SUPERANNUATION – death benefit – appeal from decision of trustee of superannuation fund to distribute whole of death benefit to wife of deceased member – where marriage had broken down – deceased member had made non-binding death benefit nomination naming four children and two step-children as beneficiaries – complaint brought by daughters to Australian Financial Complaints Authority – AFCA not satisfied that trustee's decision was fair and reasonable in the circumstances – AFCA upheld complaint and determined that benefit be distributed between wife and six children – appeal by wife from decision of AFCA – meaning of 'dependant' – matters to be taken into account when considering whether potential beneficiary has reasonable expectation of financial support – nature of AFCA's statutory task – whether appellant accorded procedural fairness by AFCA – no error of law on part of AFCA made out – appeal dismissed
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Lynn v Australian Financial Complaints Authority [2025] FCA 175
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Reynolds v Judicial Registrar Burns [2025] FCA 186
PRACTICE AND PROCEDURE – where applicant failed to appear – proceeding dismissed
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Luck v Secretary, Services Australia [2025] FCAFC 26
PRACTICE AND PROCEDURE – where appellant failed to appear at appeal hearing – whether appeal should be dismissed pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth) PRACTICE AND PROCEDURE – where appellant filed interlocutory application seeking that two judges recuse themselves from determining the appeal – whether the Full Court as constituted has jurisdiction to determine the appeal PRACTICE AND PROCEDURE – where appellant filed interlocutory application seeking stay of proceeding pending determination of recusal application – where appellant failed to appear at hearing – whether interlocutory application should be dismissed
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Elvin v Fair Work Ombudsman (No 3) [2025] FCA 195
PRACTICE AND PROCEDURE – case management orders sought in course of appeal – single Judge exercising appellate jurisdiction – interlocutory application seeking order for interrogatories – interlocutory application seeking order to set aside notice to admit – interrogatories and notice to admit original jurisdiction tools under Chapter 2 Federal Court Rules 2011 (Cth) – rules governing appellate jurisdiction found under Chapter 3 Federal Court Rules 2011 (Cth) – application for further evidence on appeal governed by s 27 Federal Court of Australia Act 1976 (Cth) and r 36.57 Federal Court Rules 2011 (Cth) – application for interrogatories dismissed – notice to admit set aside – s 37M Federal Court of Australia Act 1976 (Cth) and r 1.32 Federal Court Rules 2011 (Cth)
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Madden v Australian Financial Complaints Authority Limited [2025] FCA 196
ADMINISTRATIVE LAW – appeal from determination of the Australian Financial Complaints Authority (AFCA) made under s 1055 Corporations Act 2001 (Cth) – where superannuation member did not receive opt-in letter to elect to maintain death benefit insurance cover required under s 68AAA Superannuation Industry (Supervision) Act 1993 (Cth) – where opt-in letter sent to address incorrectly updated by trustee – where death benefit insurance cover cancelled as completed opt-in letter not received by trustee – whether “best interests” duty of trustee under s 52(2)(c) and s 52(7)(d) Superannuation Industry (Supervision) Act 1993 (Cth) relevant to consideration of fair and reasonable – whether assessment of loss appropriate – whether AFCA erred in finding decision of trustee fair and reasonable – AFCA not required to determine legal rights and obligations of parties – application dismissed
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FCF17 v Minister for Immigration and Multicultural Affairs [2025] FCA 197
MIGRATION – Appeal from decision of Federal Circuit and Family Court of Australia (Division 2) dismissing application for judicial review of Immigration Assessment Authority – where Immigration Assessment Authority affirmed decision to refuse grant of visa – whether claim for protection under s 36(2)(b) or (c) of the Migration Act 1958 (Cth) squarely raised or clearly arose before Immigration Assessment Authority – claims for protection on the basis of fear of harm to appellant’s daughters not squarely raised before Authority – appeal dismissed.
