Federal Court: March 2026
Recent decisions discuss the Hearne v Street obligation and the strict expectations on independence, representation and procedural fairness in complex litigation.
By Dr David J. Townsend and Paris Hart - 12 min readRecent decisions discuss the Hearne v Street obligation and the strict expectations on independence, representation and procedural fairness in complex litigation.
By Dr David J. Townsend and Paris Hart - 12 min readA whistleblowing bid forced the Court to examine the tension between litigation‑imposed confidentiality and public interest disclosure protections.
By Vincci Chan - 5 min readThe Federal Court discusses time extension applications for liquidators and the fragmentation of criminal proceedings by civil proceedings.
By Vincci Chan and Talitha Fishburn - 11 min readA solicitor’s dual role as advocate and creditor led to a miscarriage of justice and discussion of the Court’s inherent power to protect fairness.
By Joanne Shepard SC - 5 min readThe Court discusses striking out the ACCC’s novel pleadings against Meta and constructive trusts over copyright in illegal abattoir video.
By Denes Blazer and Paris Hart - 12 min readThe Federal Court discusses costs when parties are mutually successful and apprehended bias when a judge is a member of an organisation criticised in filing.
By Michael Morgan and Vincci Chan - 7 min readThe Federal Court unpacks its discretion to allow testimony by audio-visual link, accepting the vulnerability of a US federal government employee as a reason.
By Joanne Shepard SC - 4 min readThe Federal Court unpacks unfair contract terms and the transparency of terms, and equitable estoppel for oral representations after Kramer v Stone.
By Dr David J. Townsend and Michael Morgan - 15 min readThe Federal Court considers when a court can inspect allegedly privileged documents and the definition of ‘workplace law’ in the Fair Work Act 2009.
By Paris Hart - 10 min readThe Federal Court considers liability for misconduct by an AFSL holder’s representative and apprehended bias when a judge has previously ruled against a witness.
By Vincci Chan and Talitha Fishburn - 12 min readThe Federal Court considers special circumstances against Anshun estoppel and public interest waiver in visa decisions.
By Dr David J. Townsend and Paris Hart - 12 min readThe Federal Court considers whether derivative disclosure amounted to waiver of privilege and cross-examination of witnesses on privileged materials.
By Joanne Shepard and Michael Morgan - 10 min readThe Federal Court considers the appropriate penalty for contempt of court by way of breaching freezing orders.
By Vincci Chan - 3 min read