Hopkins v Governor-General of Australia

(2013) 280 FLR 49; [2013] NSWCA 365

NSW Court of Appeal

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Interrogate

Catchwords

1. Jurisdiction
2. › Federal jurisdiction
3. › Investment of federal jurisdiction in State courts
4. › Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth)
5. › Conflict with exclusion of jurisdiction by Administrative Decisions (Judicial Review) Act 1977 (Cth), s 9
6. › Whether Cross-Vesting Act impliedly repealed ADJR Act s 9
7. › Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), s 4
8. › Administrative Decisions (Judicial Review) Act 1977 (Cth), s 9
1. Statutory Interpretation
2. › Implied repeal
3. › Later Act in conflict with earlier Act
4. › Statement of operation 'notwithstanding anything contained in any Act'
5. › Whether later Act impliedly repeals earlier Act despite emphatic language
6. › Effect of Note to section referring to later Act
7. › Administrative Decisions (Judicial Review) Act 1977 (Cth), s 9(1)
1. Jurisdiction
2. › Federal jurisdiction
3. › Special federal matters
4. › Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), s 3(1), s 6
5. › Obligation to notify Attorneys General under s 6(4)
6. › Whether non-compliance renders orders void
1. Appeal
2. › Leave to appeal
3. › Interlocutory decision
4. › Summary dismissal of proceedings
5. › Whether decision attended with sufficient doubt to warrant reconsideration
6. › Proceedings seeking to compel Governor-General to remove Director-General of Security
7. › No identification of source of legal obligation

Quick Take

The Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), s 4, impliedly repealed s 9 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) to the extent necessary to invest State Supreme Courts with federal jurisdiction in matters otherwise excluded by s 9. The observations of the Full Court of the Federal Court in Re Wilcox; Ex parte Venture Industries Pty Ltd (1996) 66 FCR 511 to the contrary should not be followed. Proceedings involving review of Commonwealth administrative decisions may therefore be commenced in State Supreme Courts, subject to the 'special federal matter' provisions in s 6 of the Cross-Vesting Act.