Surmacz v Duracell Australia Pty Ltd Surmacz v Duracell Australia Pty Ltd [2026] FCA 25

(Delivered ex tempore, revised from transcript)

1. I refuse the applicant's application, made orally today, to seek an interim order where I effectively stand over this proceeding for two weeks, which the applicant asked.
2. I do so on the basis that the applicant correctly - having been informed that the respondent, Duracell Australia Pty Ltd, yesterday, on 28 January 2026, withdrew its nomination for the subclass 186 visa for the applicant and his family - conceded there is no interlocutory relief, presently, before the court that the applicant could seek. Counsel for the applicant frankly conceded that, as is appropriate.
3. Therefore, I am not satisfied there is a prima facie case, in any event- on the materials as they now arise, that, Duracell having withdrawn the application, there is any relief that could be granted by the Court.
4. If the applicant has been wrongfully terminated, the applicant will have an action in damages. That is the relief that should be sought, not what the applicant seeks before me today, which is interim relief to effectively stand the matter over to another day.
5. There is no prima facie case presently before the court, and I do not propose to grant the applicant the relief sought in the exercise of my discretion.
6. The application for interlocutory relief will be dismissed. The applicant will pay the respondent's costs.

I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Anderson.