Federal Court of Australia
Federal Court of Australia
Zurich Australian Insurance Ltd v Atradius Credito Y Caucion S.A. De Seguros Y Reaseguros [2022] FCA 709 File number(s): WAD 93 of 2022
Judgment of: ALLSOP CJ
Date of judgment: 17 June 2022
Catchwords: HIGH COURT AND FEDERAL COURT – federal jurisdiction – dispute as to jurisdiction of Federal Circuit and Family Court of Australia (Div 2) and Federal Court of Australia in relation to claim for co-insurance – consideration of transfer powers in s 32AC of the Federal Court of Australia Act 1976 (Cth) and s 153 of the Federal Circuit and Family Court of Australia Act 2021 (Cth) – unfortunate dispute about costs
Legislation: Constitution s 76(ii) Australian Securities and Investments Commission Act 2001 (Cth) s 12DA Federal Circuit and Family Court of Australia Act 2021 (Cth) s 153 Federal Court of Australia Act 1976 (Cth) ss 32AC, 32AD Insurance Contracts Act 1984 (Cth) ss 45, 54 Judiciary Act 1903 (Cth) s 39B(1A)(c) Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) s 5
Cases cited: Amalia Investments Ltd v Cirgtel Global Network NV (No 2) [2011] FCA 1270; 198 FCR 248 BHP Billiton Ltd v Schultz [2004] HCA 61; 221 CLR 400 Mulley v Hayes [2021] FCA 1111; 286 FCR 360 National Australia Bank Ltd v Nautilus Insurance Pte Ltd (No 2) [2019] FCA 1543; 377 ALR 627 Re Wakim; Ex parte McNally [1999] HCA 27; 198 CLR 511 Tucker v McKee [2022] FCAFC 98
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