Practitioner D3 v Council of the Law Society of the Australian Capital Territory

Practitioner D3 applied to the Supreme Court of the Australian Capital Territory for orders to transfer proceedings to the Federal Court of Australia under sections 5 and 6 of the *Jurisdiction of Courts (Cross-Vesting) Act 1993* (ACT). The Council of the Law Society of the Australian Capital Territory was the respondent. The core of the dispute concerned whether the proceedings qualified as a "special federal matter" for the purposes of section 6 of the Act, and whether the Federal Court was a more appropriate forum under section 5.

The Court was required to determine two primary legal issues. First, whether the proceedings involved a "special federal matter" as defined by the *Jurisdiction of Courts (Cross-Vesting) Act 1993* (ACT), specifically considering whether the interpretation of Australian Capital Territory legislation constituted a matter "arising under a law made by the Parliament" for the purposes of section 39B(1A)(c) of the *Judiciary Act 1903* (Cth). Second, the Court had to consider whether the proceedings "arise out of, or is related to" existing proceedings in the Federal Court, and if so, whether the Federal Court was the more appropriate forum for their determination.

The Chief Justice, Murrell CJ, dismissed the application. The reasoning focused on the interpretation of "special federal matter" and the criteria for transfer under the cross-vesting legislation. The Court found that the proceedings did not meet the threshold for a special federal matter, nor was it satisfied that the Federal Court was the more appropriate forum. The Court therefore declined to order a transfer of the proceedings.