Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kirella Pty Ltd v Hooper [1999] FCA 169
PRELIMINARY DISCOVERY -whether the Court has jurisdiction to require preliminary discovery - discussion of the jurisdiction and power of the Federal Court - meaning of "matter" in the Constitution - is preliminary discovery a "matter" or part of a "matter" within Ch III of the Constitution - superior court of law and equity - incidental powers - discovery for identification of parties - proposed action under s 52 of the Trade Practices Act 1974 (Cth) - misleading and deceptive conduct. WORDS AND PHRASES – "matter", "preliminary discovery" Commonwealth of Australia Constitution Act 1901 (Cth) ss 75, 76 and 77 Federal Court of Australia Act 1976 (Cth) s 5, 19, 23 and 59 Judiciary Act 1903 (Cth) s 39B Trade Practices Act 1974 (Cth) s 52 Federal Court Rules O 15A Fair Trading Act 1985 (NSW) s 42 Nationwide News Pty Ltd v Wills (1992) 177 CLR 1, followed Crouch v Commissioner for Railways (Qld) (1985) 159 CLR 22, followed Phillip Morris Inc v Adam P Brown Male Fashions Pty Ltd (1981) 148 CLR 457, followed Fencott v Muller (1983) 152 CLR 570, followed Re Judiciary and Navigation Acts (1921) 29 CLR 257, applied
Mellifont v Attorney-General (Qld) (1991) 173 CLR 289, applied
Croome v State of Tasmania (1997) 191 CLR 119, cited
R v Commonwealth Court of Conciliation & Arbitration; Ex parte Barrett (1945) 70 CLR 141, cited
Norwich Pharmacal v Customs & Exercise (CA) [1974] AC 133, applied
British Steel Corp v Granada Television Ltd [1981] AC 1096, applied
Corrs Pavey Whiting & Byrne v Collector of Customs (Vic) (1987) 14 FCR 434, cited
Smith Kline and French v Department of Community Service (1990) 22 FCR 73, cited
McIntyre v Perkes (1990) 22 FCR 260, cited
Wardley Australia Ltd v Western Australia (1992) 175 CLR 514, cited
Harris v Caladine (1991) 172 CLR 84, cited
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