Semmens v Calaby & Ors; Robertson v Calaby

In *Semmens v Calaby & Ors* and *Robertson v Calaby*, the High Court of Australia considered applications to strike out statements of claim filed by Mr. Semmens and Mr. Robertson. The defendants, comprising individuals and the Commonwealth of Australia, sought to have the claims dismissed on the grounds that they did not disclose a cause of action. The proceedings were heard together by consent of all parties.

The primary legal issue before the Court was whether the statements of claim, as presented, disclosed a valid cause of action. Ancillary to this, the Court was required to determine the appropriate forum for the proceedings should they not be struck out, with consideration given to remitting the matters to either the Supreme Court of South Australia or the Federal Court of Australia.

The Court indicated that it had reviewed the filed documents and was inclined to grant the application to strike out. However, it also considered that if the application were to be treated as one for final determination, the matters should be remitted to a lower court. Counsel for the defendants submitted that the Supreme Court of South Australia was the appropriate forum, noting that the cause of action appeared to have arisen in South Australia. Mr. Robertson and Mr. Semmens opposed remittal to the Supreme Court of South Australia, preferring the Federal Court, with a view to transfer to Sydney or Canberra.