Wilson v Chan & Naylor Parramatta Pty Ltd

• 1. Constitutional Law (Cth)
  2. › Judicial power of Commonwealth
  3. › State tribunals
  4. › Jurisdiction to determine own jurisdiction
  5. › Whether determination by State tribunal of its lack of federal jurisdiction is an exercise of judicial power of the Commonwealth
  6. › Whether anterior jurisdiction to determine authority to decide
  7. › Constitution, Ch III, ss 71, 76
• 1. Constitutional Law (Cth)
  2. › Judicial power of Commonwealth
  3. › State tribunals
  4. › Power to order costs
  5. › Whether State legislative competence extends to conferring power on tribunal to award costs consequential on dismissal for want of federal jurisdiction
  6. › Whether costs power confined to costs of jurisdictional issue or extends to all costs of proceedings
  7. › Civil and Administrative Tribunal Act 2013 (NSW), ss 4, 29, 32, 60
• 1. Practice and Procedure
  2. › Costs
  3. › Tribunal proceedings dismissed for want of jurisdiction
  4. › Scope of power to award costs where tribunal lacks federal jurisdiction
  5. › Whether costs order extends beyond costs of and incidental to jurisdictional determination

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