Federal Court of Australia
Federal Court of Australia
DJ Builders & Son Pty Ltd (in liq), in the matter of DJ Builders & Son Pty Ltd (in liq) v Queensland Building and Construction Commission (No 3) [2021] FCA 1041 File number: QUD 361 of 2019
Judgment of: DERRINGTON J
Date of judgment: 31 August 2021
Catchwords: HIGH COURT AND FEDERAL COURT – jurisdiction – whether negligence action within scope of Federal Court's jurisdiction – whether part of matter arising from federal law because applicant company is in liquidation – whether federal jurisdiction is attracted because separate "matter" is included in same proceedings – no jurisdiction with respect to negligence action – matter transferred to Supreme Court of Queensland
Legislation: Corporations Act 2001 (Cth) ss 124, 477 Federal Court of Australia Act 1976 (Cth) ss 19, 31A Judiciary Act 1903 (Cth) s 39B Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) s 5 Federal Court Rules 2011 (Cth) rr 9.02, 13.01
Cases cited: Australian Securities and Investments Commission v Edensor Nominees Pty Ltd (2001) 204 CLR 559 Burgundy Royale Investments Pty Ltd v Westpac Banking Corporation (1987) 18 FCR 212 CGU Insurance Limited v Blakeley (2016) 259 CLR 339 Chahwan v Euphoric Pty Ltd (2008) 245 ALR 780 Crouch v Commissioner for Railways (1985) 159 CLR 22 DJ Builders & Son Pty Ltd (in liq), in the matter of DJ Builders & Son Pty Ltd (in liq) v Queensland Building and Construction Commission [2019] FCA 2018 Fencott v Muller (1983) 152 CLR 570 Hafertepen v Network Ten Pty Limited [2020] FCA 1456 Lauro v Minter Ellison Lawyers (No 2) [2018] SASC 70 LNC Industries Ltd v BMW (Australia) Ltd (1983) 151 CLR 575 McCarthy v Federal Commissioner of Taxation (2013) 249 FCR 140 Oliver v Nine Network Australia Pty Ltd [2019] FCA 583 Palmer v Ayres (2017) 259 CLR 478 R v Commonwealth Court of Conciliation and Arbitration; Ex parte Barrett (1945) 70 CLR 141 Rana v Google Inc (2017) 254 FCR 1 Re Judiciary and Navigation Acts (1921) 29 CLR 257 Re Wakim; Ex parte McNally (1999) 198 CLR 511 Rizeq v Western Australia (2017) 262 CLR 1 RNB Equities Pty Ltd v Credit Suisse Investment Services (Australia) Ltd (2019) 370 ALR 88 Scott Russell Constructions Pty Ltd (In Liq) v QBCC [2019] FCA 1378
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