Golding v Australian Crime Commission [2014] FCA 1450

Golding v Australian Crime Commission [2014] FCA 1450

The applicant's claim, being based upon common law rights rather than rights or duties created by federal law, does not come within the jurisdiction conferred by s 39B of the Judiciary Act 1903 (Cth), and thus the matter is beyond the jurisdiction of the Federal Court.

Jurisdiction
Australia
Judgment Date
31 October 2014
Procedural Posture
Originating Application / Application to Amend and Dismissal
Outcome
Application dismissed, leave to amend refused, applicant to pay respondents' costs.
Legal Topics
['federal Court Jurisdiction' 'amendment of Pleadings' 'damages for Breach of Common Law Rights' 'compulsory Examination Under Australian Crime Commission Act']
['practice and Procedure' 'jurisdiction'] ['federal Court Jurisdiction' 'amendment of Pleadings' 'damages for Breach of Common Law Rights' 'compulsory Examination Under Australian Crime Commission Act']

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Procedural Posture

Originating Application / Application to Amend and Dismissal

Legal Issues

  1. 1 ['Whether the Federal Court of Australia has jurisdiction to hear the claim for damages based on purported common law rights arising from a compulsory examination by the ACC' 'Whether leave should be granted to file the proposed amended originating application' 'Whether the proceedings should be dismissed for want of jurisdiction']

Ratio Decidendi

The applicant's claim, being based upon common law rights rather than rights or duties created by federal law, does not come within the jurisdiction conferred by s 39B of the Judiciary Act 1903 (Cth), and thus the matter is beyond the jurisdiction of the Federal Court.

Court Disposition

Application dismissed, leave to amend refused, applicant to pay respondents' costs.

Orders

  • ['Leave to file the proposed amended originating application be refused.' 'The originating application be dismissed.' "The applicant pay the respondents' costs."]