Collier & Anor v Chief Executive Officer and Director-General of the Department of Child Safety Queensland & Anor [2009] NSWSC 229

Collier & Anor v Chief Executive Officer and Director-General of the Department of Child Safety Queensland & Anor [2009] NSWSC 229

The NSW Supreme Court has no jurisdiction to transfer proceedings from the Queensland Court of Appeal under s 5(2)(b) of the Jurisdiction of Courts (Cross-vesting) Act; as only the Supreme Court of Queensland can exercise that power, the application is dismissed.

Parties
First Plaintiff: Robert John Collier; Second Plaintiff: Marion Louise Collier; First Defendant: Chief Executive Officer and Director-General of the Department of Child Safety Queensland; Second Defendant: Damien Carter
Jurisdiction
Australia
Judgment Date
26 March 2009
Procedural Posture
Application / Judgment on Summons to Transfer Proceedings to NSW Supreme Court
Outcome
Summons dismissed with costs.
Legal Topics
Cross Vesting of Jurisdiction, Jurisdiction, Transfer of Proceedings
Civil Procedure Cross Vesting of Jurisdiction Jurisdiction Transfer of Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Robert John Collier

First Plaintiff

Marion Louise Collier

Second Plaintiff

Chief Executive Officer and Director-General of the Department of Child Safety Queensland

First Defendant

Damien Carter

Second Defendant

Procedural Posture

Application / Judgment on Summons to Transfer Proceedings to NSW Supreme Court

Legal Issues

  1. 1 Whether the NSW Supreme Court has jurisdiction under s 5(2)(b) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) to transfer proceedings from the Queensland Court of Appeal to itself
  2. 2 Whether s 117 of the Constitution provides jurisdiction to the NSW Supreme Court

Ratio Decidendi

The NSW Supreme Court has no jurisdiction to transfer proceedings from the Queensland Court of Appeal under s 5(2)(b) of the Jurisdiction of Courts (Cross-vesting) Act; as only the Supreme Court of Queensland can exercise that power, the application is dismissed.

Court Disposition

Summons dismissed with costs.

Orders

  • Plaintiffs to pay First Defendant's costs of the proceedings on the party/party basis.
  • Plaintiffs to pay Second Defendant's costs of the proceedings on the indemnity basis.