Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kadam v MiiResorts Group 1 Pty Ltd (No 3) [2017] FCA 1138 File numbers: QUD 528 of 2016 QUD 147 of 2017
Judge: LEE J
Date of judgment: 11 September 2017
Catchwords: PRACTICE AND PROCEDURE – issue in relation to jurisdiction identified as separate question to be determined at a separate trial – first duty of Court to determine questions of jurisdiction – Court satisfied that it has jurisdiction
Legislation: Constitution Corporations Act 2001 (Cth), s 461(1)(k) Federal Court of Australia Act 1976 (Cth), Pt IVA Judiciary Act 1903 (Cth), s 39B(1A)(c) Federal Court Rules 2011 (Cth), r 30.11
Cases cited: Federated Engine-Drivers and Firemen's Association of Australasia v The Broken Hill Proprietary Company Limited [1911] HCA 31; (1911) 12 CLR 398 Merck Sharp & Dohme (Australia) Pty Ltd v Peterson [2009] FCAFC 26 Re Culleton [2017] HCA 3; (2017) 91 ALJR 302 Re Wakim; Ex parte McNally [1999] HCA 27; (1999) 198 CLR 511
Date of hearing: 11 September 2017
Registry: Queensland
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 8
Counsel for the Applicants: Ms C M Kenny QC and Mr S S Monks
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