Karlsson v Griffith University

The applicant, Karlsson, sought leave to appeal to the Court of Appeal from a decision of the Common Law Division. The respondent was Griffith University. The dispute concerned an appeal that arose under the *Trade Marks Act 1995* (Cth).

The central legal issue before the Court of Appeal was whether it possessed jurisdiction to hear the appeal. This involved determining the applicability of section 7(5) of the *Jurisdiction of Courts (Cross-vesting) Act 1987* (Cth), which prohibits the institution and determination of certain appeals other than in a federal court, and whether the appeal involved a matter arising under the *Trade Marks Act*.

The Court of Appeal reasoned that section 7(5) of the *Jurisdiction of Courts (Cross-vesting) Act* was a bar to its jurisdiction in this instance. It concluded that the appeal was one that could not be instituted or determined by a State Supreme Court, and therefore, the Court of Appeal lacked the necessary jurisdiction to entertain the application for leave to appeal.

Consequently, the summons seeking leave to appeal was dismissed for want of jurisdiction.