Frigger v Fti Consulting (Australia) Pty Ltd

[2026] WASC 32

Supreme Court of Western Australia

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Interrogate

Catchwords

1. Practice and Procedure
2. › Cross-vesting
3. › Transfer of proceedings to Federal Court
4. › Special federal matters
5. › Whether claims by discharged bankrupts against employer of bankruptcy trustee for misleading and deceptive conduct arise under the Bankruptcy Act 1966 (Cth)
6. › Whether underlying controversy owes its existence to federal law
7. › Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), s 3, s 6(1)
8. › Judiciary Act 1903 (Cth), s 39B(1A)(c)
1. Practice and Procedure
2. › Cross-vesting
3. › Special reasons to retain proceedings in Supreme Court
4. › Whether special reasons exist under s 6(3)
5. › Relevance of overlap with prior Federal Court proceedings
6. › Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), s 6(3), s 6(6)
1. Bankruptcy
2. › Jurisdiction in bankruptcy
3. › Exclusive jurisdiction of Federal Court
4. › Whether claims pleaded under Australian Consumer Law but challenging trustee's administration constitute matters arising under Bankruptcy Act 1966 (Cth)
5. › Distinction between proceedings calling into question a provision of the Bankruptcy Act and proceedings under or by virtue of that Act
6. › Bankruptcy Act 1966 (Cth), s 27(1), s 30(1), s 58, s 116

Quick Take

Claims by discharged bankrupts against the employer of their bankruptcy trustee, even when pleaded under the Australian Consumer Law, constitute special federal matters requiring transfer to the Federal Court where the underlying controversy concerns the appointment, qualifications, duties, powers and independence of the trustee under the Bankruptcy Act 1966 (Cth).