Australian Federal Courts (Friday 6 November 2026)

Send us Fan Mail Twelve decisions in the Federal Courts edition for Friday 6 November 2026, all from the Federal Court of Australia, three with Judicial Ledger headnotes. The opening story: when a docket judge who has managed related proceedings, knows a contested expert report and has imposed a penalty on overlapping agreed facts should step aside for apprehended bias, and where the line stops. Then judicial advice for liquidators with a warning for next time, standing for a derivative suit, a worked example on costs after mixed success, the docket and the registry. Practice and Procedure Desk (opening story). IG Power (Callide) Ltd v CS Energy Limited [2026] FCA 1629 (Derrington J, 6 November 2026) - Signal: Practice and Procedure; Illustrative; JL p. 14. A recusal application made before pleadings close may be determined on the respondent's indication of the issues to be contested. Applying Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337, apprehended bias may arise where three conditions coincide: the judge is closely familiar with an expert report on a central factual question; the judge has imposed a substantial civil penalty on agreed facts under s 191 of the Evidence Act 1995 (Cth) substantially overlapping with that report; and the report's veracity is to be contested before the same judge. Satisfied, albeit only just. A prior decision on agreed facts does not ordinarily disqualify, and agreed facts do not bind non-parties, but it is a question of degree; mere exposure to a report when ruling on admissibility would not suffice; docket allocation of related proceedings reinforced the apprehension. Tentative, expressly qualified observations do not found prejudgment individually or cumulatively, and case management enquiries under ss 37M and 37N of the Federal Court of Australia Act 1976 (Cth) are legitimate. Application granted; matter referred to the National Operations Registry for reallocation; no order as to costs. The proceeding continues; the claims are untested and disputed. JADE Commercial Law Desk . Karageozis (Administrator) v Polymer Direct Pty Ltd, in the matter of Evolve Group Pty Ltd (Administrators Appointed) [2026] FCA 1660 (Derrington J, 6 November 2026) - Signal: Practice and Procedure; JL p. 12. Applications for judicial advice under s 90-15 of the Insolvency Practice Schedule (Corporations) should follow Re Westnet WA Infrastructure Holdings Ltd (2015) 106 ACSR 583: propose a specific course supported by competent counsel's advice, adduce the material and authorities in an orderly way, and articulate the precise areas of doubt; advice may be refused otherwise or where no relevant controversy exists. Advice was given with hesitation, and practitioners should not assume similar leniency. Prior registration of a financing statement may be efficacious for s 588FL(2)(b)(ii) of the Corporations Act 2001 (Cth) for later-created security interests (PPSA ss 151(1), 161), on the assumption of the supplier's belief; the interests were PMSIs with super priority under s 62(3)(b); absent opposition, a 40% first in first out apportionment of proceeds of processed goods (ss 31-32, 99-101) sufficed. Indemnity costs out of the fund refused; standard basis. JADE Grayson Family Ltd Partnership LLLP v Lynch [2026] FCA 1667 (Jackman J, 6 November 2026) - JL p. 10. Standing under s 236(1)(a)(i) of the Corporations Act 2001 (Cth) as a person entitled to be registered as a member requires a present entitlement; an economic or beneficial interest held through a nominee and broker, or a future capacity, is insufficient, and Saunders v Vautier confers no present entitlement absent any call for transfer. A late affidavit on standing was rejected for unfair prejud