Moore v Commonwealth Director of Public Prosecutions

The applicant, Moore, sought leave to appeal against a summary dismissal of proceedings by Chen J in the Supreme Court of New South Wales. The respondent was the Commonwealth Director of Public Prosecutions. The core of the dispute concerned the jurisdiction of the Supreme Court to hear the applicant's original claim, which involved a challenge to a decision made by the Commonwealth Director of Public Prosecutions.

The primary legal issue before the Court of Appeal was whether the Supreme Court of New South Wales had possessed the necessary federal jurisdiction to entertain the applicant's original claim. This question turned on the interpretation of provisions within the *Judiciary Act 1903* (Cth) and the *Jurisdiction of Courts (Cross-vesting) Act 1987* (Cth), specifically whether the matter constituted a "special federal matter" and if there was any alternative conferral of jurisdiction under the *Administrative Decisions (Judicial Review) Act 1977* (Cth).

The Court of Appeal determined that the Supreme Court had not been conferred with federal jurisdiction in relation to the applicant's claim. It reasoned that the matter did not fall within the definition of a "special federal matter" as contemplated by the relevant legislation, nor was there any other basis for the Supreme Court to exercise federal jurisdiction. Consequently, the Court dismissed the summons seeking leave to appeal, ordering that the applicant pay the respondent's costs, with the exception of costs related to the jurisdictional issue, which each party was to bear. The Court also directed the Commonwealth Director of Public Prosecutions to notify the Commonwealth and NSW Attorneys-General of the judgment and reasons, granting them liberty to apply to be heard concerning the operation of s 6(3) of the *Jurisdiction of Courts (Cross-vesting) Act 1987* (Cth).