Krongold v Thurin

(2023) 414 ALR 1; [2023] VSCA 191

Victorian Court of Appeal

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Interrogate

Catchwords

1. Constitutional Law (Cth)
2. › Federal jurisdiction
3. › Victorian Civil and Administrative Tribunal
4. › Tribunal not a court of a State
5. › Inability to exercise federal judicial power
6. › Referral of matter to Supreme Court under VCAT Act, s 77
7. › Whether referral invokes jurisdiction of Supreme Court
8. › Whether constitutional impediment to treating referral as invoking jurisdiction
9. › Constitution, ss 76(ii), 77(ii), 77(iii)
10. › Judiciary Act 1903 (Cth), ss 39, 68, 79
1. Jurisdiction
2. › Victorian Civil and Administrative Tribunal
3. › Referral to Supreme Court
4. › Construction of s 77 of the Victorian Civil and Administrative Tribunal Act 1998
5. › Whether referral transfers proceeding or merely brings subject matter to attention of court
6. › Distinction between 'proceeding' and 'subject matter'
7. › Whether fresh initiating process required after referral
8. › Victorian Civil and Administrative Tribunal Act 1998, s 77
1. Limitation of Actions
2. › Building disputes
3. › Time limits for building actions and plumbing actions
4. › Proceeding commenced in VCAT within limitation period
5. › Referral to Supreme Court after expiry of limitation period
6. › Whether referral constitutes 'bringing' of an action
7. › Building Act 1993 (Vic), ss 134, 134A
1. Jurisdiction
2. › Joinder of parties
3. › VCAT proceeding in federal jurisdiction
4. › Whether VCAT had power to join third parties when matter in federal jurisdiction
5. › Whether joinder order involved invalid exercise of federal judicial power
6. › Whether subsequent participation by joined parties constituted submission to jurisdiction
7. › Whether referral under s 77 could give legal effect to invalid joinder order
8. › Victorian Civil and Administrative Tribunal Act 1998, ss 59, 60, 77

Quick Take

A referral under s 77 of the VCAT Act to the Supreme Court invokes the Court's jurisdiction without the need for any fresh initiating process, and does not constitute the 'bringing' of an action for the purposes of limitation periods in ss 134 and 134A of the Building Act 1993. However, a s 77 referral cannot give legal effect to an invalid exercise of federal judicial power, such as a joinder order made by VCAT in respect of a matter in federal jurisdiction; third parties joined by such an invalid order are not parties to any proceeding in the Supreme Court arising from the referral.