High Court of Australia

Dimitrov v The Supreme Court of Victoria [2017] HCA 51

1 Dec 2017

Case Number: S204/2017


Edelman J


Practice and procedure – Original jurisdiction – Where plaintiff applied for order to show cause why prohibition, certiorari and injunction should not issue in respect of orders in Supreme Court of Victoria – Where orders of Supreme Court approved settlement by group proceeding plaintiffs with nunc pro tunc authority of group members – Where settlement deed purportedly released defendants in group proceedings from all claims – Where plaintiff contended orders made in federal jurisdiction beyond power as not involving a "matter" – Where various defendants to plaintiff's application sought dismissal or summary dismissal – Where plaintiff did not attempt to appeal impugned orders –Where some issues raised pending in District Court of New South Wales – Where issues raised in original jurisdiction would not arise if plaintiff sought leave to appeal in Supreme Court – Whether Court of Appeal of Supreme Court of Victoria has power to entertain an appeal – Whether appropriate to invoke original jurisdiction of High Court.

Constitutional law – Constitutional writs – Where plaintiff seeks constitutional writs against judge of Supreme Court of Victoria – Whether judge exercising federal jurisdiction acting as officer of Commonwealth for purposes of s 75(v) of Constitution and s 33(1)(c) of Judiciary Act 1903 (Cth).

Words and phrases – "appeals", "certiorari", "constitutional writs", "construction of settlement deed", "declaration", "extension of time", "federal jurisdiction", "group proceedings", "injunction", "leave to appeal", "officer of the Commonwealth", "prohibition", "settlement of group proceeding".

Constitution – ss 73(ii), 75(v).

Corporations Act 2001 (Cth) – ss 58AA, 500(2).

Supreme Court Act 1986 (Vic) – ss 17, 33V, 33ZC, 33ZF.

High Court Rules 2004 (Cth) – r 25. 03. 3.

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