Practitioner D3 v Council of the Law Society of the ACT

[2018] ACTCA 47

ACT Court of Appeal

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Interrogate

Catchwords

1. Courts and Judicial System
2. › Cross-vesting
3. › Transfer of proceedings to Federal Court
4. › Special federal matter
5. › Whether interpretation of ACT legislation is a matter arising under a law made by the Parliament
6. › Whether ACT Supreme Court would lack jurisdiction apart from cross-vesting legislation
7. › Jurisdiction of Courts (Cross-vesting) Act 1993 (ACT), s 6
8. › Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), s 3
9. › Judiciary Act 1903 (Cth), s 39B(1A)(c)
1. Courts and Judicial System
2. › Cross-vesting
3. › Transfer of proceedings to Federal Court
4. › Whether proceedings arise out of or are related to Federal Court proceedings
5. › More appropriate forum
6. › Distinction from forum non conveniens
7. › Natural and more appropriate forum test
8. › Jurisdiction of Courts (Cross-vesting) Act 1993 (ACT), s 5(1)(b)(i)
1. Constitutional Law (Cth)
2. › Laws made by the Parliament
3. › Whether laws of ACT Legislative Assembly are laws made by the Commonwealth Parliament
4. › Distinction between Commonwealth Parliament and ACT Legislative Assembly
5. › Australian Capital Territory (Self Government) Act 1988 (Cth), ss 7, 22
6. › Constitution, ss 76(ii), 122

Quick Take

Laws enacted by the ACT Legislative Assembly are not laws 'made by the Parliament' within s 39B(1A)(c) of the Judiciary Act 1903 (Cth), even though the ACT Legislative Assembly derives its law-making power from the Australian Capital Territory (Self Government) Act 1988 (Cth). A matter involving interpretation of ACT legislation is therefore not a 'special federal matter' requiring transfer to the Federal Court under cross-vesting legislation, as the ACT Supreme Court has jurisdiction in its own right.