Recent Cases
High Court of Australia
The King v Bechaud [2026] HCA 36 (07 October 2026) (Gageler CJ; Gordon, Gleeson, Jagot and Beech-Jones JJ)
Catchwords: Criminal practice – Jury trial – Separation of jury after retirement and before verdict given or jury discharged – Juries Act 2000 (Vic) –
MACH Energy Australia Pty Ltd v Denman Aberdeen Muswellbrook Scone Healthy Environment Group Inc [2026] HCA 35 (07 October 2026) (Gageler CJ; Gordon, Edelman, Jagot and Beech-Jones JJ)
Catchwords: Administrative law – Judicial review – Where appellant sought development consent for project to extend and expand coal mine – Where Independent Planning Commission
R Lawyers v Mr Daily [No 2] [2026] HCA 31 (09 September 2026) (Gageler CJ; Gordon, Edelman, Jagot and Beech-Jones JJ)
Orders: Application dismissed with costs.
GXT25 v Minister for Immigration and Citizenship [2026] HCA 32 (09 September 2026) (Gageler CJ; Steward and Jagot JJ)
Catchwords: Administrative law – Judicial review – Where delegate refused application for Protection (Subclass 866) visa – Where plaintiff claimed protection on basis of fear
EGH19 v Minister for Immigration & Citizenship [2026] HCA 33 (09 September 2026) (Gordon, Steward and Gleeson JJ)
Catchwords: Administrative law – Judicial review − Where plaintiff’s Protection (Class XA) (Subclass 866) visa cancelled on character grounds (“Cancellation Decision”) − Where plaintiff made
Dale Haines by his litigation guardian Barbara Ramjan v Attorney General of NSW [2026] HCA 34 (09 September 2026) (Edelman, Jagot and Beech-Jones JJ)
Catchwords: Mental health – Forensic patient – Extension of status as forensic patient – Where making of extension order subject to Mental Health and Cognitive
Full Federal Court
Williams v Companies Auditors Disciplinary Board [2026] FCAFC 136 (09 October 2026) (Collier, Needham and Hill JJ)
Catchwords: CORPORATIONS – appeal from dismissal of application for judicial review of decision of Companies Auditors Disciplinary Board cancelling appellant’s registration as company auditor under
Pacific National Pty Ltd v Australian Rail, Tram and Bus Industry Union [2026] FCAFC 135 (09 October 2026) (Raper, McDonald and Vandongen JJ)
Catchwords: INDUSTRIAL LAW – appeal from decision of the South Australian Employment Court – where the respondent claimed the appellant had breached s 50 of
Chukwuma v Assistant Minister for Citizenship and Multicultural Affairs (No 2) [2026] FCAFC 134 (09 October 2026) (Moshinsky, Derrington and Dowling JJ)
Catchwords: PRACTICE AND PROCEDURE – costs – costs relating to appeal and two interlocutory applications brought by the appellant – where appeal successful but two
Sunna v Commissioner of Taxation [2026] FCAFC 133 (01 October 2026) (Hespe, Stellios and Wheatley JJ)
Catchwords: TAXATION – appeal from judgment of primary judge dismissing taxpayer’s appeal in part – where taxpayer entered into contract for disposal of CGT asset
Flinders Ports Pty Ltd v Construction, Forestry, Maritime and Energy Union [2026] FCAFC 131 (25 September 2026) (Abraham, O’Sullivan and McDonald JJ)
Catchwords: INDUSTRIAL LAW – appeal from decision of South Australian Employment Court – where first respondent claimed appellant breached s 50 of Fair Work Act
Deyanti v Minister for Immigration and Citizenship [2026] FCAFC 126 (23 September 2026) (Banks-Smith, Stewart and Younan JJ)
Catchwords: MIGRATION – citizenship – where appellant was found abandoned in Australia as a child and there is proof that she was born in Indonesia
NSW Court of appeal
In the matter of Tahmoor Coal Pty Ltd (in liq) [2026] NSWCA 211 (09 October 2026) (Payne, Stern and Free JJA)
Catchwords: CORPORATIONS — winding up — conduct of liquidation — disclaimer of onerous property — whether royalty deed an unprofitable contract — meaning of “unprofitable
JTE Enterprises Pty Ltd t/as Mount Gibraltar Preschool v Brown [2026] NSWCA 210 (08 October 2026) (Adamson and McHugh JJA, Harrison AJA)
Catchwords: ADMINISTRATIVE LAW — judicial review — alleged error in determining ambit of medical dispute WORKERS COMPENSATION — referral of medical dispute to medical assessor
Zhu v Mordecai [2026] NSWCA 209 (08 October 2026) (Adamson JA and Price AJA)
Catchwords: APPEALS — leave to appeal — interlocutory orders — where orders made that the applicant was not capable of conducting proceedings on her own
Music v State of New South Wales; State of New South Wales v Music [2026] NSWCA 206 (02 October 2026) (Mitchelmore, Adamson and McHugh JJA)
Catchwords: TORT — intentional tort — battery — where respondent found vicariously liable for the battery by a police officer who sprayed the appellant with
Awad v Awad (No 2) [2026] NSWCA 207 (30 September 2026) (Payne JA and Griffiths AJA)
Catchwords: CIVIL PROCEDURE — Court of Appeal — Application for leave to appeal — Leave to appeal from interlocutory orders including removal of interim joint
Zey v State of New South Wales [2026] NSWCA 208 (30 September 2026) (Ward ACJ and Mitchelmore JA)
Catchwords: JUDGMENTS AND ORDERS — amending, varying and setting aside — Court of Appeal — application to reopen and vary orders under UCPR r 36.16(3A)