District Court of New South Wales
R v Boylan and Boylan [2026] NSWDC 215
SENTENCING – manufacture of large commercial quantity of prohibited drug – methylamphetamine – possess prohibited firearm – possess prohibited weapon
Courts
Courts and judgments
Recent published judgments from the courts that serve Sydney, alongside the Federal Court and the High Court of Australia.
District Court of New South Wales
NSW Civil and Administrative Tribunal
NSW Civil and Administrative Tribunal
Maurice Blackburn Pty Ltd v State Insurance Regulatory Authority [2026] NSWCATAD 188
ADMINISTRATIVE LAW - administrative review - government information - access application - enforceable right to access government information - presumption in favour of the disclosure of government information - overriding public interest against disclosure - public interest considerations against disclosure - public interest considerations in favour of disclosure - balance - term ‘could reasonabl
NSW Civil and Administrative Tribunal
Sandercock v The Hills Shire Council [2026] NSWCATAD 191
Administrative law – administrative review – government information – conclusive presumption of an overriding public interest against disclosure – legal professional privilege – public interest test – whether information is confidential or commercial in confidence – balancing the public interest - confidential evidence – whether any further information is held – reasonable searches – scope - corre
Supreme Court of New South Wales
Supreme Court of New South Wales
Howell v Kelly (No 2) [2026] NSWSC 753
JUDGMENT AND ORDERS – parties ordered to attempt to agree on orders to reflect reasons in principal judgment, failing which parties to provide competing submissions and any material relied on in support of their proposed short minutes of order – whether the orders sought by each party reflect the reasons and considerations raised in the principal judgment – HELD – orders made to reflect reasons CO
Supreme Court of New South Wales
Walmsley by his tutor Walmsley v Boyd [2026] NSWSC 726
EVIDENCE — leave sought to adduce further expert evidence — where parties’ joint single expert has already reported — Uniform Civil Procedure Rules 2005 (NSW) r 31.44 — exercise of discretion — whether affected party would have a significant sense of grievance that it had not been permitted to advance its case
Supreme Court of New South Wales
In the matter of Great Northern Developments Pty Ltd; In the matter of Ironbark Holdings Australia Pty Ltd (No 2) [2026] NSWSC 749
COSTS – related proceedings – plaintiff wholly successful in one proceeding – costs follow the event – plaintiff partially successful in second proceeding – where defendant made offer of compromise – whether rejection of offer unreasonable – where offer more favourable than outcome – plaintiff entitled to costs to date of offer and thereafter to pay defendants’ costs on indemnity basis
Supreme Court of New South Wales
Kym Chapman & Associates Pty Ltd t/as Kym Chapman & Associates v Thompson [2026] NSWSC 724
JUDGMENTS AND ORDERS — application to set aside judgment based on filing of a costs certificate — Uniform Civil Procedure Rules 2005 (NSW) r 36.15 — whether judgment entered irregularly — power under r 36.15 does not extend to challenging the merits of the costs determination — no irregularity identified in the process of entering judgment — in any case no error in costs assessor’s determination
Federal Court of Australia
Federal Court of Australia
Scott (Administrator), in the matter of Brookhollow Investments Pty Ltd (Administrators Appointed) [2026] FCA 822
CORPORATIONS – application to duty judge for direction under s 90-15 of the Insolvency Practice Schedule (Corporations) that liquidators are justified in admitting a proof of debt – where liquidator in a position of conflict – where basis of urgency involves the loss of a potential tax benefit – application not urgent – matter referred for allocation to docket judge
Federal Court of Australia
Scott (Administrator), in the matter of Brookhollow Investments Pty Ltd (Administrators Appointed) (No 2) [2026] FCA 833
CORPORATIONS – application by liquidators under s 90-15 of the Insolvency Practice Schedule (Corporations) for a direction that they are justified in admitting a proof of debt – where one liquidator in a position of conflict – reasonable basis for the liquidators’ proposal – notice to Australian Securities and Investments Commission with liberty to apply – application granted COSTS – liquidators t
Federal Court of Australia
DJB24 v Minister for Immigration and Citizenship [2026] FCA 836