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Younas v Commonwealth of Australia [2025] FCAFC 27
MIGRATION – appeal – citizenship – s 10B(1) of the Australian Citizenship Act 1948 (Cth) – appeal by way of rehearing – where the appellant sought a declaration that he is an Australian citizen – whether the primary judge erred in evaluating the primary facts to conclude that the appellant’s biological uncle was not the appellant’s parent at the time of the appellant’s birth – each ground of appeal dismissed
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Holt v Mitsubishi Motors Corporation [2025] FCA 191
PRIVILEGE – interlocutory application challenging claim for legal professional privilege – litigation privilege – dominant purpose test – whether documents created for the purpose of actual, reasonably apprehended or reasonably anticipated litigation – embedded copies of non-privileged documents – application dismissed
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DIT19 v Minister for Immigration and Multicultural Affairs [2025] FCA 189
MIGRATION – application for leave to extend time and to appeal from orders of the former Federal Circuit and Family Court of Australia which declined to review and quash the decision of the Immigration Assessment Authority which had affirmed the decision of the Minister’s delegate not to grant the applicant a protection visa – whether the Authority’s decision was affected by jurisdictional error because it failed to consider the merits of the applicant’s case, failed to give adequate weight to his psychological state at the time of the protection visa interview and failed to acknowledge that what appeared to be inconsistencies were in fact the result of fears and psychological issues, took into account irrelevant and subjective considerations, failed to test the accuracy of interpretation and was unreasonable because of the lack of objective assessment – application dismissed
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CRRN v Minister for Immigration and Multicultural Affairs [2025] FCA 192
MIGRATION – mandatory cancellation of visa – revocation of visa cancellation by Administrative Appeals Tribunal – Minister set aside Tribunal’s decision and re-cancelled visa – applicant owed protection obligations and cannot be returned to Afghanistan – applicant cannot be detained in immigration detention and will reside in the community – where applicant has both history of mental illness and substantial criminal record – risk of recidivism dependent on whether applicant has access to mental health treatment – effective mental health treatment dependent on access to the National Disability Insurance Scheme – applicant only eligible for National Disability Insurance Scheme with a permanent visa – where Minister considered protection of Australian community and risk of recidivism as relevant aspects of the national interest – whether Minister needed to consider the reasons of the Tribunal before exercising his discretion – whether Minister failed to make necessary findings or consider the legal consequences of his decision in relation to applicant’s risk of recidivism – whether Minister’s decision legally unreasonable – decision set aside
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Appello Pty Ltd v Heyward [2025] FCA 190
EVIDENCE and DAMAGES –appeal from the Federal Circuit and Family Court of Australia (Division 2) – whether the inference that a witness is adverse to a case if they are not called can be made per the rule in Jones v Dunkel – whether case was a no-transaction case – measurement of damages in a no-transaction case under s 236 of Schedule 2 of the Competition and Consumer Act 2010 – appeal dismissed
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Thakur v Minister for Immigration and Multicultural Affairs [2025] FCA 201
MIGRATION - appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) - judicial review of a decision of the Administrative Appeals Tribunal to refuse employer nomination visa - compassionate and compelling circumstances which justified waiver of public interest criteria in clause 4020(1) of the Migration Regulations 1994 (Cth) - alleged jurisdictional error in failing to consider whether to grant the visa where public interest criteria waived - alleged failure to consider first appellant's financial inability to support his family in India - no error in primary judge's reasoning - appeal dismissed
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Impiombato v BHP Group Limited (No 2) [2025] FCAFC 28
COSTS – where appellant sought costs order in its favour and respondents sought apportionment of costs on an issue by issue basis – court’s discretion to award costs – relevant principles – order made for respondents to pay 50% of the appellant’s costs
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Element Zero Pty Ltd v Fortescue Ltd [2025] FCA 206
HIGH COURT AND FEDERAL COURT – stare decisis – precedential role of judgments of single Justices of the High Court in its original jurisdiction – precedential role of judgments of intermediate appellate courts in other Australian jurisdictions PRACTICE AND PROCEDURE – leave to appeal – ex parte search orders – where the application for discharge of the orders was dismissed even though material non-disclosure was established – where leave to appeal is sought from that dismissal – whether there is sufficient doubt as to the nature of the discretion to refuse to set aside search orders obtained ex parte where there was a material non-disclosure – whether the discretion was properly exercised – whether there would be substantial injustice if leave was not granted – leave to appeal refused
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VII v Purcell [2025] FCA 202
