal Court of Australia Act 1976 (Cth) are met – where applicant is self-represented and claims to be affected by hearing loss and tinnitus – where applicant submits material facts are uncontested and that issues arising from existing docu
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Federal Court of Australia
Mehau v Minister for Immigration and Citizenship [2026] FCA 803
[2026] FCA 803 · Decided 23 June 2026
MIGRATION – urgent application for interim order restraining the respondent from removing the applicant from Australia – where the applicant alleged he was not aware of imminent deportation – where the applicant’s visa was cancelled under s 501(3A) of the Migration Act 1958 (Cth) – where the delegate of the Minister did not revoke cancellation – where requirements in relation to service of the del
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Federal Court of Australia
Wei v Robba (Trustee), in the matter of Zhu (Bankrupt) [2026] FCA 802
[2026] FCA 802 · Decided 23 June 2026
PRACTICE AND PROCEDURE – application for freezing orders – where applicant’s case difficult to discern from material – whether applicant had established risk of dissipation – whether balance of convenience favoured the making of freezing orders – application for freezing orders dismissed
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Federal Court of Australia
Republic of Peru (Peruvian State) v Registrar of Trade Marks [2026] FCA 791
[2026] FCA 791 · Decided 23 June 2026
TRADE MARKS – section 177 of the Trade Marks Act 1995 (Cth) – application for word PISCO to be registered as a certification mark – appeal from a decision of a delegate of the Registrar of the Australian Trade Mark Office – whether certification trade mark sought is inherently adapted to distinguish – whether certification trade mark sought is capable of distinguishing by reason of use or other ci
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Federal Court of Australia
Big Chief Hire Pty Ltd v Dallwitz, in the matter of Dallwitz [2026] FCA 789
[2026] FCA 789 · Decided 23 June 2026
BANKRUPTCY — application for review of decision of a Registrar pursuant to s 35A of the Federal Court of Australia Act 1976 (Cth) and r 2.02 of the Federal Court (Bankruptcy) Rules 2016 (Cth) to dismiss a petition of creditors — where debtor failed to comply with bankruptcy notice — where other matters required under s 52 of the Bankruptcy Act 1966 (Cth) are satisfied — sequestration order made
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Federal Court of Australia
Australian Agricultural Opportunities Limited v Agripower Australia Limited (subject to deed of company arrangement) [2026] FCA 777
[2026] FCA 777 · Decided 23 June 2026
CORPORATIONS – corporate group involved in mining in Queensland – application to terminate deed of company arrangement pursuant to section 445D Corporations Act 2001 (Cth) – omission in report to creditors – continuance of deed of company arrangement avoids investigations into conduct of directors – company likely to continue to be insolvent – application to appoint liquidators based in Queensland
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Federal Court of Australia
Saxena v National Australia Bank Limited [2026] FCA 796
[2026] FCA 796 · Decided 23 June 2026
CONSUMER LAW – consumer credit facilities held with bank respondent – overdue payments reported to credit reporting agencies – whether adverse credit reports correctly made – whether the conduct of the bank respondent unconscionable within the meaning of s 12CB of the Australian Securities and Investments Commission Act 2001 (Cth) – proceeding dismissed
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Federal Court of Australia
Auerbach v Seven Network (Operations) Ltd [2026] FCA 799
[2026] FCA 799 · Decided 23 June 2026
PRACTICE AND PROCEDURE — where the applicant seeks orders striking out the respondent’s defence and final remedies – where the applicant alleges an abuse of process – where the applicant has asserted facts that have no apparent relevance or evidentiary support – interlocutory relief refused CONTEMPT OF COURT — where the applicant alleges that a non-party has committed a contempt of court by publis
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Federal Court of Australia
FDB20 v Minister for Immigration and Citizenship [2026] FCA 786
[2026] FCA 786 · Decided 23 June 2026
MIGRATION – application for judicial review of a decision of the Administrative Review Tribunal – where applicant’s visa was subject to mandatory cancellation pursuant to s 501(3A) of the Migration Act 1958 (Cth) – where delegate of the Minister did not revoke mandatory cancellation – where Tribunal affirmed decision of the delegate – application for Direction 110 – Tribunal found that mental heal
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Federal Court of Australia
Salon Services PRO INC v Kevin Murphy USA Business Services Pty Ltd [2026] FCA 794
[2026] FCA 794 · Decided 22 June 2026
PRACTICE AND PROCEDURE - application for transfer of proceedings to the Victorian District Registry – presence of exclusive jurisdiction and governing law clauses in applicable contracts – no question of principle – balancing of discretionary factors - proceedings transferred
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Federal Court of Australia
Inger v State of Queensland [2026] FCA 792
[2026] FCA 792 · Decided 22 June 2026
PRACTICE AND PROCEDURE – application under s 33V of the Federal Court of Australia Act 1976 (Cth) for approval to discontinue representative proceeding – discontinuance approved
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Federal Court of Australia
Credit Suisse Virtuoso SICAV-SIF v Insurance Australia Limited (Expert Report) [2026] FCA 776
[2026] FCA 776 · Decided 22 June 2026
PRACTICE AND PROCEDURE – expert evidence – where the applicants in the proceedings (Credit Suisse) briefed two experts and filed two expert reports in respect of “reasonable investor” questions – where the Court had ordered that parties in the same interest in respect of an issue may not call more than one expert witness in respect of the issue – whether Credit Suisse can rely on both expert repor
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Federal Court of Australia
Wanambi for himself and on behalf of the Marraŋu People of East Arnhem Land v Wanambi [2026] FCA 781
[2026] FCA 781 · Decided 22 June 2026
ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES – dispute concerning the validity of Northern Territory laws (being ss 14, 22 and 66 of the Administration and Probate Act 1969 (NT) and ss 9, 10, 11 and 14 of the Burial and Cremation Act 2022 (NT) which confer powers of decision making over burial and regulate the inheritance of an intestate estate), in so far as the laws apply to a deceased Aborigin
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Federal Court of Australia
Barnden (Deed Administrator), in the matter of BOD Science Limited (Subject to a Deed of Company Arrangement) [2026] FCA 795
[2026] FCA 795 · Decided 22 June 2026
CORPORATIONS – deed of company arrangement – application for leave to transfer shares and options in accordance with the DOCA – where liabilities are greater than value of assets – where shares have no economic value – where shareholders would be in the same financial position under DOCA or liquidation – where DOCA would allow business of company to continue and employees to be retained – where DO
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