Federal Court of Australia
Chapcon Building Services Pty Ltd v Spectrum Homes Qld Pty Ltd (No 2) [2026] FCA 888
[2026] FCA 888 · Decided 1 July 2026
PRACTICE AND PROCEDURE – proceedings commenced in 2023 – doubt expressed in prior judgment about ownership of copyright – statement of claim amended on 20 April 2023, 6 November 2023, 29 April 2025 and 14 May 2026 but no amendment to allegations relating to ownership of copyright – late joinder of second applicant caused trial dates to be vacated – ongoing delays by applicants – costs orders made
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Federal Court of Australia
Exclusive Building Tas Pty Ltd v Gunson (Application for leave to appeal) [2026] FCA 843
[2026] FCA 843 · Decided 1 July 2026
PRACTICE AND PROCEDURE – application for leave to appeal from interlocutory judgment granting leave to add new cause of action – alleged that primary judge erred in applying Queensland v JL Holdings Pty Ltd instead of applying Aon Risk Services Australia Ltd v Australian National University – alleged that primary judge erred by failing to consider particular submissions – application dismissed
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Federal Court of Australia
Bad Wolf Purchasing Pty Ltd v Du Bray and Associates Pty Ltd (No 3) [2026] FCA 854
[2026] FCA 854 · Decided 1 July 2026
PRACTICE AND PROCEDURE – application for a non-party costs order against an individual – where the individual directed the commencement of the proceeding and funded it – where the individual had a direct financial interest in success of the proceeding – held order made – no issue of principle.
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Federal Court of Australia
Australian Securities and Investments Commission v HSBC Bank Australia Limited [2026] FCA 847
[2026] FCA 847 · Decided 30 June 2026
CORPORATIONS LAW – where financial services licensee and credit licensee contravened s 912A(1)(a) and (5A) of the Corporations Act 2001 (Cth) and s 47(1)(a) and (4) of the National Consumer Credit Protection Act 2009 (Cth) (Credit Act) by failing to have adequate prevention and detection controls to manage the risk that customers are exposed to, of falling victim to unauthorised payments via HSBC’
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Federal Court of Australia
Clarke v TNSG Biotech Co., Ltd [2026] FCA 851
[2026] FCA 851 · Decided 30 June 2026
TRADE MARKS – appeal under s 56 of the Trade Marks Act 1995 (Cth) – where respondent did not appear at the hearing – where Registrar of Trade Marks did not wish to be heard – where affidavits filed by the respondent in the proceeding but not read into evidence – appeal allowed
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Federal Court of Australia
Lindholm, in the matter of Aurelius and Co Pty Ltd (in liquidation) [2026] FCA 844
[2026] FCA 844 · Decided 30 June 2026
CORPORATIONS — resignation of liquidator — resignation of receiver — appointment of replacement liquidators — appointment of replacement receivers — ss 283HB, 473A and 499 of the Corporations Act 2001 (Cth) — leave given under s 532(2) of the Act — orders made
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Federal Court of Australia
FTT17 v Minister for Immigration and Citizenship [2026] FCA 830
[2026] FCA 830 · Decided 30 June 2026
MIGRATION — appeal dismissed — no question of principle — observations concerning an edict of the Fatwa Committee of Malaysia’s National Council of Islamic Religious Affairs
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Federal Court of Australia
Du Bray & Associates Limited v Du Bray and Associates Pty Ltd (In Liquidation) [2026] FCA 849
[2026] FCA 849 · Decided 30 June 2026
PRACTICE AND PROCEDURE – application by a director and shareholder to dispense with r 4.01(2) of the Federal Court Rules 2011 (Cth) for leave to represent a corporation – lack of objectivity – application refused – no issue of principle.
