By Tasman Ash Fleming -
Key decisions
- HBSY Pty Ltd v Lewis [2024] HCA 35
- Automotive Invest Pty Limited v Commissioner of Taxation [2024] HCA 36
APPELLATE JURISDICTION
Federal Court – cross-vesting
In HBSY Pty Ltd v Lewis [2024] HCA 35 (9 October 2024), the High Court (by majority) issued writs of certiorari and mandamus remitting the matter back to the Federal Court for decision.
The substantive proceedings related to a cause of action under the Bankruptcy Act 1966 (Cth). This attracted the federal jurisdiction but may be heard in a state court pursuant to section 39(2) of the Judiciary Act 1903 (Cth).