Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Birdon Pty Ltd v Houben Marine Pty Ltd [2011] FCAFC 126 Citation: Birdon Pty Ltd v Houben Marine Pty Ltd [2011] FCAFC 126
Parties: BIRDON PTY LTD (ABN 59002810255) v HOUBEN MARINE PTY LTD (ACN 14002623396), PHILLIP DAVENPORT and ADJUDICATE TODAY PTY LTD (ABN 39109605021)
File number(s): NSD 667 of 2011
Judges: KEANE CJ, RARES AND BUCHANAN JJ
Date of judgment: 13 October 2011
Catchwords: ADMIRALTY – whether a charter agreement is a construction contract – liability of parties pursuant to an agreement for the hire of a back hoe dredge vessel – whether having invoked federal jurisdiction in proceedings in the Federal Court an adjudication application under a State Act can be pursued – whether the State Act purports to withdraw the Federal Court's authority to quell a controversy within its jurisdiction – source of rights and remedies in federal jurisdiction – application of surrogate federal laws – maritime claim – admiralty jurisdiction in personam CONSTITUTIONAL LAW – operation and effect of the Constitution – conflict between State and Federal legislation – whether Part 3 of the Building and Construction Industry Security of Payment Act 1999 (NSW) regarding the enforcement of a statutory claim for progress payments is inconsistent with the institutional integrity of Chapter III Courts – exercise of Commonwealth judicial power CONSUMER LAW – Australian Consumer Law – misleading and deceptive conduct
Legislation: Constitution ss 71, 73, 75, 76, 77, 109, 118 Admiralty Act 1988 (Cth) ss 3, 4, 9, 10, 12, 14 Australian Consumer Law ss 18, 19, 29, 232, 236 Bankruptcy Act 1966 (Cth) s 27 Competition and Consumer Act 2010 (Cth) Sch 2 Family Law Act 1975 (Cth) s 87 Federal Court of Australia Act 1976 (Cth) ss 19, 22, 23, 53 Judiciary Act 1903 (Cth) ss 38, 39(2), 39B, 44, 79, 80 Native Title Act 1993 (Cth) s 81 Patents Act 1990 (Cth) s 154 Trade Marks Act 1995 (Cth) s 191 Trade Practices Act 1974 (Cth) s 52 Workplace Relations Act 1996 (Cth) s 850 Building and Construction Industry Security of Payment Act 1999 (NSW) ss 4, 6, 7, 8, 9, 10, 11, 13, 14(2)(b), 15, 17, 18, 19, 20, 21(3), 22, 23, 24, 25, 26A, 26B, 32, 34 Sentencing Act 1989 (NSW) s 13A(3A) Supreme Court Act 1970 (NSW) ss 22, 23
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