Meringnage v Interstate Enterprises Pty Ltd

(2020) 60 VR 361; [2020] VSCA 30

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Interrogate

Catchwords

1. Constitutional Law (Cth)
2. › Chapter III
3. › Courts of a State
4. › Whether Victorian Civil and Administrative Tribunal is a 'court of a State' within meaning of s 77(iii)
5. › Institutional independence and impartiality
6. › Fixed-term appointments with executive reappointment
7. › Composition of tribunal — predominantly non-judicial members
8. › Constitution, ss 71, 75(iii), 77(iii)
1. Constitutional Law (Cth)
2. › Chapter III
3. › Federal jurisdiction
4. › Negative implication from Chapter III
5. › Whether State tribunal not being a court of a State may exercise State judicial power in matters within ss 75 and 76
6. › Whether proceeding involving Commonwealth as party is a 'matter' within s 75(iii)
7. › Whether forum-driven understanding of 'matter' should be adopted
8. › Burns v Corbett implication
9. › Constitution, ss 75, 76, 77(iii)
10. › Judiciary Act 1903 (Cth), s 39
1. Constitutional Law (Cth)
2. › Chapter III
3. › Judicial power
4. › Whether grant of relief under s 125 of Equal Opportunity Act 2010 (Vic) involves exercise of judicial power
5. › Determination of statutory contravention
6. › Curial enforceability of orders
7. › Equal Opportunity Act 2010 (Vic), s 125
1. Administrative Law
2. › Tribunals
3. › Victorian Civil and Administrative Tribunal
4. › Status as court of a State
5. › Organisational features
6. › Designation
7. › Composition
8. › Tenure
9. › Remuneration
10. › Removal
11. › Functions and powers
12. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), ss 8, 96

Quick Take

Practitioners bringing claims against the Commonwealth in VCAT must now commence proceedings in a court of competent jurisdiction instead, as VCAT cannot exercise judicial power in any matter in which the Commonwealth is a party.