Re Wakim; Ex parte McNally
Re Wakim; Ex parte Darvall
Re Brown; Ex parte Amann
Spinks v Prentice

[1999] HCA 27
Case number
S74/1998
S107/1998
S118/1998
S140/1998
Before
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Catchwords

Constitutional law – Judicial power of the Commonwealth – Cross-vesting of federal, State and Territory jurisdiction – Whether Chapter III of the Constitution contains an exhaustive delimitation of the original jurisdiction that may be conferred on a federal court.

Constitutional law – State and Commonwealth legislative power – State law vesting State jurisdiction in Federal Court – Whether State has power to confer State jurisdiction on federal courts – Whether Commonwealth has power to consent to conferral of State jurisdiction on federal courts – Doctrine of separation of powers considered.

Constitutional law – Jurisdiction – Territories – Commonwealth law vesting Territory jurisdiction in Federal Court – Whether Commonwealth law applying in Territory is a "law made by the Parliament" for the purposes of Chapter III of the Constitution.

Constitutional law – Interpretation – Whether constitutional validity turns on legislative purpose or intent – Whether constitutional validity turns on legislative consent – Consideration of "co-operative federalism". 

High Court – Stare decisis – Whether equally divided previous decision of Court is binding precedent – Whether necessary to reopen or reconsider previous decision.

High Court – Appeal – Earlier challenge to validity of legislation dismissed – Issue estoppel and res judicata – Whether a party to earlier proceedings or another can reagitate issues decided in earlier proceedings – Whether order of Federal Court finally determined the rights of the parties.

Federal Court of Australia – Jurisdiction – Bankruptcy proceedings – "Matter" – "Accrued jurisdiction" – Whether matter includes non-federal claim – Whether claims arise out of a common substratum of facts.

Corporations – Winding up – Examination orders – Whether Corporations Law purports to confer non-judicial power on federal court.