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Default discovery: Queensland vs Federal position
In the Supreme Court of Queensland (Supreme Court), the right to an exchange of documents is the default position in proceedings started by claim, while in the Federal Court of Australia (Federal Court) there is no entitlement to exchange of documents, and a party must persuade the Court that this exchange is necessary, proportionate and…
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AI evidence misleading Court: Ba v Sterling Parts Australia
On 17 June 2026, Symons J delivered judgment in the case of Ba v Sterling Parts Australia Pty Ltd [2026] FedCFamC2G 1245 (Ba v Sterling Parts). Ba v Sterling Parts was a proceeding brought by Weiman Ba (Applicant) in the second division of the Federal Circuit and Family Court of Australia (Court). Symons J dismissed…
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What amounts to use of a trade mark outside of Australia?
The case of Lamont v Malishus & Ors (No 4) [2019] FCCA 3206 (Lamont v Malishus) involved an action for infringement of a registered trade mark in Australia under the Trade Marks Act 1995 (Cth) (TMA). This case raised several issues, including, whether using a word as part of a domain name constituted “use” as…
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WIJOAV v Goldstone – shareholder oppression in a private equity context
The recent case of WIJOAV Services Pty Ltd v Goldstone Private Equity Pty Ltd [2025] FCA 622 (WIJOAV v Goldstone) involved a claim of shareholder oppression under section 232 of the Corporations Act 2001 (Cth) (Corporations Act). The case established that a shareholder in a private equity fund may be oppressed by a co-investor where…
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Federal Court dismisses continuous disclosure claim
The Federal Court recently dismissed Australia Securities and Investment Commission’s (ASIC) claim in Australian Securities and Investment Commission v Nuix Limited [2026] FCA 490 (ASIC v Nuix) that Nuix Limited breached its obligations under section 674 of the Corporations Act 2001 (Cth) (Corporations Act). Nuix Limited (Nuix) successfully contested ASIC’s allegation that it had breached…
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Hylepin v Doshay: excuses for shareholder oppression?
On 19 November 2021, the Full Court of the Federal Court of Australia published its decision in the case of Hylepin Pty Ltd v Doshay Pty Ltd [2021] FCAFC 201 (Hylepin v Doshay). Hylepin v Doshay was appealed from the decision in Hylepin Pty Ltd v Doshay Pty Ltd [2020] FCA 1370 that concerned a…
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Federal Court publishes GenAI Practice Note
On 16 April 2026, the Federal Court of Australia (Court) published the Use of Generative Artificial Intelligence Practice Note (GPN-AI) (Cth) (GenAI Practice Note).
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What is a concise statement?
A concise statement is a brief, plain language document, often drafted in narrative form, used by the Federal Court of Australia (Federal Court) to ‘triage’ a case.[1] Concise statements were introduced as part of the Federal Courts Commercial and Corporations Practice Note (Practice Note), which came into effect on 25 October 2016. Its stated purpose…
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Default judgment – contumacious non-compliance with Court orders
The recent Federal Court case of Pieman v Monks Resources PL v Monks [2025] FCA 88 (Pieman v Monks v Monks) shows the lengths a plaintiff must go to before the Court will order default judgment based on ongoing failure by a defendant to comply with orders. The case involved allegations of misleading and deceptive…
Federal Court litigation
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