Petrotimor Companhia de Petroleos S.A.R.L. v Commonwealth of Australia [2003] FCAFC 83

FEDERAL COURT OF AUSTRALIA

Petrotimor Companhia de Petroleos S.A.R.L. v Commonwealth of Australia [2003] FCAFC 83

PRACTICE & PROCEDURE – accrued and associated jurisdiction of the Federal Court of Australia – primary claim dismissed as being non-justiciable whether accrued jurisdiction for remaining non-federal claim – where no jurisdiction invoked in primary claim no accrued or associated jurisdiction exists – where no common factual basis of claims no accrued or associated jurisdiction exists.

Federal Court of Australia Act 1976 (Cth) Judiciary Act 1903 (Cth) s 39B Burgundy Royale Investments Pty Ltd v Westpac Banking Corporation (1987) 18 FCR 212 distinguished Buck v Comcare (1996) 137 ALR 335 considered Carlton & United Breweries Ltd v Castlemaine Tooheys Ltd (1986) 161 CLR 543 followed Fencott v Muller (1983) 152 CLR 570 considered Johnson Tiles Pty Ltd v Esso Australia Pty Ltd (2000) 104 FCR 564 followed New South Wales Aboriginal Land Council v Aboriginal & Torres Strait Islander Commission (1995) 131 ALR 559 considered Phillip Morris Inc v Adam P Brown Male Fashions Pty Ltd (1981) 148 CLR 457 considered Post Office Agents Association Ltd v Australian Postal Commission (1988) 84 ALR 563 considered Vietnam Veterans' Affairs Association of Australia New South Wales Branch v Cohen (1996) 70 FCR 419 considered Westpac Banking Corp v Paterson (1999) 167 ALR 377 distinguished Allsop J "Federal Jurisdiction and the Jurisdiction of the Federal Court of Australia in 2002" (2002) 23 Australian Bar Review 29 Professor Zines "Federal, Associated and Accrued Jurisdiction" in B Opeskin and F Wheeler (eds) The Australian Federal Judicial System, Melbourne University Press, 2000, p 295.

PETROTIMOR COMPANHIA de PETROLEOS S.A.R.L. AND OCEANIC EXPLORATION COMPANY v COMMONWEALTH OF AUSTRALIA, JOINT AUTHORITY ESTABLISHED PURSUANT TO THE TREATY OF 11 DECEMBER 1989 BETWEEN AUSTRALIA AND INDONESIA, CONOCOPHILLIPS (91 – 12) PTY LIMITED (FORMERLY KNOWN AS PHILLIPS PETROLEUM (91-12) PTY LIMITED), CONOCOPHILLIPS JPDA PTY LIMITED (FORMERLY KNOWN AS PHILLIPS PETROLEUM COMPANY ZOC PTY LIMITED) AND PHILLIPS PETROLEUM TIMOR SEA PTY LIMITED NO. N 1224 OF 2001 BLACK CJ, BEAUMONT AND HILL JJ 6 MAY 2003 SYDNEY