TOPIC THREE: JURISDICTION

In order for [plaintiff] to bring their case, it must show that the court has

both subject matter jurisdiction and territorial jurisdiction.

Participants in litigation

Federal system (& VCAT): ‘applicant’ & ‘respondent’.
Appeals: (State & Federal) ‘appellant’ & ‘respondent’.
Victorian courts: ‘plaintiff’ & ‘defendant’.

1. Subject matter jurisdiction (refers to nature of the disputes which may be adjudicated on by the particular court)

a) Victorian Courts

i. VCAT

Jurisdiction derives from numerous pieces of legislation including:
- Fair Trading Act 1999;
- Residential Tenancies Act 1997;
- Domestic Building Contracts Act 1995;
- Equal Opportunity Act 1995;
- Planning and Environment Act 1987; and
- Guardianship and Administration Act 1986.
Jurisdiction determined by nature of dispute, rather than amount of dispute

Civil Division	Administrative Division	Human Right Division
Civil Claims Credit Domestic Building Owners Corporation Real Property Residential Tenancies Retail Tenancies	General Land valuation Legal Practice Occupational and Business Regulation Planning Environment Taxation	Anti-discrimination Guardianship Health and Privacy Mental Health

Division Human Rights Division

ii. Magistrates Court

Any claim for damages or equitable relief within jurisdictional limit ($100,000): (s100 Magistrates Court Act)
- Excludes prerogative writs and administrative proceedings: (s100(2) Magistrates Court Act)
Claims for debts, damages for breach of contract, damage to property or for injury (e.g. motor car collisions) and limited neighbourhood matters, e.g. fencing disputes.
Specialised (civil law) divisions of the Magistrates’ Court
- Industrial Divisionincludes claims under theLong Service Leave Act1992 and theOccupational Health and Safety Act2004.
- Work cover Division deals with claims for compensation for workplace injuries either under theWorkers Compensation Act1958 or theAccident Compensation Act1985.
- Family Violence Court Criminal & civil jurisdiction (events involving alleged family violence)
- Neighbourhood Justice Division: The court is multi-jurisdictional and sits as a Magistrates Court, a Children’s Court (Criminal Division), Victims of Crime Assistance Tribunal (VOCAT) and the Victorian Civil and Administrative Tribunal (VCAT).

iii. County Court

All claims regardless of relief sought or subject-matter (section 37(1)(a)).
Claims against municipal councils for loss/injury while using roads, land, buildings etc controlled by council (s37(1)(b))
Other areas where jurisdiction conferred by statute e.g. Administration & Probate Act; Property Law Act; Transfer of Land Act; and Adoption Act

Hears appeals from:

the criminal jurisdiction of the Magistrates' Court of Victoria

the orders of magistrates within the criminal and family divisions of the Children's Court.

iv. Supreme Court (BOTH)

Superior court of Victoria with unlimited jurisdictions85(1) Constitution Act (Vic)
85 Powers and jurisdiction of the Court: (1) jurisdiction in or in relation to Victoria its dependencies and the areas adjacent in all cases whatsoever and shall be the superior Court of Victoria with unlimited jurisdiction.

Equity and Commercial
- Admiralty, TAC, Engineering and Construction (TEC), corporations, IP, planning, long cases
- Commercial court: Intensively case managed (The “Green Book”)
- Varying degrees of case management e.g. TEC has a resources conference early in proceedings
Common law
- Major torts: Judge manages interlocutory states until case is ready for trial (then handed to civil list) c.f. criminal list
- Valuation, Compensation and Planning
- Judicial Review and Appeals
- Personal Injury
- Long cases
Inherent Jurisdiction:
- All powers necessary to enable it to act effectively and to control its own proceedings and to prevent obstruction or abuse of process. E.g. making practice directions, making orders for security for costs

Established under the Constitution (Court of Appeal) Act 1994
Hears appeals from Supreme Court and County Court and VCAT and other tribunals
Made up of the SCV Chief Justice, a President and currently 11 judges of appeal.

