Mobil Oil Australia Pty Ltd v Victoria

Practice and procedure – Group proceedings - Defendant to group proceeding manufactured defective aviation fuel - Group proceeding commenced against manufacturer alleging breach of contract and negligence - Proceeding arose out of the same or similar circumstances and gave rise to a substantial common question of law or fact - Originating process served on manufacturer within the jurisdiction.

Constitutional law – State - Legislative powers of State parliament - Whether statute providing for group proceedings to bind unaware claimants in other States beyond the legislative power of a State parliament - Whether statute offends the territorial limitations of a State parliament.

Constitutional law – Federal - Whether State group proceedings involve the impermissible exercise of the judicial power of the Commonwealth - Whether judgment given in a group proceeding gives rise to a "judgment, decree, order or sentence" within the meaning of s 73 of the Constitution - Whether group proceedings otherwise incompatible with Ch III of the Constitution.

Constitution – s 73.

Constitution Act 1975 (Vic) – ss 16, 75.

Courts and Tribunals Legislation (Miscellaneous Amendments) Act 2000 (Vic) – s 13.

Supreme Court Act 1986 (Vic) – Pt 4A.