Spencer v Commonwealth of Australia (No 2) [2017] FCAFC 38

Spencer v Commonwealth of Australia (No 2) [2017] FCAFC 38

The Full Court has no jurisdiction to hear and determine an appeal from interlocutory judgments of a single judge exercising the appellate jurisdiction of the Court, as such jurisdiction is not conferred by the Federal Court of Australia Act 1976 or any other Act.

Jurisdiction
Australia
Judgment Date
27 February 2017
Procedural Posture
Application for Leave to Appeal (interlocutory) / Application for Leave to Appeal in Full Court
Outcome
Application dismissed
Legal Topics
['appellate Jurisdiction' 'leave to Appeal' 'interlocutory Orders' 'jurisdiction of Federal Court']
['practice and Procedure'] ['appellate Jurisdiction' 'leave to Appeal' 'interlocutory Orders' 'jurisdiction of Federal Court']

Case Brief

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Procedural Posture

Application for Leave to Appeal (interlocutory) / Application for Leave to Appeal in Full Court

Legal Issues

  1. 1 ['Whether a single judge exercised appellate or original jurisdiction in making the interlocutory orders' 'Whether the Federal Court has jurisdiction to hear and determine the proposed appeal against interlocutory judgments of a single judge in appellate proceedings']

Ratio Decidendi

The Full Court has no jurisdiction to hear and determine an appeal from interlocutory judgments of a single judge exercising the appellate jurisdiction of the Court, as such jurisdiction is not conferred by the Federal Court of Australia Act 1976 or any other Act.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.' "The applicant pay the respondents' costs of the application."]