MIGRATION – appeal from a judgment of the Federal Circuit and Family Court of Australia (Division 2) upholding decision of Tribunal refusing protection visa application – where appeal obviously without merit – where the appellant has failed to communicate with the Court – where the respondent gave notice to the appellant by email that it would seek an order for dismissal under r 36.74(1)(c) of the
Federal Court of Australia
Da Silva v Minister for Immigration and Citizenship (Notice to Produce) [2026] FCA 838
PRACTICE AND PROCEDURE – notices to produce – where the respondent applied to set aside a paragraph of a notice to produce served by the applicant – where the respondent contended the paragraph had no legitimate forensic purpose – where the documents called for by the paragraph would be relevant to issues in the proceeding – held: application to set aside the paragraph refused, although amending i
Federal Court of Australia
Goyal, in the matter of Ultra Commerce Holdings (Administrators Appointed) [2026] FCA 821
CORPORATIONS – application by administrators under ss 65-45 and 90-15 of the Insolvency Practice Schedule (Corporations) for relief nunc pro tunc from compliance with the requirement to maintain separate administration bank accounts for each company under administration – where consolidated financial and reporting group – where intermingled accounts – efficiency and cost reduction in the administr
Federal Court of Australia
Larmar v Commissioner of Taxation [2026] FCA 826
TAXATION — Taxation Appeal — Where the individual Applicant ran property syndicates — Where the Commissioner of Taxation (Commissioner) determined additional income from those property syndicates was assessable as ordinary income or personal services income to the individual — Where the additional income included management fees, brokerage fees, success fees, and project management consultancy fee
Federal Court of Australia
Ogbonna, in the matter of Ogbonna [2026] FCA 835
PRACTICE AND PROCEDURE – application for leave to institute proceedings subject to a vexatious proceedings order pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth) – where affidavits do not comply with s 37AR(3) – where proposed proceedings are vexatious – application dismissed
Federal Court of Australia
Australian Securities and Investments Commission v Mercer Superannuation (Australia) Limited [2026] FCA 832
CORPORATIONS LAW – where financial services licensee contravened s 912DAA(1) and (7) of the Corporations Act 2001 (Cth) (Corporations Act) by failing to report reportable situations to the Australian Securities and Investments Commission (ASIC) on time or at all, after an investigation into whether there was a significant breach of a core obligation had continued for more than 30 days (being a rep
Federal Court of Australia
Haywood v Comcare [2026] FCA 773
PRACTICE AND PROCEDURE – application for an extension of time to appeal a decision of the Administrative Appeals Tribunal – Tribunal dismissed applicant’s claims under the Safety, Rehabilitation and Compensation Act 1988 (Cth) – exceptional delay – inadequate explanation of delay – insufficient prospects on appeal – inference of prejudice – public interest in finality of litigation – application d
Federal Court of Australia
Singh v Minister for Immigration and Citizenship [2026] FCA 828
MIGRATION — appeal dismissed — no question of principle
Federal Court of Australia
Actgall Pty Ltd (in liq) v Morella (No 2) [2026] FCA 827
PRACTICE AND PROCEDURE – where default judgment entering money judgment previously granted –where interlocutory application to set aside default judgment filed ten months later – whether default judgment given not in the absence of a party is interlocutory or final – where set aside application not pressed at hearing – application dismissed and indemnity costs ordered against first defendant
Federal Court of Australia
Kuot v Minister for Immigration and Citizenship [2026] FCA 825
MIGRATION – application for judicial review of decision of Administrative Review Tribunal (Tribunal) affirming a decision of a delegate of the Minister not to revoke cancellation of the applicant’s visa under s 501CA(4) of the Migration Act 1958 (Cth) (Act) – whether Tribunal erred by failing to consider material that was relevant to a central and prominent issue relating to the primary considerat
Federal Court of Australia
Chang v Loebenstein (Trustee), in the matter of the bankrupt estate of Chang [2026] FCA 814
BANKRUPTCY AND INSOLVENCY – application for annulment by the Court – whether sequestration order ought not to have been made – no evidence of solvency – no other basis for annulment identified – application dismissed
Federal Court of Australia
Lock the Gate Alliance Ltd v Tamboran B2 Pty Ltd [2026] FCA 819
