FEDERAL COURT OF AUSTRALIA
O'Neill v Mann [2000] FCA 1180
CONSTITUTIONAL LAW - original jurisdiction of the Federal Court of Australia - common law matters in the Australian Capital Territory - defamation proceeding cross-vested from ACT Supreme Court to Federal Court - motion to have proceeding permanently stayed for want of jurisdiction - whether Cross-Vesting (Jurisdiction of Courts) Act 1987 (Cth) invalid to extent it purports to invest Federal Court with jurisdiction to entertain defamation action - Chapter III of the Constitution - Re Wakim; Ex parte McNally (1999) 163 ALR 270.
COURTS AND JUDICIAL SYSTEM - Federal Court of Australia - original jurisdiction - jurisdiction to entertain common law matters arising in the ACT - s 122 of the Constitution.
WORDS AND PHRASES - "matter", "arising under".
Constitution, s 51, s 76(ii), s 77(i), s 122
Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), s 4, s 4(2), s 4(3), s 5, s 5(1), s 6(1), s 9, s 9(2)
Judiciary Act 1903 (Cth), s 30B, s 39B, s 39B(1A)(c), s 78B
Seat of Government Acceptance Act 1909 (Cth), s 6, s 6(1)
Seat of Government (Administration) Act 1910 (Cth), s 3, s 4
Australian Capital Territory (Self-Government) Act 1988 (Cth)
Supreme Court Act 1933 (ACT)
Law and Justice Legislation Amendment Act 1997 (Cth), Sched 12
Jurisdiction of Courts Legislation Amendment Act 2000 (Cth), Sched 1 cll 61-69
Acts Interpretation Act 1901 (Cth), s 8Federal Court Rules, O 22 r 2, O 62 r 3(3)
Re Wakim; Ex parte McNally (1999) 163 ALR 270 referred
Federal Capital Commission v Laristan Building and Investment Co Pty Ltd (1929) 42 CLR 582 followed
Eastman v R (2000) 172 ALR 39 discussed
O'Neill v Mann (1994) 49 FCR 370 referred
O'Neill v Mann (1994) 54 FCR 212 referred
Mann v O'Neill (1997) 191 CLR 204 quoted
Federated Engine-Drivers and Firemen's Association of Australasia v Broken Hill Proprietary Co Ltd (1911) 12 CLR 398 referred
Hooper v Kirella (1999) 96 FCR 1 referredFencott v Muller (1982) 152 CLR 570 referred
Abebe v Commonwealth of Australia (1999) 197 CLR 510 referred
Northern Territory of Australia v GPAO (1999) 161 ALR 318 discussed
R v Commonwealth Court of Conciliation and Arbitration; Ex parte Barrett (1945) 70 CLR 141 quoted
Kruger v Commonwealth of Australia (1997) 190 CLR 1 referred
Berwick Ltd v Gray (1976) 133 CLR 603 referred
Spinks v Prentice (1999) 163 ALR 270 referredBateman Project Engineering Pty Ltd v Pegasus Gold Australia Pty Ltd (Full Court, Supreme Court of the Northern Territory, 6 June 2000) referred
Re Governor, Goulburn Correctional Centre, Goulburn; Ex parte Eastman (1999) 165 ALR 171 referred
Buchanan v The Commonwealth (1913) 16 CLR 315 referred
Anderson v Eric Anderson Radio & TV Pty Ltd (1965) 114 CLR 20 mentioned
In the Matter of an Application under the Aboriginal and Torres Strait Islander Commission Act 1989 [2000] FCA 975 referredJAMES JOSEPH O'NEILL v ARNOLD MANN
ACT G15 of 1994, ACT G29 of 1994FINN J
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- AGLC
- O'Neill v Mann [2000] FCA 1180
- Case
- [2000] FCA 1180
- Decision Date
CaseChat Overview and Summary
The Federal Court found that the defamation claim arose under Commonwealth law, which gave it original jurisdiction to hear the case. The court held that the applicable defamation law in the ACT was derived from the Seat of Government Acceptance Act 1909 and the Seat of Government (Administration) Act 1910, which continued the laws of New South Wales in the ACT. The court found that the Defamation Act 1901 (NSW) and the Defamation (Amendment) Act 1909 (NSW) were continued in force in the ACT and were applicable to the defamation claim. The court also found that the Cross-Vesting Act provided for the enforcement of the rights and obligations of the parties to the alleged defamation in the ACT, which was a law of the Parliament under which the matter arose. The court concluded that the Federal Court had original jurisdiction to hear the defamation claim under s 77(i) of the Constitution.
ORDERS:
1. The motion of 26 November 1999 be dismissed.
Orders
Orders of the court
1. the motion of 26 November 1999 be dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: FINN J
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