Commonwealth Jurisdiction Flashcards
(21 cards)
What section of the Federal Court Act vests jurisdiction in the Federal Court?
s19(1) of Fed Court Act
This section outlines the jurisdictional powers of the Federal Court as granted by laws made in Parliament.
What does Section 39B(1A(c) of the Judiciary Act provide for the Federal Court?
Jurisdiction over matters arising under laws made by Commonwealth
This section highlights the Federal Court’s authority to address cases involving Commonwealth laws.
In the case of Fencott v Muller, what is defined as a matter?
Any justiciable controversy
A matter is more than just a cause of action; it encompasses any legal dispute that can be adjudicated.
What is sufficient for the Federal Court to have jurisdiction according to Felton v Mulligan?
A question under Commonwealth Law to be determined
The Commonwealth law does not need to create the right; the existence of a question is enough.
What case determined that the Federal Court can decide the whole matter even if only part is based on Commonwealth Law?
Philip Morris Inv v Adam P Brown
This case established that the Federal Court has the authority to address entire cases involving Commonwealth Law.
What prevails over State Law according to sections 79 and 80 of the Judiciary Act?
Commonwealth Law
These sections assert the supremacy of Commonwealth legislation over state laws.
What types of relief can the Federal Court award?
Declaratory relief
The Federal Court has extensive powers to provide various forms of relief, including declaratory judgments.
Under what condition can the Federal Court deal with matters without an oral hearing?
If the matter is frivolous or vexatious and no issue of fact is relevant for determination
This provision allows for efficiency in handling cases that do not warrant a full hearing.
What does Section 37M of the FCA correspond to?
r5 of UCPR
This section outlines the overarching purpose of civil procedure, ensuring just and efficient resolution of disputes.
What is the purpose of the Docket System in the Federal Court?
To assign a judge for the management of the proceedings to trial
This system emphasizes continuous judicial involvement from start to finish of a case.
What must happen after an Originating Application is filed?
First directions hearing is scheduled
This is a procedural step to manage the progress of the case.
What is required in the Genuine Steps Statement according to Rule 8.02?
It must be in accordance with Form 16 for the Applicant
This statement is necessary in civil proceedings to demonstrate attempts at resolving issues before litigation.
What is the time frame for serving an Originating Application before the first hearing?
5 days
Timely service is critical to ensure all parties are prepared for the hearing.
What must a lawyer certify according to Rule 16.01?
Proper basis for each allegation
This ensures that all claims made in pleadings are substantiated and credible.
What is the standard for pleadings according to Rule 16.02?
Must be brief as permissible and state material facts, not evidence
Pleadings should focus on essential facts without unnecessary detail.
What happens if a party fails to comply with a court direction?
Court can make any order or direction it thinks appropriate
This empowers the court to enforce compliance and manage proceedings effectively.
What is the purpose of the Interlocutory Applications under Part 17?
To file a Form 35, but can be done orally at hearing
These applications are procedural requests made during the course of litigation.
What does Rule 20.11 state regarding applications for discovery?
Should promote the overarching purpose of just resolution quickly, inexpensively, and efficiently
This rule emphasizes the need for discovery requests to be relevant and purposeful in advancing the case.
What are the circumstances under Rule 26.01(1) for Summary Judgment?
- No reasonable prospects of successful prosecution
- Frivolous or vexatious
- No cause of action disclosed
- Abuse of process
- No prospect of successfully defending the proceeding
Summary judgment can terminate proceedings that do not meet these criteria.
What is required of an affidavit according to Part 29?
Form 59 and a table of contents if more than ten pages
This ensures that affidavits are properly organized and accessible for review.
What does Rule 29.09 state about cross-examining a person making an affidavit?
They can be cross-examined if notice is given for their attendance
Failure to attend means the affidavit cannot be used, ensuring accountability in the testimony.
