NATIVE TITLE – interlocutory application brought by applicant to amend native title determination application – interlocutory application brought by the Northern Territory to strike out native title determination application pursuant to s 84C of the Native Title Act 1993 (Cth) (NTA) – whether evidence established that the claimant application had been authorised by the native title claim group as required by s 61 of the NTA – whether claimant application only authorised by a sub-group of the claim group – application to amend dismissed – claimant application struck out for want of authorisation by the native title claim group
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Nangalaku on behalf of the Dak Djerat Guwe People v Northern Territory [2025] FCA 217
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Australia Pacific Airports (Launceston) Pty Ltd v Airservices Australia [2025] FCA 288
PRACTICE AND PROCEDURE – interlocutory application for a separate hearing pursuant to r 30.01 of the Federal Court Rules 2011 (Cth) – where the proceeding was commenced in 2021 – where a determination of the separate question would leave other significant issues unresolved – where it was not possible to predict with the confidence required that the determination of the separate question would be just or convenient, or consistent with the overarching purpose stated in s 37M of the Federal Court of Australia Act 1976 (Cth) – application dismissed
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Kelly v Minister for the Environment and Water [2025] FCA 264
ADMINISTRATIVE LAW – application for judicial review challenging the Minister’s decision not to make a declaration under s 12 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) in relation to proposed reburial of 108 Aboriginal ancestral remains at Willandra Lakes including Mungo Man and Mungo Lady – whether the Minister misconstrued s 12 as requiring that injury or desecration “will” occur rather than is “likely” to occur – whether Minister denied original applicants procedural fairness or failed to take into account a relevant consideration – whether the Minister misunderstood the original applicants’ submissions on free, prior and informed consent – where applicant alleged the Willandra Aboriginal Advisory Group was unable to represent the views of the Traditional Owner Groups – whether the Minister misunderstood the original applicants’ submissions on non-physical elements of injury or desecration – whether Minister wrongly limited injury and desecration to physical harm – whether the Minister’s decision was unreasonable or denied procedural fairness – whether power under the Act to make a declaration for consultation in order to determine whether an action is likely to be inconsistent with Aboriginal tradition and is thereby at risk of injury or desecration – application dismissed
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S.N.A Group Pty Ltd v Commissioner of Taxation (No 2) [2025] FCA 281
COSTS – where the applicants seek cost orders under r 40.02 and r 25.15(3) of the Federal Court Rules 2011 (Cth) for indemnity costs where the applicant received a judgment more favourable than an offer made by the applicants – whether a reasonable rejection by the respondent of previous offer is done sufficient for exercising judicial discretion under r 1.35 to depart from r 25.14(3) – even though rejection of offer reasonable on the state of the evidence, that as insufficient to relieve the respondent Commissioner from the prima facie position under r 25.14(3) – JMC Pty Ltd v Federal Commissioner of Taxation [2023] FCAFC 95 – costs awarded on indemnity basis after expiry of offer acceptance period
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London City Equities Ltd v Excelsior Capital Ltd [2025] FCA 285
PRACTICE AND PROCEDURE – application for winding up of the defendant on just and equitable grounds or on grounds of shareholder oppression – where plaintiff seeks leave to amend pleadings expanding the scope of factual matters in dispute – where proposed amendments include the joinder of additional parties and seek a variety of relief going beyond winding up – where new relief is sought despite no new facts coming to light since the commencement of proceedings 10 months ago – whether to grant leave
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Wenwii Australia Pty Ltd (in liq) v Montague Estate Pty Ltd [2025] FCA 280
CORPORATIONS - Corporations Act 2001 (Cth) s 477(2B) - application for retrospective approval for entry into litigation funding agreement lasting more than three months - application for approval for entry into retainer agreement lasting more than three months - application for liquidators to be joined as parties - application for suppression orders to prevent prejudice to the proper administration of justice - approvals granted - orders made
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Osaka Foods Pty Ltd v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 269
MIGRATION – application for approval of nomination – self sponsor application – Tribunal sought current and updated material from applicant where material held more than 3½ years out of date – no further material provided – Tribunal dismissing application – whether Tribunal undertook review by considering existing material was outdated ADMINISTRATIVE LAW – jurisdictional error – where material before Tribunal insufficient to found successful outcome of application – Tribunal’s error not material
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Elfar v Commonwealth of Australia [2025] FCA 245
ADMINISTRATIVE LAW – application for declaratory orders – where applicant was subject to compulsory examination under the Australian Crime Commission Act 2002 (Cth) after being charged but before trial – where applicant was produced for examination pursuant to the Corrective Services Act 2006 (Qld) – where compulsory examination was unlawful but criminal courts ruled that applicant suffered no prejudice – where there is no utility in making declarations of the kind sought – application dismissed
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United Petroleum Pty Ltd v Bomma [2025] FCA 283
PRACTICE AND PROCEDURE – non-standard discovery – timing – no disposition that discovery should follow evidence – timing depends on the circumstances of the individual case – overarching purpose in s 37M of the Federal Court of Australia Act 1976 (Cth) applied.
