MERRIFIELD CORPORATION PTY LTD and Others v FAL MICKLEHAM PTY LTD (No 1)

78 VR 428·Harris J
78 VR 428
MERRIFIELD CORPORATION PTY LTD and Others v FAL MICKLEHAM PTY LTD (No 1) Supreme Court of VictoriaHarris J 11 October 2024, 2, 17, 28 April, 13 May 2025[2025] VSC 253Courts and judgesJurisdictionCross-vestingSpecial federal matterAction for enforcement of restrictive covenantDefence alleged restrictive covenant ineffective and unenforceable under Commonwealth consumer legislationWhether Court had jurisdiction to determine issueWhether matter was one ‘arising under’ pt IV of the Competition and Consumer Act 2010 (Cth)Whether matter for determination a ‘special federal matter’Whether special reasons justifying determination of proceeding by CourtCompetition and Consumer Act 2010 (Cth), s 86Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), ss 4(1), 6Jurisdiction of Courts (Cross-vesting) Act 1987 (Vic), ss 3, 6.

Section 4(1) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) (Commonwealth Act) provided a source of federal jurisdiction for state and territory courts in a range of matters. Section 6, which was in materially the same terms as its equivalent provision in the Jurisdiction of Courts (Cross-vesting) Act 1987 (Vic) (Victorian Act), relevantly required that if a matter for determination in a proceeding pending in the Supreme Court of a State or Territory was a ‘special federal matter’, the court must transfer the proceeding to the Federal Court of Australia unless the court made an order under s 6(3) that the proceeding be determined by it, where satisfied that there were special reasons for doing so. A ‘special federal matter’ relevantly included ‘a matter arising under Part IV of the Competition and Consumer Act 2010 (other than under section 45D, 45DA, 45DB, 45E or 45EA)’.

""

Continue Reading This Report

78 VR 428

One-off Purchase

$25
This report only
Permanent access
PDF download
Best Value

Digital Subscription

$45/mo
or $450/yrSAVE $90
All reports included
Unlimited access
Cancel anytime
Don't have an account? Create Account