FEDERAL MAGISTRATES COURT OF AUSTRALIA
| WALKER v LIFESPAN FINANCIAL PLANNING & ORS | [2003] FMCA 519 |
| TRADE PRACTICES – Jurisdiction – whether s.51AF of the Trade Practices Act applies – whether claim relates to “financial services”. |
Trade Practices Act 1974, ss.4, 47(6), 51AF, 51AF(2), 52, 86
Corporations Act, s.995
Federal Magistrates Court Act 1999, ss.10, 18, 39
Australian Securities and Investment Commission Act 1989, s.12BA(1)
Corporations Law 2000, s.92
Johnson Tiles Pty Ltd v Esso Australia Ltd (2000) FCA 1572
Queensland Aggregates Pty Ltd v Trade Practices Commission (1981-82) 38 ALR 217
Henderson v Pioneer Homes Pty Ltd (1979‑80) 29 ALR 597
Cleary v Australian Cooperative Foods (No 2) (1999) NSWSC 991 (12 October 1999).
Carlton and United Breweries v Castlemaine Tooheys Ltd (1986) 161 CLR 543
McIntosh v National Australia Bank Ltd (1988) 80 ALR 47
Elna v International Computers (1987) 75 ALR 271
Stack v Coast Securities (No 9) Pty Ltd (1983) 49 ALR 193
Mahoney v AGD Mining Ltd and Ors (2002) FMCA 237
| Applicant: | HELEN PATRICIA WALKER |
| Respondents: | LIFESPAN FINANCIAL PLANNING PTY LTD, DAINBRIDGE SERVICES PTY LTD and JAMES BUCHANNON BLAIR |
| File No: | MZ 787 of 2003 |
| Delivered on: | 19 November 2003 |
| Delivered at: | Melbourne |
| Hearing Date: | 6 November 2003 |
| Judgment of: | McInnis FM |
REPRESENTATION
| Counsel for the Applicant: | Mr R. Moore |
| Solicitors for the Applicant: | D.G. Skinner and Associates |
| Counsel for the Respondents: | Mr D. Bailey |
| Solicitors for the Respondents: | Minter Ellison |
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT MELBOURNE |
MZ 787 of 2003
| HELEN PATRICIA WALKER |
Applicant
and
| LIFESPAN FINANCIAL PLANNING PTY LTD, DAINBRIDGE SERVICES PTY LTD and JAMES BUCHANNON BLAIR |
Respondents
REASONS FOR JUDGMENT
In this application a preliminary issue has arisen in relation to the jurisdiction of the Federal Magistrates Court to hear and determine the application. The application seeks damages for what is alleged to be breach of, amongst other matters, s.52 of the Trade Practices Act 1974 (the Act). The application filed on 22 July 2003 was accompanied by a statement of claim and an affidavit of the applicant sworn 27 June 2003. The matter came before the court on 15 September 2003 and on that date it was made clear by the respondents that an application would be made in relation to jurisdiction, and hence the court made orders that the parties file and serve an outline of submissions and list of authorities and otherwise fixed the jurisdiction issue for hearing.
The respondents, in addition to relying upon an outline of submissions, have also sought to rely upon an affidavit of Sheena Leibowitz sworn 26 September 2003. The parties, in addition to adopting an outline of submissions made oral submissions. It is appropriate to briefly set out the nature of the claim as pleaded and to note the background information which is set out in the affidavit of the applicant in support to which I have referred.
It does not seem to be an issue that the applicant in 1996 suffered what is described as severe…
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- AGLC
- Walker v Lifespan Financial Planning [2003] FMCA 519
- Case
- [2003] FMCA 519
- Decision Date
CaseChat Overview and Summary
The court found that the central issue in the proceeding was the advice given by the respondents for the applicant to enter into the margin loan contract and whether the respondents breached their agreement to provide continuing professional care and assistance to the applicant. The court held that the claim did not fall within the definition of financial services and that the court did have jurisdiction to hear and determine the application as pleaded. The application by the respondents to dismiss the substantive application for want of jurisdiction was dismissed, and the respondents were ordered to pay the applicant's costs of and incidental to this preliminary application.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
Legal Principle Established
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