Polar Aviation Pty Ltd v Civil Aviation Safety Authority [2010] FCA 367

FEDERAL COURT OF AUSTRALIA

Polar Aviation Pty Ltd v Civil Aviation Safety Authority [2010] FCA 367 Citation: Polar Aviation Pty Ltd v Civil Aviation Safety Authority [2010] FCA 367

Parties: POLAR AVIATION PTY LTD and CLARK ANDREW BUTSON v CIVIL AVIATION SAFETY AUTHORITY, TERRENCE FARQUHARSON, GARRY PRESNEILL, ROBERT COLLINS, JIM MARCOLIN, PETER JOHN and ALAN COOK

File number(s): VID 677 of 2009

Judge: KENNY J

Date of judgment: 16 April 2010 Corrigendum 27 April 2010 Catchwords: PRACTICE & PROCEDURE – Jurisdiction – Whether application seeking leave under s 47A(3) of Limitation Act 1935 (WA) to bring a proceeding or alternatively a declaration as to the inapplicability of s 47A enlivened Federal Court's jurisdiction under Judiciary Act 1903 (Cth) s 39B(1A)(c) though proceeding was not formally instituted – Where application and accompanying affidavit showed that applicants wanted to bring the proceeding – Where proposed statement of claim exhibited to affidavit disclosed a federal matter arising under federal statute – Where applicants required to seek leave before bringing proposed proceeding assuming Limitation Act applied because leave could not be granted retrospectively – Federal jurisdiction enlivened in the absence of an initiating process where vindication of rights under federal statute depends or may depend on the resolution of a prior preliminary application for leave under the Limitation Act – Court had jurisdiction over application as incidental to exercise of judicial power over federal matter PRACTICE & PROCEDURE – Jurisdiction – Whether applicants' substantive claims disclosed a federal matter arising under federal statute within Judiciary Act 1903 (Cth) s 39B(1A)(c) – Where substantive claims included claims for violation of rights and privileges conferred on applicants under the Civil Aviation Act 1988 (Cth) and/or related Regulations and Orders – Claims "arose under" federal statutory law – Claims were not made for purpose of fabricating jurisdiction – Non-federal claims formed part of same "matter – Claims disclosed a federal matter attracting federal jurisdiction