Thurin v Krongold Constructions (Aust) Pty Ltd
Court of Appeal
McLeish, Niall and Walker JJA
20/10/2022
[2022] VSCA 226
Constitutional law — Commonwealth — Judicial power — Jurisdiction — Victorian Civil and Administrative Tribunal — Domestic building dispute — Apportionment and contribution claims under Wrongs Act 1958 (Vic) against third parties pleaded as defence — Apportionment and contribution claims based on Trade Practices Act 1974 (Cth) — Whether matter arising under Commonwealth law — Whether VCAT has jurisdiction — Constitution, s 76(ii)
Constitutional law — Commonwealth — Judicial power — Jurisdiction — Victorian Civil and Administrative Tribunal — Claim against company incorporated under Corporations Act 2001 (Cth) — Whether incorporation under the Corporations Act 2001 (Cth) sufficient for matter to arise under Commonwealth law — Whether VCAT has jurisdiction — Constitution, s 76(ii)
Practice and procedure — Victorian Civil and Administrative Tribunal — Referral of matter where subject-matter of proceeding more appropriately dealt with by a court — Matter not within jurisdiction of VCAT to hear and determine — Whether Victorian Civil and Administrative Tribunal nonetheless has power to refer matter to Court — Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 77
Read the judgment here.