Jin v Commissioner of Australian Federal Police [2020] NSWSC 1283

Jin v Commissioner of Australian Federal Police [2020] NSWSC 1283

The decision under review is of an administrative character made pursuant to a Commonwealth Act and falls for review under the Administrative Decisions (Judicial Review) Act; therefore the Supreme Court does not have jurisdiction and the matter must be transferred to the Federal Court of Australia as required by s 6(1) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW).

Jurisdiction
Australia
Judgment Date
21 September 2020
Procedural Posture
Civil Procedure – Judicial Review / Notice of Motion for Transfer
Outcome
Proceedings transferred to Federal Court of Australia
Legal Topics
['cross Vesting' 'transfer of Proceedings' 'jurisdictional Limitation' 'special Federal Matter' 'judicial Review Under Administrative Decisions (judicial Review) Act']
['administrative Law' 'civil Procedure'] ['cross Vesting' 'transfer of Proceedings' 'jurisdictional Limitation' 'special Federal Matter' 'judicial Review Under Administrative Decisions (judicial Review) Act']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Procedure – Judicial Review / Notice of Motion for Transfer

Legal Issues

  1. 1 ['Whether the Supreme Court of NSW has jurisdiction to review an administrative decision made pursuant to Commonwealth legislation' 'Whether the proceeding should be transferred to the Federal Court of Australia as a special federal matter']

Ratio Decidendi

The decision under review is of an administrative character made pursuant to a Commonwealth Act and falls for review under the Administrative Decisions (Judicial Review) Act; therefore the Supreme Court does not have jurisdiction and the matter must be transferred to the Federal Court of Australia as required by s 6(1) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW).

Court Disposition

Proceedings transferred to Federal Court of Australia

Orders

  • ['Pursuant to s 6(1) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW), this proceeding is transferred to the Federal Court of Australia.' 'The costs of this notice of motion are to be costs in the cause.']