Juries Against Illegal Laws Incorporated v The State of Tasmania [2010] FCA 578

FEDERAL COURT OF AUSTRALIA

Juries Against Illegal Laws Incorporated v The State of Tasmania [2010] FCA 578 Citation: Juries Against Illegal Laws Incorporated v The State of Tasmania [2010] FCA 578

Parties: JURIES AGAINST ILLEGAL LAWS INCORPORATED v THE STATE OF TASMANIA

File number: TAD 5 of 2010

Judge: MARSHALL J

Date of judgment: 8 June 2010

Catchwords: PRACTICE AND PROCEDURE –Federal Court–Summary judgment in respect of claim under s 31A (2) of Federal Court of Australia Act 1976 (Cth) –Order 11 Rule 16 of the Federal Court Rules–whether Family Violence Act 2004 (Tas) is invalid and inconsistent with the Supreme Court's exercise of Commonwealth judicial power pursuant to s77 (iii) of the Constitution –whether non-judicial power conferred on Commonwealth Courts–whether State law inconsistent with a law of the Commonwealth under s109 of the Constitution.

Legislation: Associations Incorporation Act 1964 (Tas) Australian Human Rights Commission Act 1986 (Cth) Commonwealth Constitution s 77(iii) Family Violence Act 2004 (Tas) Family Law Act 1975 (Cth) s 4 Federal Court of Australia Act 1976 (Cth) s 31A Judiciary Act 1903 (Cth) s 39B(1A)(b), s 78B Justice Act 1959 (Tas) Sex Discrimination Act 1984 (Cth) s 22

Cases cited: Fardon v Attorney-General for the State of Queensland(2005) 223 CLR 575 Imobilari Pty Ltd v Opes Prime Stockbroking Ltd (2008) 252 ALR 41 Jemena Asset Management Pty Ltd v Coinvest Limited [2009] FCAFC 176 Kable v Director of Public Prosecutions (NSW)(1995) 189 CLR 5 Kowalski v MMAL Staff Superannuation Fund Pty Ltd (2009) 178 FCR 401 Pharm-a-Care Laboratories Pty Ltd v Commonwealth of Australia (No 3) [2010] FCA 361 Telstra Corporation Ltd v Worthing (1999) 197 CLR 61 Ugur v Human Rights and Equal Opportunity Commission [2008] FCA 1461 White Industries v Federal Commissioner of Taxation (2007) 160 FCR 298