Recent Cases
High Court of Australia
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
Coal Mining Industry (Long Service Leave Funding) Corporation v Orica Australia Pty Ltd [2026] HCA 30 (09 September 2026) (Gageler CJ; Gordon, Steward, Gleeson and Jagot JJ)
Catchwords: Industrial law (Cth) – Coal industry – Statutory interpretation – Portable long service leave scheme – Where employers required to make payments in respect
The King v Ko [2026] HCA 29 (12 August 2026) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ)
Catchwords: Criminal practice – Trial – Adequacy of jury directions – Attempted importation of commercial quantity of border controlled drug – Fault element – Intent
Full Federal Court
Chukwuma v Assistant Minister for Citizenship and Multicultural Affairs [2026] FCAFC 121 (08 September 2026) (Moshinsky, Derrington and Dowling JJ)
Catchwords: MIGRATION – decision of Assistant Minister under s 501BA of the Migration Act 1958 (Cth) to set aside a decision of the Administrative Appeals
Ejueyitsi v Thomas [2026] FCAFC 123 (08 September 2026) (O’Sullivan, Younan and Bennett JJ)
Catchwords: BANKRUPTCY – appeal from sequestration order – de novo review of registrar’s decision – service of bankruptcy notice – whether personal service established –
VRRQ v Minister for Immigration and Multicultural Affairs [2026] FCAFC 117 (08 September 2026) (Anderson, O’Sullivan and Lenehan JJ)
Catchwords: MIGRATION — appeal from decision of primary judge to dismiss application for judicial review of a decision of the Administrative Review Tribunal to affirm
Totino v Metro Trains Melbourne Pty Ltd [2026] FCAFC 120 (08 September 2026) (McEvoy, Dowling and Hill JJ)
Catchwords: INDUSTRIAL LAW – general protections – adverse action – appeal from Federal Circuit and Family Court of Australia (Div 2) – show cause letter
Dass v Minister for Immigration and Citizenship [2026] FCAFC 116 (04 September 2026) (Rangiah, Downes and Feutrill JJ)
Catchwords: MIGRATION – appeal – where Tribunal’s reasons contained errors – whether errors were jurisdictional – whether Tribunal’s reasons were incoherent and the decision legally
Thurston v Fox Sports Australia Pty Limited (No 2) [2026] FCAFC 118 (04 September 2026) (Bromwich, O’Callaghan and Abraham JJ)
Catchwords: COSTS – whether accidental slip or omission in order by Full Court concerning costs below upon remittal.
NSW Court of appeal
Bolton v WAM Active Ltd (No 4) [2026] NSWCA 189 (10 September 2026) (Leeming JA)
Catchwords: COSTS – payment out of security for costs – whether entitlement to security established – whether special costs order should be made – gross
Jaworski v Chartered Accountants Australia and New Zealand [2026] NSWCA 190 (11 September 2026) (Ward P and Harrison AJA)
Catchwords: APPEALS — application for leave to appeal — where proceedings stayed until payment of costs of earlier proceedings raising same claims of wrongdoing —
John Goubran & Associates Pty Ltd v The Owners – Strata Plan 57150 [2026] NSWCA 188 (09 September 2026) (McHugh and Free JJA, Price AJA)
Catchwords: APPEALS – Leave to appeal – whether primary judge erred by failing to address claims for the cost of repairs and interest – primary
Talevski v Perpetual Corporate Trust Limited [2026] NSWCA 187 (08 September 2026) (Mitchelmore JA)
Catchwords: APPEALS — application for leave to appeal — interlocutory injunction pending appeal — where primary judge dismissed application to set aside default judgment —
Godfrey v Wollondilly Shire Council [2026] NSWCA 181 (07 September 2026) (Leeming and Kirk JJA, Preston CJ of LEC)
Catchwords: ENVIRONMENT AND PLANNING – development consents to carry out different developments on rural land – construction of consents – nature and extent of developments
WS v Secretary, Department of Communities and Justice [2026] NSWCA 178 (07 September 2026) (Leeming JA and Griffiths AJA)
Catchwords: CIVIL PROCEDURE — Court of Appeal — Application for leave to appeal — Leave to appeal from summary dismissal of applicant’s amended summons refused