Division

b) Courts exercising Federal Jurisdiction (have accrued jurisdiction- including the Supreme Court)

i. High Court

Original Jurisdiction

S75 Constitution

Jurisdiction over all matters:

Arising under a treaty
Affecting representatives of other countries Cth or person being sued as a representative if Cth is a party

B/W States; B/W residents of different states or B/W State & resident of another State
Writ of mandamus/prohibition or injunction against officer of Cth

S76 Constitution & s30 Judiciary Act

Matters involving interpretation of the Constitution
Matters arising under any laws made by the Parliament
Matters of admiralty and maritime jurisdiction
Matters relating to the same subject matter claimed under the laws of different states

Exclusive Jurisdiction – NO OTHER COURT CAN RULE

Also includes constitutional interpretation

Appellate Jurisdiction

S35A Judiciary Act

Special leave is required

(a) Proceedings involve a question of law

i. Of public importance; OR

ii. HCA required to resolve differences of opinion between courts as to the state of the law; AND

(b) Interests of the administration of justice requires the HCA to consider the judgment

Process for getting special leave

File a written summary of argument (not to exceed 10 pages)
Appeals can be dismissed on the papers i.e. without any oral hearing.
Get 20 minutes to convince the High Court your case is worthy of consideration.
Success rate of special leave applications is about 6-8%.

S40 Judiciary Act

A party with a case ‘pending’ in a federal court or state court can

apply to HC for an order removing the matter to the HC

Accrued Jursidiction

When a court is dealing with a matter of which it has federal jurisdiction over, that matter extends to the resolution of the whole matter between the parties, whether it is incidental or not.

ii. Federal Court

Family Court, Federal Court & Federal Circuit Court – creature of statue only has the power to deal with those things that are listed in the statute.
- The courts share jurisdictions
Federal Court has no inherent jurisdiction because it is a creature of statute – but incidental jurisdiction based on principles of statutory interpretation (DJL v The Central Authority–a body performing a statutory function has all the powers necessary to perform those functions)

Original jurisdiction

S19(1) Federal Court of Australia Act 1976 (Cth)

Original jurisdiction over those matters which the Cth Parliament has specifically invested. This includes (S 39B Judiciary Act 1903 (Cth)):

Matters in which the Commonwealth is seeking an injunction or declaration
Matters arising under the Constitution or involving its interpretation??
Matters arising under any laws made by the Parliament, other than criminal matters.
Equivalent to the jurisdiction conferred on the HC by s 75(iii)

S39B

The jurisdiction conferred by s39B(1) corresponds with the jurisdiction

conferred on the HC by s75(v) of the Constitution

Appellate Jurisdiction

S24(1) FCA

Can hear appeals from:

a single judge of the FC;
appeals from judgments of a court of a state exercising federal jurisdiction but not full VSCA
Appeals from federal circuit court exercising original jurisdiction under a Federal law other than the Family Law Act

Accrued Jurisdiction: to adjudicate all issues which are ‘part of the dispute’

S22 FCA

Court has jurisdiction to determine the whole of the controversy between the parties, even if some part of the controversy would otherwise be outside of the jurisdiction Fencott v Muller

The Federal Court shall grant all remedies so that all matters in the controversy between the parties may be completely and finally determined and multiplicity of proceedings avoided. Fencott v Muller

‘matters’ broad definition – any action arising from same facts or transaction.
The ‘state’ part of the action is non severable from the Fed part of the action. Determination of one essential for the other Phillip Morris
Look for common transactions and facts Fencott v Muller notwithstanding that the facts upon which the claims depend ‘do not wholly coincide’.

Associated Jurisdiction: to adjudicate all matters arising out of Federal Acts (even if not specifically allowed for under the particular Federal Act)

S32(1) FCA	Matters which are not otherwise within its jurisdiction, that are associated with matters in which the jurisdiction of the court is invoked. Must both be federal claims Must arise out of facts substantially the same or closely connected. May include matters that are disparate from one another and thus doesn’t fall under accrued jurisdiction. Phillip Morris
Although at one time an important source of additional jurisdiction for the Federal Court, the enactment of s 39 has greatly diminished the significance of associate jurisdiction.

ii. Invested...

#7381 - Topic Three Jurisdiction - Civil Procedure

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