News

The Federal Court of Australia (Hespe J) in 𝘊𝘩𝘪𝘦𝘧 𝘌𝘹𝘦𝘤𝘶𝘵𝘪𝘷𝘦 𝘖𝘧𝘧𝘪𝘤𝘦𝘳 𝘰𝘧 𝘵𝘩𝘦 𝘕𝘢𝘵𝘪𝘰𝘯𝘢𝘭 𝘋𝘪𝘴𝘢𝘣𝘪𝘭𝘪𝘵𝘺 𝘐𝘯𝘴𝘶𝘳𝘢𝘯𝘤𝘦 𝘈𝘨𝘦𝘯𝘤𝘺 𝘷 𝘌𝘢𝘴𝘵𝘩𝘢𝘮 [2026] FCA 147 dismissed an appeal by the National Disability Insurance Agency (NDIA) from a decision of the Administrative Review Tribunal.

The primary ground of appeal centred around the construction of s 34(1) of the 𝘕𝘢𝘵𝘪𝘰𝘯𝘢𝘭 𝘋𝘪𝘴𝘢𝘣𝘪𝘭𝘪𝘵𝘺 𝘐𝘯𝘴𝘶𝘳𝘢𝘯𝘤𝘦 𝘚𝘤𝘩𝘦𝘮𝘦 𝘈𝘤𝘵 2013 (Cth) (NDIS Act). The NDIA contended at supports funded under the NDIS must relate only to the specific impairments for which a participant would meet the Scheme's access requirements.

Her Honour held that the impairment in relation to which a participant is granted access to the Scheme need not be the sole cause of the need for a support. Rather, it is sufficient if the relevant impairment is a cause of the need for the support.

The Court’s decision has received national media coverage.

Amir Chowdhury, led by Tom Liu (7 Wentworth Selborne), appeared for the successful participant, Mr Eastham. Tom and Amir were instructed by the Justice and Equity Centre.

A copy of the judgment is available at this link.

We are delighted to announce the inclusion of our barristers in the Legal 500 Asia Pacific Guide 2026.

Katrina Howard SC is recognised for her expertise in Intellectual Property, while Andre Zahra SC and Thomas Bagley are ranked in Commercial Disputes.

Clients and peers have highlighted Andre’s sharp analytical skills: “He has a very quick mind and the ability to summarise the strengths and weaknesses of a client's case quickly.”

Thomas is celebrated for his clarity and persuasiveness: “Thomas' ability to condense complex and difficult legal concepts to an understandable and persuasive submission (written and oral) is extremely impressive.”

Congratulations to Katrina, Andre and Thomas on this well-deserved recognition.