Parry v Secretary, Department of Health

In *Parry v Secretary, Department of Health*, the applicant sought to bring proceedings in the original jurisdiction of the High Court of Australia. The dispute concerned matters arising under the *Therapeutic Goods Act 1989* (Cth).

The primary legal issue before Gageler J was whether the matter, which involved significant case management and fact-finding, should be remitted to the Federal Court of Australia, or whether it was suitable to be heard in the High Court's original jurisdiction.

Gageler J reasoned that the extensive factual investigation and case management required for the proceedings made the Federal Court a more appropriate forum. His Honour applied the principles governing remittal under s 44 of the *Judiciary Act 1903* (Cth), considering the nature of the subject matter and the practicalities of litigation.

The Court ordered that the matter be remitted to the Sydney Registry of the Federal Court of Australia, with all steps taken in the High Court to be treated as if they had been taken in the Federal Court. The Registrar was directed to provide relevant documents to the Federal Court, and costs were to be costs in the Federal Court proceedings.