Attorney-General for the State Of Victoria v Director Of Consumer Affairs Victoria & Ors

[2024] HCASL 319

ATTORNEY-GENERAL FOR THE STATE OF VICTORIA

v

DIRECTOR OF CONSUMER AFFAIRS VICTORIA & ORS

[2024] HCASL 319
M75/2024

1. This is an application for an order under s 40 of the Judiciary Act 1903 (Cth) removing the whole of a cause now pending in the Supreme Court of Victoria, being proceeding number S ECI 2023 02355. The applicant also seeks an order under s 44(2) of the Judiciary Act that the matter be remitted to the Supreme Court of Victoria. The purpose of the orders sought is to avoid a dispute as to the jurisdiction of the Supreme Court of Victoria to hear and determine the proceeding. The proceeding concerns a statutory charge over land formerly used as a retirement village under the Retirement Villages Act 1986 (Vic) and includes questions arising under the Constitution or involving its interpretation. In the circumstances, it is appropriate to make the orders sought.

2. Pursuant to s 40(1) of the Judiciary Act, the whole of the cause now pending in the Supreme Court of Victoria, which is proceeding number S ECI 2023 02355, be removed into this Court.

3. Pursuant to s 44(2) of the Judiciary Act, the matter be remitted to the Supreme Court of Victoria.

4. There be no order as to costs.

   Gageler CJ
   Gordon J
   Edelman J
   Steward J 
   Gleeson J
   Jagot J
   Beech-Jones J

   5 December 2024