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DZT20 v Minister for Immigration and Multicultural Affairs [2025] FCA 286
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 protection visas - alleged failure of Tribunal to consider obligations under the Convention on the Rights of the Child - alleged failure of Tribunal to adequately review refugee criterion - alleged failure of Tribunal to adequately review complementary protection claims in respect of low-level harm and discrimination - appeal dismissed
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Lim v Flinders University of South Australia (No 3) [2025] FCA 294
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Cumaiyi v Northern Territory of Australia [2025] FCA 244
PRACTICE AND PROCEDURE – application for approval of discontinuance of representative proceedings – alleged unlawful racial discrimination pursuant to s 9(1) of the Racial Discrimination Act 1975 (Cth) – where parties have agreed to resolve proceedings – discontinuance would not be unfair or unreasonable or adverse to the group members – application approved
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Briggs on behalf of the Boonwurrung People v State of Victoria (No 2) [2025] FCA 279
NATIVE TITLE –whether six named First Nations women living in the 1800s were members of the Boonwurrung People who, at effective sovereignty, held rights and interests in the Boonwurrung claim area under traditional laws and customs – whether five named persons are contemporary descendants of some of the named First Nations women living in the 1800s – evidentiary issues regarding onus and standard of proof, inferential reasoning, primacy of Aboriginal lay witness evidence, and the weight appropriate to be given to conflicting expert evidence – whether Justice Brennan’s dicta in Mabo v Queensland (No 2) [1992] HCA 23; 175 CLR 1 at 70 regarding “mutual recognition” is an element of native title law, either under common law or under the Native Title Act 1993 (Cth) – whether, as a question of fact, at sovereignty, membership of the Boonwurrung People required “mutual recognition” as described by Brennan J in Mabo v Queensland (No 2).
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Chawk v Callan [2025] FCA 290
PRACTICE AND PROCEDURE – application for extension of time to institute appeal proceedings – where the applicant had previously instituted appeal proceeding which was subsequently dismissed due to failure to provide security for costs – where the first appeal proceedings were dismissed on procedural grounds rather than on the merits – whether granting of an extension to time would circumvent the principle of finality of litigation – whether the respondent would face undue prejudice if extension is granted – where the applicant faces bankruptcy on the back of the judgment debt – whether any prejudice to applicant if extension is not granted – application dismissed
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Kelehear v Stellar Personnel Brisbane Pty Ltd [2025] FCA 295
REPRESENTATIVE PROCEEDING – settlement approval application under s 33V of the Federal Court of Australia Act 1976 (Cth) – claim by black coal mine workers engaged as casual employees in respect of annual leave entitlements – whether proposed settlement is fair and reasonable in the interests of group members and as between group members – settlement approved
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Australian Communications and Media Authority v V Marketing Australia Pty Ltd (In Liq) (No 4) [2025] FCA 287
COMMUNICATIONS LAW – determining penalties where respondents admitted contravening the Do Not Call Register Act 2006 (Cth) – whether to impose a penalty in circumstance where by earlier judgment, the Court had concluded that its directing mind and will had no knowledge of contraventions by the engaged telemarketing company and had acted reasonably - whether contraventions in courses of conduct present – whether to impose a penalty on telemarketing company in liquidation for the purposes of deterrence - whether to take into account the financial position of a party when imposing a penalty – penalty imposed on company in liquidation but not on company whose sole director was subject of earlier findings noted
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Andrews v National Disability Insurance Agency [2025] FCA 272
PRACTICE AND PROCEDURE – application by first respondent for summary judgment under s 31A of the Federal Court of Australia Act 1976 (Cth) and/or r 26.01(1) of the Federal Court Rules 2011 (Cth) (the Rules) – additional or alternative application by first respondent for statement of claim to be struck out in whole or in part on various grounds PRACTICE AND PROCEDURE – application by applicant for summary judgment on ground that first respondent failed to comply with provisions of the Rules and orders made by the Court
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Thompson v Registar Ellis [2025] FCA 296
PRACTICE AND PROCEDURE – Appeal – Recusal – Reasonable apprehension of bias – Whether a fair-minded lay observer might reasonably apprehend that judge might not bring an impartial mind to the hearing of the proceeding
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Thompson v Lane [2025] FCA 297
PRACTICE AND PROCEDURE – Application – Leave to appeal – Recusal – Reasonable apprehension of bias – Whether a fair-minded lay observer might reasonably apprehend that judge might not bring an impartial mind to the hearing of the proceeding
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CHP17 v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 284
MIGRATION – where appellant did not appear – appeal dismissed
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