An application for preliminary discovery under O 15A of the Federal Court Rules involves a 'matter' within the meaning of Chapter III of the Constitution where the applicant asserts a claim arising under a Commonwealth law, even though substantive proceedings have not yet been instituted. Section 39B(1A)(c) of the Judiciary Act 1903 (Cth) confers jurisdiction on the Federal Court to make orders for preliminary discovery in matters arising under the Trade Practices Act 1974 (Cth), supplementing the jurisdiction conferred by s 86(1) of that Act. The question of whether the Court had jurisdiction to make such orders prior to the commencement of s 39B(1A) in April 1997 was left open.
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