Abstract

If one substantive issue in a proceeding is within the Court's jurisdiction, the whole matteris within it. Ways in which thejurisdiction is enlivened.

Article

It was held in Rana v Google Inc [2017] FCAFC 156; 254 FCR 1 that a matter will arise under a Commonwealth statute in ways which include its creation of a cause of action; reliance upon it as establishing a right to be vindicated; where it is the source of a defence that is asserted; where the subject matter of the controversy owes its existence to it – that is where the claim is in respect of or over a right which owes its existence to federal law; where it is necessary to decide whether a right or duty based on it exists even if that has not been pleaded by the parties, or where a federal issue is raised on the pleadings but it is unnecessary to decide: R v Commonwealth Court of Conciliation and Arbitration; Ex parte Barr [1945] 70 CLR 141 at 154; Felton v Mulligan 124 CLR 367 at 374, 388, 403; Moorgate Tobacco Co Ltd v Philip Morris Ltd [1980] 145 CLR 457 at 476; LNC Industries Ltd v BMW (Aust) Ltd [1983] 151 CLR 575 at 581-582; Re McJannet; Ex parte Australian Workers’ Union of Employees, Queensland [1997] 189 CLR 654 at 656-657; CGU Insurance Ltd v Blakeley [2016] 327 ALR 564; Australian Solar Mesh Sales Pty Ltd v Anderson [2000] 101 FCR 1 at 7-8. However, a matter arising under a law of the Parliament differs from one that merely involves the interpretation of a federal law, which alone will not attract federal jurisdiction: Felton 124 CLR at 374, 408-409, 416.

In respect of an application, nominally by the insured for a declaration that it is covered against a claim under the respondent insurer’s policy, but is in fact brought by its second insurer as a means to a claim for contribution, if the issues  raise the application of s 54 of the Insurance Contracts Act 1984 (Cth) in a way that is not simply its interpretation in some incidental fashion, the Federal Court also has jurisdiction by reason of s 39B(1A)(c) of the Judiciary Act 1903 (Cth) to hear all other aspects of the case: Australian Securities and Investments Commission v Edensor Nominees Pty Ltd [2001] 204 CLR 559 at 571 [7]; Epsilon Insurance Broking Services Pty Ltd v Liberty Managing Agency Limited [2019] FCA 990.