Federal Court of Australia
FEDERAL COURT OF AUSTRALIA PRACTICE AND PROCEDURE - application to transfer proceedings to Supreme Court of Victoria - whether matter ought to be litigated in this Court - nature of claim - whether in the interests of justice the matter ought to be transferred. Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) s 5(4) Trade Practices Act 1976 (Cth) s 86A(1)
Accounting Systems 2000 (Developments) Pty Ltd v CCH Australia Ltd (1993) 42 FCR 470 Philip Morris Inc v Adam P Brown Male Fashions Pty Ltd (1981) 148 CLR 457 Burgundy Royale Investments Pty Ltd v Westpac Banking Corporation (1987) 76 ALR 173 Lamshed v Lamshed (1992) 35 FCR 111 Mansell v Cumming (1989) 86 ALR 637 Commonwealth v Silverton Ltd (1991) 103 FLR 251 Tribond Developments Pty Ltd v Griffin (1997) 73 FCR 153 Bankinvest AG v Seabrook (1988) 14 NSWLR 711
CHARTER PACIFIC CORPORATION LIMITED v COMMONWEALTH
SCIENTIFIC AND INDUSTRIAL RESEARCH ORGANISATION
NO QG 175 OF 1996
COOPER J BRISBANE 28 OCTOBER 1998
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 175 of 1996
BETWEEN: charter pacific corporation limited
Applicant
AND: commonwealth scientific and industrial research organisation
Respondent
commonwealth scientific and industrial research organisation
cross-applicant
charter pacific corporation LIMITED
cross-respondent
JUDGE: COOPER J
DATE OF ORDER: 28/10/98
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. Pursuant to s5(4)(b)(ii) of the Courts (Cross-Vesting) Act 1987 (Cth) and s86A(1) of the Trade Practices Act 1974 (Cth) proceedings QG 175 of 1996 and the matters arising for determination in it be transferred to the Supreme Court of Victoria. 2. The costs of and incidental to the motion for the transfer of the proceedings be costs in the cause. 3. The respondent pay the applicant its costs of and incidental to its notice of motion filed 3 July 1998 to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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