Spencer v Commonwealth of Australia

Practice and procedure – Federal Court of Australia - Summary judgment - Application by respondent to dismiss proceedings summarily under s 31A(2) of Federal Court of Australia Act 1976 (Cth) - Applicant claimed New South Wales legislation, said to be enacted pursuant to informal arrangements with Commonwealth, effected an acquisition of property other than on just terms - Applicant sought declarations that intergovernmental agreements, and Commonwealth legislation authorising them, were invalid under s 51(xxxi) of Constitution - Whether Court could be satisfied applicant had no reasonable prospect of successfully prosecuting proceeding - Effect of ICM Agriculture Pty Ltd v The Commonwealth (2009) 240 CLR 140, delivered after decisions below, on prospects of success.

Statutes – Construction - Summary judgment - "no reasonable prospect".

Words and phrases – "no reasonable prospect".

Federal Court of Australia Act 1976 (Cth) – s 31A.