Bell Group Ltd v Westpac Banking Corp [2000] FCA 439

FEDERAL COURT OF AUSTRALIA

Bell Group Ltd v Westpac Banking Corp [2000] FCA 439

FEDERAL COURT OF AUSTRALIA – jurisdiction – applicants invoked supposed jurisdiction of Federal Court under cross-vesting legislation – respondents, two years later, raised cross-claim based on s 52 of Trade Practices Act 1974 (Cth) – applicants in liquidation – cross-claimants did not, initially, apply for leave to begin cross-claim – Federal Court later granted leave nunc pro tunc to begin and proceed with cross-claim – whether Federal Court's orders granting leave were within its jurisdiction – whether the Federal Court was a "Court" within the meaning of s 58AA of the Corporations Law able to grant leave to the respondents/cross-claimants pursuant to s 471B of that law – whether cross-claimants had validly invoked the Federal Court's jurisdiction – whether failure to obtain such leave an impediment to the invocation of Federal Court's jurisdiction – whether respondents' cross-claims were statute-barred or colourable – whether the applicants' claims (all of which were non-federal) fell within the Court's accrued jurisdiction consequent upon the filing of the respondents' cross-claim – whether the proceeding in this application arose out of or was related to certain proceedings in the Supreme Court of Western Australia – whether it was "more appropriate" that the proceeding be determined by the Supreme Court of Western Australia – whether the proceeding should be transferred to that Court in the interests of justice.

CONSTITUTIONAL LAW – whether ss 5(4) and 13 of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) are constitutionally valid.

The Constitution (63 & 64 Vict. C.12), s 73

Judiciary Act 1903 (Cth) ss 79, 80, 39B(1A)(c)

Corporations Law ss 58AA, 471B, 565

Trade Practices Act 1974 (Cth) ss 52, 82, 86(1), 87(1), 87(1CA)