Malecki v Macko [2022] FCA 766

Malecki v Macko [2022] FCA 766

A non-colourable assertion that a publication relevant to the claim was read in the Australian Capital Territory is sufficient to attract federal jurisdiction. Jurisdiction is established regardless of whether the publication did, in fact, occur in the ACT.

Jurisdiction
Australia
Judgment Date
05 July 2022
Procedural Posture
Defamation, Damages Claim / Decision on Jurisdiction
Outcome
Jurisdiction established
Legal Topics
['court Jurisdiction' 'corporations Act' 'publication of Defamatory Matter']
['federal Jurisdiction' 'defamation'] ['court Jurisdiction' 'corporations Act' 'publication of Defamatory Matter']

Case Brief

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Procedural Posture

Defamation, Damages Claim / Decision on Jurisdiction

Legal Issues

  1. 1 ["Whether the Federal Court has jurisdiction to hear and determine the applicants' claim for damages for publication of defamatory matter" 'Whether jurisdiction is established by alleged publication to the AFCA read in the Australian Capital Territory' 'Whether corporate status of parties provides an alternative basis for jurisdiction']

Ratio Decidendi

A non-colourable assertion that a publication relevant to the claim was read in the Australian Capital Territory is sufficient to attract federal jurisdiction. Jurisdiction is established regardless of whether the publication did, in fact, occur in the ACT.

Court Disposition

Jurisdiction established

Orders

  • ['The Court has jurisdiction to hear and determine this proceeding.']