Dye v Commonwealth Securities Limited (No 2) [2010] FCA 817

FEDERAL COURT OF AUSTRALIA

Dye v Commonwealth Securities Limited (No 2) [2010] FCA 817 Citation: Dye v Commonwealth Securities Limited (No 2) [2010] FCA 817

Appeal from: Application for leave to appeal: Dye v Commonwealth Securities Limited [2010] FCA 720

Parties: VIVIENNE LOUISE DYE v COMMONWEALTH SECURITIES LIMITED (ACN 067 254 399)

File number(s): NSD 909 of 2010

Judge: NICHOLAS J

Date of judgment: 4 August 2010

Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal from interlocutory judgment of primary judge refusing the applicant leave to amend statement of claim – whether application for leave to appeal competent – effect of s 24(1AA) and s 20(3) of the Federal Court of Australia Act 1976 (Cth) Held: Application dismissed as incompetent – no right to appeal decision of single judge refusing leave to amend statement of claim CONSTITUTIONAL LAW – assertion by applicant that s 24(1AA) of the Act invalid as inconsistent with Ch. III of the Constitution – whether application for leave to appeal involves a matter arising under the Constitution or involving its interpretation – whether Court bound not to proceed to allow required notices to be given pursuant s 78B of the Judiciary Act 1903 (Cth) Held: No s 78B notice required – application does not involve a matter that "really and substantially" arises under the Constitution – asserted invalidity of s 24(1AA) based on a misunderstanding of relevant statutory provisions

Legislation: Access to Justice (Civil Litigation Reforms) Amendment Act 2009 (Cth) Constitution s 73, Ch. III Federal Court of Australia Act 1976 (Cth) ss 19, 20, 24, 33 Federal Court Rules O 4, rr 1, 6 Judiciary Act 1903 (Cth) s 78B War Crimes Act 1945 (Cth) s 9