Mulley v Hayes [2021] FCA 1111

Federal Court of Australia

Mulley v Hayes [2021] FCA 1111 File number: NSD 78 of 2021

Judgment of: LEE J

Date of judgment: 13 September 2021

Catchwords: HIGH COURT AND FEDERAL COURT – federal jurisdiction – defamation proceeding – width of principle in LNC Industries v BMW (Australia) Ltd (1983) 151 CLR 575 – the interpretation or application of an aspect of a Commonwealth law need not be in dispute for federal jurisdiction to exist – consideration of relevant principles – scope of the federal matter – whether assertion of jurisdiction is colourable – held jurisdiction of the Court properly invoked DEFAMATION – jurisdiction of the Federal Court in defamation matters TORTS – claim relating to the loss conjugal rights and loss of consortium not maintainable – novel action on the case existing independently of trespass, negligence and nuisance for damages by a person who suffers harm or loss as the inevitable consequence of the unlawful, intentional and positive acts of another held to be arguable – allegation of unlawfulness contrary to s 474.17 of the Criminal Code (Cth)

Legislation: Constitution Ch III; ss 75, 76, 77 Australia Act 1986 (Cth) Broadcasting Services Act 1992 (Cth) Corporations Act 2001 (Cth) Ch 2B; s 124 Criminal Code Act 1995 (Cth) s 474.17 Customs Act 1901 (Cth) Evidence Act 1995 (Cth) s 140 Family Law Act 1975 (Cth) s 114 Family Law Amendment (Family Violence And Other Measures) Act 2018 (Cth) Federal Court of Australia Act 1976 (Cth) ss 32, 33(4B), 37P Federal Court Rules 2011 (Cth) rr 4.12, 7.23, 30.01 Judiciary Act 1903 (Cth) ss 39(2)(a), 39B(1A)(c), 64 Insurance Contracts Act 1984 (Cth) s 57 International Arbitration Act 1974 (Cth) Native Title Act 1993 (Cth) Telecommunications Act 1997 (Cth) s 7 Trade Practices Act 1974 (Cth) Law Reform (Marital Consortium) Act 1984 (NSW) s 3 Petroleum Act 1923 (Qld) Australia Act 1986 (UK)