ENVIRONMENT LAW – project being carried out for the extraction of unconventional gas by hydraulic fracturing in the Northern Territory – application for injunction under s 475 Environment Protection and Biodiversity Conservation Act 1999 (Cth) on the ground that approval is required under Pt 9 – scope of the “action” the impacts of which must be assessed – whether relevant action likely to have a
Federal Court of Australia
Australian Securities and Investments Commission v Wiluna Mining Corporation Ltd [2026] FCA 824
PRACTICE AND PROCEDURE - whether the plaintiff's case against the first defendant should be heard before the plaintiff's case against the second and third defendant – where terms of declaratory orders sought against the defendants differ – where plaintiff and first defendant jointly propose the making of declaratory orders as to contraventions based upon agreed facts and admissions – where second
Federal Court of Australia
Health Services Union v Asmar (Application for Extension of Administration) [2026] FCA 798
INDUSTRIAL LAW – registered organisations – interlocutory application to extend scheme of administration – whether application is directed at a new scheme – whether Administrator complied with requirements in scheme of administration – where Administrator opposes extension of scheme of administration – where no serious question to be tried – balance of convenience is fairly even – interim relief n
Federal Court of Australia
Pinikera v Minister for Immigration and Multicultural Affairs [2026] FCA 813
MIGRATION – application for review of decision to cancel applicant’s visa pursuant to s 501(2) of the Migration Act 1958 (Cth) (the Act) – whether decision illogical or irrational – whether Minister failed to consider legal consequences of s 501E of the Act – whether s 501(2) is subject to an implied temporal limitation – application dismissed
Federal Court of Australia
Hassen v State of New South Wales [2026] FCA 812
PRACTICE AND PROCEDURE – application for leave to file further amended originating application and further amended statement of claim – whether viable claims of direct discrimination pursuant to section 9(1) of the Racial Discrimination Act 1975 (Cth) pleaded or capable of being pleaded – where some claims found to be adequately pleaded, and others not – whether there would be non-compliance with
NSW Civil and Administrative Tribunal (Appeal Panel)
NSW Civil and Administrative Tribunal (Appeal Panel)
Decision restricted [2026] NSWCATAP 203
APPEALS – federal jurisdiction – where respondent claims that it relied upon Commonwealth Act in its defence in an anticipatory manner - where Tribunal determined the claim without needing to determine the federal issue - whether Tribunal had jurisdiction – whether Appeal Panel has power to make orders allowing appeal and setting aside decision below on the basis of lack of jurisdiction in circums
NSW Civil and Administrative Tribunal (Appeal Panel)
McCabe v Rosa [2026] NSWCATAP 201
Appeal against orders of Consumer and Commercial Division of Tribunal - whether time to appeal should be extended - whether appellant demonstrates error on question of law - whether appellant demonstrates grounds for grant of leave to appeal - whether leave should be granted to rely on further evidence – opportunity to cross examine and procedural fairness - weight given to evidence – adequacy of
NSW Civil and Administrative Tribunal (Occupational)
NSW Civil and Administrative Tribunal (Occupational)
Daw v Secretary, Department of Customer Service [2026] NSWCATOD 90
ADMINISTRATIVE LAW – Home Building Act – Qualified Supervisor Certificate – refusal - bankruptcy –director of an externally-administered company - whether applicant took all reasonable steps to avoid bankruptcy and external administration
NSW Civil and Administrative Tribunal (Occupational)
Majzoub v Secretary, Department of Customer Service [2026] NSWCATOD 89
ADMINISTRATIVE LAW – qualified supervisor certificate in the category of disconnection and reconnection of fixed electrical equipment (appliances and motors) – qualifications required by the Instrument – scope of work within the Instrument
Land and Environment Court of NSW
Land and Environment Court of NSW
Lewin Capital First Pty Ltd ATF Lewin Capital First Unit Trust v Woollahra Municipal Council [2026] NSWLEC 79
PRACTICE AND PROCEDURE – application for joinder pursuant to s 8.15(2)(a) of the Environmental Planning and Assessment Act 1979 and r 6.24(1) of the Uniform Civil Procedure Rules 2005 – whether issues of concern are not likely to be sufficiently addressed if applicant is not joined as a party – whether it is in the interests of justice or in the public interest that the applicant be joined as a pa