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Federal Court of Australia
Ahsan v Minister for Immigration and Citizenship [2026] FCA 850
[2026] FCA 850 · Decided 30 June 2026
MIGRATION – Application for an extension of time and for leave to appeal orders made by the Federal Circuit and Family Court of Australia (Division 2) – failure to explain delay and application otherwise devoid of merit – application dismissed with costs – no issue of principle
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Federal Court of Australia
Frisken (Trustee) v E K Recruitment Pty Limited (in liq), in the matter of E K Recruitment Pty Ltd (in liq) (Costs) [2026] FCA 852
[2026] FCA 852 · Decided 30 June 2026
COSTS – quantum of lump sum determined – where costs ordered against trustee – whether trustee entitled to be indemnified or reimbursed out of the trust fund – where trustee’s conduct of the proceedings was inefficient, and increased costs unnecessarily and unreasonably – trustee not entitled to be indemnified or reimbursed out of the trust fund COSTS – appropriate order as to costs of third parti
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Federal Court of Australia
David on behalf of the Torres Strait Regional Seas Claim v Queensland (No 2) [2026] FCA 842
[2026] FCA 842 · Decided 30 June 2026
NATIVE TITLE – case management and hearings – where four proceedings all involve claims to sea country with one or more shared or adjacent overlapping boundaries – where two other proceedings are also sea claims with adjacent boundaries to some of those four sea country claims – consideration of most efficient way to hear and determine all related proceedings – four proceedings to be heard togethe
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Federal Court of Australia
Galinovic v Singtel Optus Pty Limited (No 3) [2026] FCA 845
[2026] FCA 845 · Decided 30 June 2026
COSTS – application for lump sum determination under s 43 of the Federal Court of Australia Act 1976 (Cth) and r 40.02(b) of the Federal Court Rules 2011 (Cth) – where respondents successful in previous application to vary costs orders – where applicant successful in previous application for oral hearing – whether to exercise discretion to make orders for lump sum costs – whether respondents’ clai
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Federal Court of Australia
Birenbaum v H & A Nominees Pty Ltd trading as Cairo Takeaway (breach of settlement deed) [2026] FCA 839
[2026] FCA 839 · Decided 30 June 2026
CONTRACTS – defamation – application seeking declarations of breach of settlement deed – where defamation proceeding settled on confidential terms – where a joint statement was published as part of settlement – where clause in settlement deed prohibited making of statements inconsistent with the joint statement – where applicant and his legal representative published separate statements in additio
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Federal Court of Australia
Gray (liquidator) v Marshall Investments GCP Pty Ltd, in the matter of Mawson Infrastructure Group Inc (in liq) [2026] FCA 848
[2026] FCA 848 · Decided 30 June 2026
CORPORATIONS – application pursuant to section 482 Corporations Act 2001 (Cth) to terminate winding up of foreign entity registered in Australia pursuant to Part 5.7 of the Corporations Act 2001 (Cth) – where winding up order made after creditors filed an Involuntary Petition to place company into bankruptcy in the United States under Chapter 11 of Title 11 of the US Code – where Involuntary Petit
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Federal Court of Australia
Lu, in the matter of Lu [2026] FCA 841
[2026] FCA 841 · Decided 30 June 2026
CORPORATIONS – application by undischarged bankrupt for leave to manage particular corporation under s 206G(1)(c) of Corporations Act 2001 (Cth) – application for order under s 126J(1)(b) of Superannuation Industry (Supervision) Act 1993 (Cth) (SIS Act) that plaintiff not be a “disqualified person” – activity of corporation limited to acting as trustee of self managed superannuation fund of which
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Federal Court of Australia
Da Silva v Minister for Immigration and Citizenship (Notice to Produce) [2026] FCA 838
[2026] FCA 838 · Decided 29 June 2026
PRACTICE AND PROCEDURE – notices to produce – where the respondent applied to set aside a paragraph of a notice to produce served by the applicant – where the respondent contended the paragraph had no legitimate forensic purpose – where the documents called for by the paragraph would be relevant to issues in the proceeding – held: application to set aside the paragraph refused, although amending i
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Federal Court of Australia
LFDB v SM (No 8) [2026] FCA 846
[2026] FCA 846 · Decided 29 June 2026
COSTS – quantum of lump sum costs – where revised sum claimed is justified and proportionate to the nature of the interlocutory application – whether lump sum should not be payable until the proceedings are finally determined – where proceedings as against proposed third respondent are finalised – lump sum ordered to be paid immediately
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Federal Court of Australia
DJB24 v Minister for Immigration and Citizenship [2026] FCA 836
[2026] FCA 836 · Decided 29 June 2026
MIGRATION – appeal from a judgment of the Federal Circuit and Family Court of Australia (Division 2) upholding decision of Tribunal refusing protection visa application – where appeal obviously without merit – where the appellant has failed to communicate with the Court – where the respondent gave notice to the appellant by email that it would seek an order for dismissal under r 36.74(1)(c) of the
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Federal Court of Australia
Scott (Administrator), in the matter of Brookhollow Investments Pty Ltd (Administrators Appointed) [2026] FCA 822
