High Court of Australia

Austral Pacific Group Limited v Airservices Australia [2000] HCA 39

203 CLR 136; 74 ALJR 1184; 173 ALR 619

3 Aug 2000

Case Number: B46/1999

Before

Gleeson CJ, McHugh, Gummow, Hayne, Callinan JJ

Catchwords

Negligence – Action by employee against appliance manufacturer - Manufacturer issued third party proceedings against Commonwealth authority employer - Federal jurisdiction attracted - Application by Commonwealth authority to strike out manufacturer's third party notice against it - Whether Commonwealth authority was liable as a joint tortfeasor "in respect of the same damage" as manufacturer - Whether employee's non-compliance with the requirement of election in s 45 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) ever subjected the Commonwealth authority to liability to the employee.

Federal jurisdiction – Whether s 64 of the Judiciary Act 1903 (Cth) operated - Whether s 79 of the Judiciary Act 1903 (Cth) "picked up" ss 6 and 7 of the Law Reform Act 1995 (Q) - Whether ss 44 or 45 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) "otherwise provided" within the meaning of s 79 of the Judiciary Act 1903 (Cth).

Words and phrases – "matter", "the Commonwealth", "otherwise provided".

Constitution – ss 75(iii), 76(ii).

Air Services Act 1995 (Cth) – ss 7, 8.

Civil Aviation Act 1988 (Cth).

Civil Aviation Legislation Amendment Act 1995 (Cth)
– s 9.

Judiciary Act 1903 (Cth) – ss 39(2), 64, 79.

Safety – Rehabilitation and Compensation Act 1988 (Cth), ss 44, 45.

Law Reform Act 1995 (Q) – ss 6, 7.

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