Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Scott v Northern Territory of Australia & Anor [2003] FCA 658
PRACTICE AND PROCEDURE – multiple proceedings – abuse of process – action commenced in Northern Territory Supreme Court apt to comprehend causes of action and fresh particulars sued on in Federal Court – Commonwealth sued colourably to attract Federal jurisdiction for action against Northern Territory – embarrassing pleadings – whether any cause of action apparent
TERRITORIES – Northern Territory not mere agent or delegate of Commonwealth – Commonwealth not vicariously liable for alleged acts of Northern Territory prison officers
ADMINISTRATIVE LAW – police decisions to investigate – whether amenable to judicial review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) – whether reviewable by prerogative writs or otherwise Administrative Decisions (Judicial Review) Act 1977 (Cth) Compensation (Fatal Injuries) Act 1979 (NT), ss 7, 8 Coroners Act 1993 (NT) Judiciary Act 1903 (Cth), s 44 Limitation Act 1981 (NT), s 12 Racial Discrimination Act 1975 (Cth) Royal Commission Act 1902 (Cth) The Constitution (Cth), s 75 Capital Duplicators Pty Ltd v Australian Capital Territory (1992) 177 CLR 248, referred Commonwealth v Connell (1986) 5 NSWLR 218, referred Deatons Pty Ltd v Flow (1949) 79 CLR 370, referred Fittock v The Queen [2003] HCA 19, applied General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125, applied Henry v Henry (1995-1996) 185 CLR 571, applied Hinchcliffe v Commissioner of Police of the Australian Federal Police (2001) 118 FCR 308, applied Jago v District Court (1989) 168 CLR 23, referred Sea Culture International Pty Ltd v Scales (1991) 32 FCR 275, referred LETTY MARIE SCOTT & ANOR v NORTHERN TERRITORY OF AUSTRALIA & ANOR N518 of 2002 LETTY MARIE SCOTT v COMMISSIONER FOR THE AUSTRALIAN FEDERAL POLICE & ORS N519 of 2002 LETTY MARIE SCOTT & ORS v DAVID R MOORE, AUSTRALIAN FEDERAL POLICE & ORS N916 of 2002 MADGWICK J 1 JULY 2003 SYDNEY
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