[2026] FCA 822 · Decided 29 June 2026
CORPORATIONS – application to duty judge for direction under s 90-15 of the Insolvency Practice Schedule (Corporations) that liquidators are justified in admitting a proof of debt – where liquidator in a position of conflict – where basis of urgency involves the loss of a potential tax benefit – application not urgent – matter referred for allocation to docket judge
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Federal Court of Australia
Scott (Administrator), in the matter of Brookhollow Investments Pty Ltd (Administrators Appointed) (No 2) [2026] FCA 833
[2026] FCA 833 · Decided 29 June 2026
CORPORATIONS – application by liquidators under s 90-15 of the Insolvency Practice Schedule (Corporations) for a direction that they are justified in admitting a proof of debt – where one liquidator in a position of conflict – reasonable basis for the liquidators’ proposal – notice to Australian Securities and Investments Commission with liberty to apply – application granted COSTS – liquidators t
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Federal Court of Australia
Goyal, in the matter of Ultra Commerce Holdings (Administrators Appointed) [2026] FCA 821
[2026] FCA 821 · Decided 29 June 2026
CORPORATIONS – application by administrators under ss 65-45 and 90-15 of the Insolvency Practice Schedule (Corporations) for relief nunc pro tunc from compliance with the requirement to maintain separate administration bank accounts for each company under administration – where consolidated financial and reporting group – where intermingled accounts – efficiency and cost reduction in the administr
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Federal Court of Australia
Ogbonna, in the matter of Ogbonna [2026] FCA 835
[2026] FCA 835 · Decided 28 June 2026
PRACTICE AND PROCEDURE – application for leave to institute proceedings subject to a vexatious proceedings order pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth) – where affidavits do not comply with s 37AR(3) – where proposed proceedings are vexatious – application dismissed
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Federal Court of Australia
Larmar v Commissioner of Taxation [2026] FCA 826
[2026] FCA 826 · Decided 28 June 2026
TAXATION — Taxation Appeal — Where the individual Applicant ran property syndicates — Where the Commissioner of Taxation (Commissioner) determined additional income from those property syndicates was assessable as ordinary income or personal services income to the individual — Where the additional income included management fees, brokerage fees, success fees, and project management consultancy fee
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Federal Court of Australia
Haywood v Comcare [2026] FCA 773
[2026] FCA 773 · Decided 26 June 2026
PRACTICE AND PROCEDURE – application for an extension of time to appeal a decision of the Administrative Appeals Tribunal – Tribunal dismissed applicant’s claims under the Safety, Rehabilitation and Compensation Act 1988 (Cth) – exceptional delay – inadequate explanation of delay – insufficient prospects on appeal – inference of prejudice – public interest in finality of litigation – application d
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Federal Court of Australia
Chang v Loebenstein (Trustee), in the matter of the bankrupt estate of Chang [2026] FCA 814
[2026] FCA 814 · Decided 26 June 2026
BANKRUPTCY AND INSOLVENCY – application for annulment by the Court – whether sequestration order ought not to have been made – no evidence of solvency – no other basis for annulment identified – application dismissed
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Federal Court of Australia
Singh v Minister for Immigration and Citizenship [2026] FCA 828
[2026] FCA 828 · Decided 26 June 2026
MIGRATION — appeal dismissed — no question of principle
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Federal Court of Australia
Hassen v State of New South Wales [2026] FCA 812
[2026] FCA 812 · Decided 26 June 2026
PRACTICE AND PROCEDURE – application for leave to file further amended originating application and further amended statement of claim – whether viable claims of direct discrimination pursuant to section 9(1) of the Racial Discrimination Act 1975 (Cth) pleaded or capable of being pleaded – where some claims found to be adequately pleaded, and others not – whether there would be non-compliance with
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Federal Court of Australia
CEV18 v Minister for Immigration and Citizenship [2026] FCA 829
[2026] FCA 829 · Decided 26 June 2026
MIGRATION — appeal dismissed — no question of principle
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Federal Court of Australia
Lock the Gate Alliance Ltd v Tamboran B2 Pty Ltd [2026] FCA 819
[2026] FCA 819 · Decided 26 June 2026
ENVIRONMENT LAW – project being carried out for the extraction of unconventional gas by hydraulic fracturing in the Northern Territory – application for injunction under s 475 Environment Protection and Biodiversity Conservation Act 1999 (Cth) on the ground that approval is required under Pt 9 – scope of the “action” the impacts of which must be assessed – whether relevant action likely to have a
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Federal Court of Australia
Australian Securities and Investments Commission v Wiluna Mining Corporation Ltd [2026] FCA 824
[2026] FCA 824 · Decided 26 June 2026
PRACTICE AND PROCEDURE - whether the plaintiff's case against the first defendant should be heard before the plaintiff's case against the second and third defendant – where terms of declaratory orders sought against the defendants differ – where plaintiff and first defendant jointly propose the making of declaratory orders as to contraventions based upon agreed facts and admissions – where second
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