Federal Court of Australia
COURTS —- trade practices -
CATCHWORDS
jurisdiction - cross-vesting ~ related
proceedings in Supreme Court of state and in Federal Court -
motion to transfer Federal Court proceedings to State Supreme
Court ~ State Court power to award remedies under Part VI of Trade
Practices Act - anterests of justice - legitimacy of accrued jurisdiction - onus on proponent of transfer - relevant considerations - action involving claims against legal
practitioners - within jurisdiction of both courts - possible
reflection on professional conduct - professional conduct
historically regulated by Supreme Court - more appropriate forum -
transfer ordered.
Trade Practices Act 1974 s.52, s.86A, s.87 Jurisdiction of Courts (Miscellaneous Amendments Act 1987
Ewins v Buderim Imports Pty Ltd (unrep. Wilcox J. 2 September
1987)
POVEY CORPORATION LIMITED and ST ANDREW PROPERTY HOLDINGS PTY LTD v GULL PETROLEUM (W.A.) PTY LTD, FREDERICK WILLIAM RAE, RAESIDE
PTY LTD, BORAN PTY LTD, K. & W. SALES AND DISTRIBUTION PTy LTD and
ROBINSON COX (A FIRM) NO. WAG 105 OF 1987
FRENCH J.
PERTH 24 December 1987
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JUDGMENT No. 792/87...
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IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
BETWEEN:
NO. WAG 105 OF 1987
POVEY CORPORATION LIMITED
and ST ANDREW PROPERTY
HOLDINGS PTY LTD Applicants
and
GULL PETROLEUM (W.A.) PTY LTD Pirst Respondent
and
FREDERICK WILLIAM RAE Second Respondent
and
RAESIDE PTY LTD Third Respondent
and
BORAN PTY LTD Fourth Respondent
and
K. & W. SALES AND DISTRIBUTION PTY LTD
Fifth Respondent and ROBINSON COX (A FIRM)
Sixth Respondent
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MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J.
DATE OF ORDER:
WHERE MADE: PERTH
THE COURT ORDERS THAT:
On the respondents' motion dated 2 October 1987:-
As to the applicant's motion filed 25 September 1987 to restrain
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