Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Juries Against Illegal Laws Incorporated v The State of Tasmania [2010] FCA 1277
Citation: Juries Against Illegal Laws Incorporated v The State of Tasmania [2010] FCA 1277
Parties: JURIES AGAINST ILLEGAL LAWS INCORPORATED v THE STATE OF TASMANIA
File number: TAD 27 of 2010
Judge: MIDDLETON J
Date of judgment: 11 November 2010
Catchwords: PRACTICE AND PROCEDURE –Federal Court– Application for leave to appeal under s 25(2) of the Federal Court of Australia Act 1976 (Cth). 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: Federal Court of Australia Act 1976 (Cth) Judiciary Act 1903 (Cth) Family Violence Act 2004 (Tas) Commonwealth Constitution (Cth)
Cases cited: Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51 Kowalksi v MMAL Staff Superannuation Fund Pty Ltd (2009) 178 FCR 401 Luck v University of Southern Queensland (2009) 176 FCR 268 South Australia v Totani [2010] HCA 39 Spencer v The Commonwealth (2010) HCA 28
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