Pending cases

Judgment reserved.

Matters argued before the Full Court and now awaiting the Court's reasons — what's at stake, and where each was heard.

Coal Mining Industry (Long Service Leave Funding) Corporation v. Orica Australia Pty Ltd

The appeal concerns whether workers employed in shotfiring and explosive services at black coal mines are entitled to portable long service leave benefits under the Coal Mining Industry (Long Service Leave) Administration Act 1992 (Cth), depending on how their employer's business activities are characterised.

Judgment reserved · Sydney · on appeal from [2025] FCAFC 90
Sentencing | April 2026

The King v. HCZ

Whether a trial judge correctly applied the law when deciding that special circumstances existed to impose an adult sentence for murder on a young offender under Queensland's Youth Justice Act.

Judgment reserved · Brisbane · on appeal from [2025] QCA 147
Criminal Law | February 2026

Farrugia v. The King

Whether a conflict of interest arises when the same counsel represents two offenders in sentencing proceedings and makes submissions on parity that favour one offender but disadvantage the other, potentially causing a miscarriage of justice through lost opportunity for representations.

Judgment reserved · Sydney · on appeal from [2025] NSWCCA 49
Taxation | March 2026

Commissioner of Taxation v. Merchant & Anor, Merchant & Anor v. Commissioner of Taxation

Whether the Full Court correctly applied the law on identifying tax avoidance schemes when a corporate trustee sells shares at a loss to a related superannuation entity, then that entity later makes a capital gain on resale.

Judgment reserved · Sydney · on appeal from [2025] FCAFC 56
Trusts | May 2026

Farm Transparency International Limited v. The Game Meats Company of Australia Pty Ltd

Whether a constructive trust can be imposed over copyright in video images created through trespass when no pre-existing relationship exists between the parties and damages have already been awarded as a remedy.

Judgment reserved · Melbourne · on appeal from [2025] FCAFC 104

GBU v. The King

Whether a Mental Health Court's finding of diminished responsibility due to drug-induced psychosis must be considered when sentencing someone for manslaughter in the Supreme Court of Queensland.

Judgment reserved · Brisbane · on appeal from [2025] QCA 196