Fraser Property Developments P/L v Sommerfeld (No 1)

[2005] QCA 134

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Inferior courts and tribunals
3. › Jurisdiction
4. › Transfer of proceedings from superior court to tribunal
5. › Whether matter within jurisdiction of Commercial and Consumer Tribunal
6. › Whether 'tribunal work' within s 75 and s 76 Queensland Building Services Authority Act 1991 (Qld)
7. › Whether work carried out by local government for local government excluded by s 76(1)(m)
8. › Commercial and Consumer Tribunal Act 2003 (Qld), s 8(1), s 40(1)
9. › Queensland Building Services Authority Act 1991 (Qld), ss 75, 76, 77
1. Statutes
2. › Interpretation
3. › Presumption against ousting jurisdiction of superior court
4. › Whether statutory provisions sufficiently clear to deprive Supreme Court of jurisdiction
5. › Labyrinthine and poorly integrated statutory definitions

Quick Take

A local government's action in considering and approving building design plans is 'tribunal work carried out by a local government for a local government' within s 76(1)(m) of the QBSA Act and is therefore excluded from the jurisdiction of the Commercial and Consumer Tribunal. Section 77(1) does not confer a free-standing jurisdiction on the Tribunal independent of the definitions of 'tribunal work' in ss 75 and 76.