ADMINISTRATIVE LAW – validity of determination made under Australian Crime Commission Act 2002 (Cth) – where determination made by Board authorising intelligence operation relating to federally relevant crime – whether determination required to state date and time when it was made – whether determination failed to identify scope and limits of special ACC operation or federally relevant crime to which it relates – whether Board could reasonably have been satisfied that it was in the public interest to authorise the intelligence operation to occur – whether determination invalidly purported to authorise investigations relating to a federally relevant crime – whether s 7C(2) of the Act validly authorised the Board to make the determination – whether Board acted on incorrect understanding of the law – Held: the determination is valid. ADMINISTRATIVE LAW – validity of summons to appear at examination under the Act – whether summons complied with requirement to set out, so far as is reasonably practicable, the general nature of the matters in relation to which the person is to be questioned – whether summons required to state on its face whether it was pre-charge or post-charge summons – whether examiner could reasonably have been satisfied that issuing summons was reasonable in all the circumstances – Held: the summons is valid. CONSTITUTIONAL LAW – challenge to validity of s 7C(2) of the Act – whether s 7C(2) lacks rule-like content necessary to constitute a law – whether s 7C(2) is inconsistent with s 75(v) of the Constitution – challenge to validity of ss 24A, 25A and 28 of the Act – whether ss 24A, 25A and 28 have sufficient connection to a head of Commonwealth legislative power – application of ss 24A, 25A and 28 in relation to federally relevant crime, including State offences that have a federal aspect – Held: ss 7C(2), 24A, 25A and 28 of the Act are valid.
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Gent v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 204
MIGRATION – application for extension of time for review of migration decision under r 31.23 of the Federal Court Rules 2011 (Cth) – extension of time granted – application for review of migration decision – where alleged the Administrative Appeals Tribunal (Tribunal) erred in noting there was no evidence that the applicant would not receive treatment in New Zealand – where alleged the Tribunal erred in finding that the applicant had not rehabilitated, given subsequent offence was less serious – application for review of migration decision dismissed
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Juratowitch (liquidator), in the matter of Field Solutions Holdings Limited (Administrators Appointed) (Receivers and Managers Appointed) [2025] FCA 207
CORPORATIONS – application for extension of convening period pursuant to ss 439A(6) and 447A(1) of the Corporations Act 2001 (Cth) – complex administration with active sale process underway – convening period extended
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Gattani v Digital Edge Technologies Pty Ltd (in administration) [2025] FCA 199
PRACTICE AND PROCEDURE – application by the plaintiff for freezing and ancillary orders concerning the assets of the second defendant and third parties – plaintiff contends that the second defendant: (1) wrongly failed to transfer to the plaintiff the issued shares in the first defendant; (2) diverted funds belonging to the first defendant to the second defendant and to the third parties – s 1323 of the Corporations Act 2001 (Cth) not available as no action under the Act – risk of frustration of the Court’s processes ameliorated by the appointment of an administrator to the first defendant – application dismissed PRACTICE AND PROCEDURE – application by the plaintiff for an order under s 1324(2) of the Act requiring the second defendant to provide the plaintiff with access to the books of the first defendant – discretion not enlivened as the second defendant is not required by the Act to provide such access – in any event inappropriate to order the second defendant to provide such access when she is obliged to deliver all such books in her possession to the administrator – application dismissed
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GFE24 v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 193
MIGRATION – where the applicant’s visa was cancelled by the respondent Minister under s 501BA of the Migration Act 1958 (Cth) (the Migration Act) – where mandatory cancellation of the applicant’s visa was revoked by a decision of the Administrative Appeals Tribunal (the Tribunal) – where Tribunal first published its decision and published its reasons later – where Minister made the decision prior to the Tribunal’s reasons being published – whether Minister was required to consider Tribunal’s reasons before making the decision or unreasonably failed to consider the reasons – whether any reasonable apprehension of bias arose – application dismissed
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Mining and Energy Union v OS ACPM Pty Ltd [2025] FCA 200
INDUSTRIAL LAW– where the applicant applies for declarations regarding the Black Coal Mining Industry Award 2020 and the Black Coal Mining Industry Award 2010 – whether to admit hearsay evidence that is not objected to – whether the term “on a date agreed” was an operative term – whether to consider industrial context and history when interpreting awards – whether “on a date agreed” was vestigial – whether to give effect to vestigial terms – whether the Black Coal Mining Industry Award 2020 contains a provision for maximum length of shifts – whether textual analysis and industrial context and history can displace definitional interpretation – declarations made
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