DLS Portal Maintenance Outage September 2025

The DLS Portal will be offline for maintenance and upgrades from 6.00pm (AEST) Friday, 12 September 2025 to 8.00am (AEST) Monday, 15 September 2025.

CGU Insurance Limited v Blakeley

[2016] HCA 2
Judgment date
Case number
M221/2015
Before
French CJ, Kiefel, Bell, Keane, Nettle JJ
Catchwords

Procedure – Joinder of third parties – Where liquidators of company brought action in Supreme Court of Victoria against company directors for order under s 588M(2) of Corporations Act 2001 (Cth) – Where liquidators sought to join third party insurer after directors' claim for professional indemnity rejected – Where directors not in position to challenge denial of liability under contract of insurance – Whether Supreme Court had jurisdiction to join third party insurer and grant declaratory relief in relation to private insurance contract between directors and third party insurer.

Jurisdiction – Federal jurisdiction – Meaning of matter – Meaning of justiciable controversy.

Words and phrases – "declaratory relief", "federal jurisdiction", "joinder", "justiciable controversy", "matter", "privity", "real interest".

Constitution – s 76(ii).

Bankruptcy Act 1966 (Cth) – s 117.

Corporations Act 2001 (Cth) – ss 562, 588G, 588M(2).

Judiciary Act 1903 (Cth) – ss 39(2), 79.

Supreme Court Act 1986 (Vic) – s 36.

Supreme Court (General Civil Procedure) Rules 2005 (Vic) – r 9.06.

Files
2.rtf (437.41 KB)
2.pdf (348.03 KB)