Petrotimor Companhia de Petroleos S.A.R.L. v Commonwealth of Australia [2003] FCAFC 3

FEDERAL COURT OF AUSTRALIA

Petrotimor Companhia de Petroleos S.A.R.L. v Commonwealth of Australia [2003] FCAFC 3

CONSTITUTIONAL LAW –whether claims made in application not justiciable or enforceable as requiring for their determination the adjudication of acts of State or the validity, meaning and effect of transactions of foreign sovereign States – whether Court has jurisdiction or will in exercise of its discretion adjudicate upon claims involving exercise by Executive of prerogative in respect of foreign affairs – whether Court should as a matter of judicial restraint adjudicate upon claims involving Australia's international relations – whether claims made in application give rise to a "matter" within the jurisdiction of the Court – whether claims made capable of judicial determination

PRACTICE & PROCEDURE – summary disposal – whether application should be set aside, dismissed or permanently stayed by reason that matters raised in application are not justiciable or enforceable

PRACTICE & PROCEDURE – evidence – whether Court bound by Executive certificate stating territorial boundaries of Australia – whether evidence of qualified persons having conduct of Australia's foreign affairs admissible in relation to question of potential embarrassment to Australia's diplomatic relations

PRACTICE & PROCEDURE – associated jurisdiction of the Federal Court of Australia - whether associated claims of wrongful interference with contractual relations, constructive trust and misuse of confidential information should also be struck out – the Court has no jurisdiction to entertain claims where claims require adjudication upon validity of acts of foreign sovereign States – where validity of acts of foreign State essential to causes of action associated claims must also be struck out

Maritime Legislation Amendment Act 1994 (Cth) s 6 Seas and Submerged Lands Act 1973 (Cth) ss 3, 11, 12, 13 Petroleum (Submerged Lands) Act 1967 (Cth) Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990 (Cth) ss 7, 8 Petroleum (Australia-Indonesia Zone of Cooperation) (Consequential Provisions) Act 1990 (Cth) s 24 Coastal Waters (State Powers) Act 1980 (Cth) Judiciary Act 1903 (Cth) s 39B(1A)(c) Federal Court of Australia Act 1976 (Cth) ss 20(1A), 32(1) Acts Interpretation Act 1901 (Cth) s 13(2) The Constitution (Cth) ss 51(xxix), 51(xxxi), 61 Petroleum Act 1936 (WA) Petroleum (Prospecting and Mining) Ordinance 1954-1960 (NT)