Gould v Day

Gould brought proceedings against Day seeking damages for defamation. Day applied to the Federal Court to have the proceedings removed from the Federal Court to the Supreme Court of Victoria. Gould opposed the application on the basis that the Federal Court had jurisdiction over the matter. Day submitted that the Federal Court was without jurisdiction to hear the matter as it was a state-based defamation case. The court was required to determine whether the Federal Court had jurisdiction to hear the defamation claim. In considering this, the court found that the Federal Court did have jurisdiction to hear the case, given that the Federal Court Act conferred jurisdiction on the Federal Court to hear matters involving defamation that have a federal element. The court also noted that the defamation claim had a federal element as it involved the publication of statements that were defamatory in interstate and international commerce. Consequently, the court dismissed Day’s application to transfer the matter to the Supreme Court of Victoria and held that the Federal Court had jurisdiction to hear the defamation claim. The court dismissed Day’s application to transfer the matter and held that the Federal Court had jurisdiction to hear the defamation claim.