Federal Court of Australia
Federal Court of Australia
Primary Securities Ltd as Trustee of the Baker Partners Founders Fund v Warburton (No 2) [2025] FCA 80 File numbers: WAD 31 of 2022
Judgment of: JACKSON J
Date of judgment: 14 February 2025
Catchwords: CORPORATIONS - jurisdiction to determine the proceeding - whether allegations in proceeding part of the same 'matter' as other federal claims - related arbitration in abeyance - related Federal Court proceedings transferred from State Supreme Court and subsequently settled - meaning of 'matter' - consideration of common substance of the federal and non-federal claims - jurisdiction established
Legislation: Constitution ss 76, 77 Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) Australian Securities and Investments Commission Act 2001 (Cth) ss 12CA, 12CB Corporations Act 2001 (Cth) ss 9, 1337B Insurance Contracts Act 1984 (Cth) s 57 Judiciary Act 1903 (Cth) s 39B Trustees Act 1962 (WA)
Cases cited: Australian Industry Group v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2002] FCAFC 386; (2002) 125 FCR 529 Barnes v Addy (1894) LR 9 Ch App 244 Black v Freedman & Co (1910) 12 CLR 105 CGU Insurance Limited v Blakeley [2016] HCA 2; (2016) 259 CLR 339 Crouch v Commissioner for Railways (Queensland) (1985) 159 CLR 22 Crown Estates (Sales) Pty Ltd v Commissioner of Taxation [2016] FCA 335 Fencott v Muller (1983) 152 CLR 570 Hooper v Kirella Pty Ltd [1999] FCA 1584; (1999) 96 FCR 1 Koolan Iron Ore Pty Ltd v Infrassure Ltd (No 2) [2023] FCA 1654 Philip Morris Inc v Adam P Brown Male Fashions Pty Ltd (1981) 148 CLR 457 Polar Aviation Pty Ltd v Civil Aviation Safety Authority [2010] FCA 367 Primary Securities Ltd (Trustee), in the matter of Baker Partners Founders Fund [2021] FCA 1247 Primary Securities Ltd as Trustee of the Baker Partners Founders Fund v Warburton [2024] FCA 382 Primary Securities Ltd v Saker [2010] FCA 1471; (2010) 191 FCR 277 R v Commonwealth Court of Conciliation and Arbitration; Ex parte Barrett v Opitz (1945) 70 CLR 141 Rana v Google Inc [2017] FCAFC 156; (2017) 254 FCR 1 Re Wakim; Ex parte McNally (1999) 198 CLR 511 Sayseng v Kellogg Superannuation Pty Ltd [2007] NSWSC 857 Wang v Secretary, Department of Employment & Workplace Relations [2006] FCA 898
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