Gould v Brown

[1998] HCA 6
Judgment date
Case number
S204/1996
Before
Brennan CJ, Toohey, Gaudron, McHugh, Gummow, Kirby JJ
Catchwords

Constitutional law - Cross-vesting of federal, State and Territory jurisdiction - State law vesting jurisdiction in Federal Court to order winding-up of company - Whether State has power to confer State jurisdiction on federal courts - Federal law enabling Federal Court to accept vesting of State jurisdiction under State law - Validity of laws - Whether Ch III of the Constitution excludes the vesting of State jurisdiction in federal courts - Conditions under which State jurisdiction may be vested in federal courts.


Constitutional law - Issue of examination orders and examinations summons pursuant to Corporations Law - Validity - Whether exercises of judicial power.


The Constitution, s 51(xxxviii), Ch III, ss 107, 109, 122


Australia Act 1986 (Cth)


Colonial Laws Validity Act 1865 (Imp)


Companies Act 1961 (NSW)


Corporations Act 1989 (Cth), s 56(2)


Corporations Law, ss 596A, 596B


Corporations (New South Wales) Act 1990 (NSW), s 42(3)


Corporations (Victoria) Act 1990 (Vic), s 42(3)


Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth)