Federal Court of Australia
e JUDGMENT NO. senedcct Loa ne
CATCHWORDS
CONSTITUTIONAL LAW - Commonwealth - Commonwealth Employee - Employment Injuries - Safety Rehabilitation and Compensation Act 1988 (Cth) - s 44 - law extinguishing cause of action for damages sustained through employer's alleged negligence or breach of contract - Commonwealth Constitution - s 51(xxxi) - whether law with respect to the acquisition of property - whether claims statute barred before commencement of s 44 are "property" - whether cause of action "vested" - Judiciary Act (1903) (Cth) - s 44(2A) and (3) - jurisdiction of Federal Court of Australia to entertain actions.
LIMITATION OF ACTIONS - application for extension of time of causes of action - Limitation Act 1969 (NSW) - s 14 - whether action is maintainable - s 63(1) - whether the right and title of the applicant is extinguished.
PRIVATE INTERNATIONAL LAW - system of law to be applied in relation to tort allegedly committed in Australia - Judiciary Act 1903 (Cth) - s 79 - choice of law in relation to exercise of federal jurisdiction - ss 56(1) and 64 - choice of law for actions against the Commonwealth - Limitation Act 1969 (NSW) - 8 63 - whether provision is substantive or procedural.
WORDS AND PHRASES - Commonwealth Constitution - s 51(xxxi) -
"property" - "innominate or anomalous interest" - Safety bilitati an ompensation Act 1988 (Cth) - s 44 - "proceedings for damages" - Judicjary Act (1903) (Cth) - s 79
- "the laws of each State".
PRACTICE - Notice of Motion to strike out claim - whether claim is untenable.
The Commonwealth Constitution - s 51(xxxi), s 75(iii), 8 77, s 78, s 118
Judiciary Act (1903) (Cth) - s 39(2), s 44(1), s 44(2A), s 44(3), s 56, s 56(1), s 56(1)(b), s 64, s 79
Safety Rehabilitation and Compensation Act 1988 (Cth) - s 44,
s 45
Limitation Act 1969 (NSW) - s 14, s 60F, s 60G, s 60M, s 61, 63, s 63(1), Schedule 5
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