New South Wales Department of Housing v Moskalev [2007] FCA 353

FEDERAL COURT OF AUSTRALIA

New South Wales Department of Housing v Moskalev [2007] FCA 353 ADMINISTRATIVE LAW – jurisdiction of Federal Magistrates Court of Australia – extent of jurisdiction to make orders under s 46PO(4) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) – associated jurisdiction. Held: Order of the Federal Magistrates Court set aside. Federal Court of Australia Act 1976 (Cth), s 32 Federal Magistrates Act 1999 (Cth), ss 10, 15, 18 Housing Act 2001 (NSW), s 6 Human Rights and Equal Opportunity Act 1986 (Cth), s 46PO Disability Discrimination Act 1992 (Cth), ss 5, 6, 11, 25 Fencott and Others v Muller and Another (1983) 152 CLR 570, cited In Re the Judiciary Act 1903-1920 and In Re The Navigation Act 1912-1920 (1921) 29 CLR 257, cited Jackson v Sterling Industries Limited (1987) 162 CLR 612, cited Mather v Luttrell Ltd & Ors [2003] FMCA 62, referred to Philip Morris Incorporated and Another v Adam P Brown Male Fashions Proprietary Limited; United States Surgical Corporation v Hospital Products International Proprietary Limited and Others (1981) 148 CLR 457, cited Rana v Fergusson & Ors (No 1) [2003] FMCA 293, referred to Re Wakim; Ex parte McNally and Another; Re Wakim; Ex parte Darvall; Re Brown and Others; Ex parte Amann and Another; Spinks and Others v Prentice (1999) 198 CLR 511, cited SZBCE v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FMCA 1933, cited SZDCJ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1500, cited The Queen v Kirby and Others; Ex parte Boilermakers' Society of Australia(1956) 94 CLR 254, referred to The Queen v The Trade Practices Tribunal and Others; Ex parte Tasmanian Breweries Pty Ltd (1971) 123 CLR 361, referred to Tyler v Kesser Torah College [2006] FMCA 1, referred to NEW SOUTH WALES DEPARTMENT OF HOUSING v ILLYA MOSKALEV AND NATALIA MOSKALEVA NSD 1434 OF 2006