Federal Court of Australia
Federal Court of Australia
Raghubir v Nicolopoulos [2022] FCAFC 97 Appeal from: Raghubir v Nicolopoulos [2021] FCA 1073
File number(s): NSD 1021 of 2021
Judgment of: ALLSOP CJ, KENNY AND JAGOT JJ
Date of judgment: 3 June 2022
Catchwords: HIGH COURT AND FEDERAL COURT – appeal from single judge of the Federal Court – whether the Federal Court has jurisdiction to hear the appellants' defamation claim – alleged defamatory publications made only within New South Wales – first respondent resident of New South Wales – other respondents being incorporated pursuant to the Strata Schemes Management Act 2015 (NSW) – whether service within Australia but outside the Australian Capital Territory sufficient to enliven jurisdiction for in personam actions – appeal dismissed
Legislation: Constitution, s 122 Corporations Act 2001 (Cth), s 5F(2) Federal Court of Australia Act 1976 (Cth), ss 18, 19(1) Judiciary Act 1903 (Cth), s 39B(1A) Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), s 9(3) Service and Execution of Process Act 1901 (Cth), ss 4, 11 (repealed) Service and Execution of Process Act 1992 (Cth), ss 12, 15 Federal Court Rules 2001 (Cth) Civil Law (Wrongs) Act 2002 (ACT), s 123 Defamation Act 2005 (NSW) Jurisdiction of Courts (Cross-vesting) Act 1993 (ACT), s 4(1) Strata Schemes Management Act 2015 (NSW), ss 8, 11–13 Supreme Court Act 1933 (ACT), s 20 Civil Procedure Rules 2006 (ACT), r 6430 Supreme Court Rules 1937 (ACT), Order 3, r 4 (repealed)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate