Malecki v Macko [2022] FCA 766

Federal Court of Australia

Malecki v Macko [2022] FCA 766 File number: SAD 142 of 2021

Judgment of: BESANKO J

Date of judgment: 5 July 2022

Catchwords: HIGH COURT AND FEDERAL COURT — federal jurisdiction — where applicants bring claim for damages against respondents for publication of defamatory matter — where second applicant and second respondent are corporations — where one of publications alleged in Statement of Claim is publication alleged to have been made by email to Australian Financial Complaints Authority (AFCA) — where in written submissions received by Court to determine issue of jurisdiction, applicants assert that AFCA publication read in Australian Capital Territory — whether assertion colourable — jurisdiction established — consideration of alternative basis of jurisdiction, that second applicant and second respondent owe their corporate status and capacity to sue or to be sued to Corporations Act 2001 (Cth)

Legislation: Judiciary Act 1903 (Cth) s 39B

Cases cited: Burgundy Royale Investments Pty Ltd v Westpac Banking Corporation (1987) 18 FCR 212 Citta Hobart Pty Ltd v Cawthorn [2022] HCA 16; (2022) 400 ALR 1 Colagrande v Telstra Corporation Limited [2020] FCA 1595 Crosby v Kelly [2012] FCAFC 96; (2012) 203 FCR 451 Hafertepen v Network Ten Pty Limited [2020] FCA 1456 Hooper v Kirella Pty Ltd [1999] FCA 1584; (1999) 96 FCR 1 Oliver v Nine Network Australia Pty Ltd [2019] FCA 583 R v Commonwealth Court of Conciliation and Arbitration; Ex parte Barrett [1945] HCA 50; (1945) 70 CLR 141 Rana v Google Inc [2017] FCAFC 156; (2017) 254 FCR 1 Tucker v McKee [2022] FCAFC 98 Vopak Terminal Darwin Pty Ltd v Natural Fuels Darwin Pty Ltd [2009] FCA 742; (2009) 258 ALR 89 Allsop J, "Federal Jurisdiction and the Jurisdiction of the Federal Court of Australia in 2002" (2002) 23 Aust Bar Rev 29–60 Leeming M, Authority to Decide: The Law of Jurisdiction in Australia (2nd ed, Federation Press, 2020)