Petrotimor Companhia de Petroleos S.A.R.L. v Cth

(2003) 198 ALR 269; [2003] FCAFC 83

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Interrogate

Catchwords

1. Practice and Procedure
2. › Federal jurisdiction
3. › Accrued jurisdiction of the Federal Court
4. › Whether accrued jurisdiction exists where primary federal claim dismissed as non-justiciable
5. › Whether non-justiciability means no 'matter' in constitutional sense was ever before the Court
6. › Distinction between failure on merits and absence of jurisdiction
7. › Federal Court of Australia Act 1976 (Cth), s 32(1)
8. › Judiciary Act 1903 (Cth), s 39B
1. Practice and Procedure
2. › Federal jurisdiction
3. › Associated jurisdiction
4. › Whether associated jurisdiction under s 32(1) available where no federal jurisdiction validly invoked
5. › Federal Court of Australia Act 1976 (Cth), s 32(1)
1. Practice and Procedure
2. › Federal jurisdiction
3. › Single controversy or 'matter'
4. › Whether non-federal claim shares common substratum of facts with federal claims
5. › Whether claims are 'disparate', 'distinct' or 'unrelated'

Quick Take

Reliance on accrued or associated jurisdiction in the Federal Court requires that a federal 'matter' in the constitutional sense actually exists; where the federal claim is non-justiciable, no accrued or associated jurisdiction can arise, even if the federal claim was asserted in good faith.