Federal Court of Australia
Federal Court of Australia
Tucker v McKee [2021] FCA 828 File number: VID 274 of 2020
Judgment of: ANASTASSIOU J
Date of judgment: 23 July 2021
Catchwords: PRACTICE AND PROCEDURE – jurisdiction of Federal Court of Australia in defamation proceedings – first duty of Court to determine question of jurisdiction – whether there is a matter arising under federal law – whether there is a right, duty or obligation in issue in the matter that owes its existence to federal law or depends upon federal law for its enforcement – whether alleged defamatory email was published outside the State of Victoria – whether storage of an email on a cloud or server sufficient to constitute publication – whether assertion of jurisdiction was colourable – jurisdiction of the Court not established – originating application and amended statement of claim dismissed
Legislation: Fair Work Act 2009 (Cth) Judiciary Act 1903 (Cth) Defamation Act 2005 (Vic)
Cases cited: CGU Insurance v Blakeley [2016] HCA 2; 259 CLR 339 Courtney v Pinnacle Media Group Ltd & Ors [2021] QSC 91 Dow Jones & Co Inc v Gutnick [2002] HCA 56; 210 CLR 575 Federated Engine-Drivers and Firemen's Association of Australasia v Broken Hill Proprietary Co Ltd [1911] HCA 31; 12 CLR 398 Fencott v Muller [1983] HCA 12; 152 CLR 570 Humphrys (Tobin) v Chief Executive Officer of Department of Communities WA [2021] FCA 586 LNC Industries v BMW (Australia) Ltd [1983] HCA 31; 151 CLR 575 Murphy v Nationwide News Pty Ltd [2021] FCA 381 Oliver v Nine Network Australia Pty Ltd [2019] FCA 583 Prasad v Google LLC [2020] FCA 67 Productions Australia Pty Ltd v Duncan-Watt (No 2) [2020] FCA 236; 377 ALR 467 R v Commonwealth Court of Conciliation and Arbitration; Ex parte Barrett [1945] HCA 50; 70 CLR 141 Rana v Google Inc [2017] FCAFC 156; 254 FCR 1 Somasundaram v Luxton [2020] FCA 1076 Toben v Jones [2012] FCA 1193 Tucker v State of Victoria (Costs Ruling No 2) [2020] VSC 192] Tucker v State of Victoria (Costs Ruling) [2019] VSC 481 Tucker v State of Victoria (Notice to Produce) [2019] VSC 689 Tucker v State of Victoria (Stay Application) [2019] VSC 635 Tucker v State of Victoria (Undertaking as to Damages) [2020] VSC 121 Tucker v State of Victoria [2018] VSC 389 Tucker v State of Victoria [2019] VSC 420 Tucker v State of Victoria [2021] VSCA 120 Webster v Brewer [2020] FCA 622
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