Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
PEP Community Services Inc. trading as PEP Community Services v Job Futures Ltd [2008] FCA 1264
PRACTICE AND PROCEDURE – transfer of proceedings from State Supreme Court due to 'Special Federal Matter' – Registry deliberately not designated – choice of appropriate Registry
Held: The respondent's motion to transfer the proceedings to the New South Wales District Registry is dismissed. Federal Court of Australia Act 1976 (Cth) s 48 Trade Practices Act 1974 (Cth) s 45 Jurisdiction of Courts (Cross-vesting) Act 1987 (WA)s 3(1)(a), 3(3)(d), 6(3) New South Wales Restraints of Trade Act 1976 (NSW)s 4 Aquila Resources Limited v Pasminco Limited [2004] FCA 39 Australian Co-operative Foods Ltd & Anor v National Foods Milk Ltd [1998] FCA 376 Jacobs v Claudius Enterprises Pty Ltd [1985] ATPR 40-511 National Mutual Holdings Pty Ltd v The Sentry Corporation (1988) 19 FCR 155 Plantagenet Wines Pty Ltd v Lion Nathan Wine Group Australia Ltd [2006] FCA 247 Westpac Banking Corporation v O'Brien [1997] ACTSC 107 Rothwells Ltd (in liq) v Connell [1995] QSC 30 PEP COMMUNITY SERVICES INC. TRADING AS PEP COMMUNITY SERVICES v JOB FUTURES LTD
WAD 113 of 2008
MCKERRACHER J
18 aUGUST 2008
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 113 of 2008
BETWEEN: PEP COMMUNITY SERVICES INC. TRADING AS PEP COMMUNITY SERVICES
Applicant
AND: JOB FUTURES LTD
Respondent
JUDGE: MCKERRACHER J DATE OF ORDER: 18 AUGUST 2008
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The respondent's motion to transfer the proceedings to the New South Wales District Registry is dismissed. 2. The parties are to file within 10 days submissions, if any, not exceeding two pages in length in relation to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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