Bateman Project Engineering Pty Ltd v Pegasus Gold Australia Pty Ltd

[2000] NTSC 34

Supreme Court of the Northern Territory

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Catchwords

1. Constitutional Law (Cth)
2. › Legislative powers of Commonwealth Parliament
3. › Territories power
4. › Laws made under s 122 of the Constitution
5. › Conferral of jurisdiction on Federal Court
6. › Whether cross-vesting scheme valid for Territory proceedings
7. › Commonwealth of Australia Constitution Act 1900, s 122
8. › Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), ss 5, 9
1. Practice and Procedure
2. › Cross-vesting
3. › Transfer of proceedings from Territory court to Federal Court
4. › Validity of transfer under cross-vesting legislation after Re [name withheld]
5. › Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), ss 5, 9

Quick Take

The cross-vesting scheme under the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) remains valid for the transfer of proceedings from Territory courts to the Federal Court, notwithstanding the invalidity of State cross-vesting established in Re [name withheld]. The provisions are severable and the Territory conferral operates as a valid law under s 122 of the Constitution.

Case Details

Citation[2000] NTSC 34

CourtNTSC

JurisdictionNorthern Territory

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Cited by1

2018Practitioner D3 v Council of the Law Society of the Australian Capital TerritoryACTCA 47

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