Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Srikantha v Commonwealth of Australia [2020] FCA 373 File number: VID 361 of 2019
Judge: SNADEN J
Date of judgment: 20 March 2020
Catchwords: PRACTICE AND PROCEDURE – jurisdiction – cross-vesting – applicant's interlocutory application to transfer proceedings from the Federal Court of Australia to the Supreme Court of Victoria – whether in the interests of justice to transfer proceedings – application dismissed PRACTICE AND PROCEDURE – respondent's interlocutory application to summarily dismiss application or, in the alternative, for the statement of claim to be struck out – whether the statement of claim raises a federal cause of action – application granted and statement of claim struck out – applicant granted leave to file and serve amended statement of claim
Legislation: Federal Court Rules 2011 (Cth) r 16.21 Fair Work Act 2009 (Cth) ss 50, 539, 562 and 570 Judiciary Act 1903 (Cth) s 39B Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) ss 4 and 5 Public Service Act 1999 (Cth) Safety, Rehabilitation and Compensation Act 1988 (Cth) Superannuation Act 1990 (Cth) s 13 Workplace Relations Act 1996 (Cth) s 170MT
Cases cited: BHP Billiton Ltd v Schultz (2004) 221 CLR 400 Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Federal Commissioner of Taxation v Residence Riverside Pty Ltd (2011) 198 FCR 248 McGowan v Migration Agents Registration Authority (2003) 129 FCR 118 Rana v Google Inc (No 2) (2017) 254 FCR 1 Transport Workers Union v Lee (1998) 84 FCR 60
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