Gordon v Tolcher in his capacity as liquidator of Senafield Pty Ltd (In liquidation)

Courts – Federal jurisdiction in State courts – Proceedings brought in New South Wales District Court – Section 1337E of the Corporations Act 2001 (Cth) ("Corporations Act") conferred federal jurisdiction on "lower courts" in "matters" under the Corporations Act – Section 588FF(3) of the Corporations Act provided for time limits on commencement of actions – Part 3 r 2 of the District Court Rules 1973 (NSW) ("the Rules") authorised extension of time – Whether s 79 of the Judiciary Act 1903 (Cth) "picked up" the provisions of the Rules relating to extension of time – Whether the Corporations Act was a Commonwealth law that "otherwise provided" to prevent the provisions of the Rules relating to extension of time being "picked up".

Limitation of Actions – Proceedings brought under the Corporations Act – Proceedings deemed to be dismissed by Pt 18 r 9 of the Rules – Whether extension of time under Pt 3 r 2 of the Rules valid.

Words and phrases – "otherwise provided", "dismissal", "picked up".

Corporations Act 2001 (Cth) – ss 9, 1337E, 588FF.

District Court Act 1973 (NSW) – ss 8, 161.

District Court Rules 1973 (NSW) – Pt 3 r 2(2), Pt 18 r 9.

Judiciary Act 1903 (Cth) – s 79.