Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kedem v Johnson Lawyers Legal Practice Pty Ltd [2013] FCA 432 Citation: Kedem v Johnson Lawyers Legal Practice Pty Ltd [2013] FCA 432
Parties: EINAV KEDEM v JOHNSON LAWYERS LEGAL PRACTICE PTY LTD
File number: SAD 161 of 2012
Judge: MANSFIELD J
Date of judgment: 10 May 2013
Catchwords: LIMITATION OF ACTIONS – claims for negligence, breach of contract and under Trade Practices Act 1974 (Cth) and Australian Securities and Investments Commission Act 2001 (Cth) – when cause of action accrues – statutory claims brought after statutory limitation periods had expired – statutory claims barred – negligence and contract claims brought after limitation period specified in s 35 of Limitation of Actions Act 1936 (SA) had expired – whether extension of time should be granted under s 48 of Limitation of Actions Act 1936 (SA) – extension of time refused HIGH COURT AND FEDERAL COURT – accrued jurisdiction – Court has jurisdiction to hear any claim regarding a matter that involves a claim falling within the Court's jurisdiction and genuinely made – claims attracting federal jurisdiction genuinely made – claims not attracting federal jurisdiction but forming part of the same matter fall within Court's accrued jurisdiction
Legislation: Federal Court Rules 2011 (Cth) s 30.01 Trade Practices Act 1974 (Cth) ss 52, 82, 87 Australian Securities and Investments Commission Act 2001 (Cth) ss 12CB, 12DA, 12GF, 12GM Competition and Consumer Act 2010 (Cth) Law of Property Act 1936 (SA) s 55A Real Property Act 1886 (SA) s 132 Limitation of Actions Act 1936 (SA) ss 35, 48 Bankruptcy Act 1966 (Cth)
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