Hanssen Pty Ltd v Owners of Strata Plan 58161

• 1. Constitutional Law (Cth)
  2. › Judicial power of Commonwealth
  3. › Federal jurisdiction
  4. › Matters arising under laws made by Parliament
  5. › Whether mere incorporation of party under Corporations Act 2001 (Cth) sufficient to characterise dispute as matter arising under that Act
  6. › Whether rights in issue depend on federal law for enforcement
  7. › Constitution, s 76(ii)
• 1. Constitutional Law (Cth)
  2. › Judicial power of Commonwealth
  3. › Federal jurisdiction
  4. › Matters arising under Constitution or involving its interpretation
  5. › Distinction between substantive controversies and jurisdictional controversies
  6. › Whether genuinely raised constitutional submission about jurisdiction of tribunal characterises whole substantive matter as matter arising under Constitution
  7. › Whether jurisdictional controversy about authority to adjudicate is separate from substantive controversy
  8. › Constitution, s 76(i)
• 1. Constitutional Law (Cth)
  2. › Judicial power of Commonwealth
  3. › State tribunals
  4. › Whether State Administrative Tribunal is court of a State
  5. › Whether State Parliament may confer judicial power in matters identified in ss 75 and 76 of Constitution on body other than court of State
  6. › Constitution, ss 75, 76, 77(iii)
• 1. Constitutional Law (Cth)
  2. › Judicial power
  3. › Characterisation of power as judicial or administrative
  4. › Building Commissioner's power to make remedial order
  5. › Whether remedial order not enforceable as judgment of court involves exercise of judicial power
  6. › Building Services (Complaint Resolution and Administration) Act 2011 (WA), s 37

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