LAWS2212 Study Guide - Final Guide: Transport Accident Commission, Abbreviation, Diversity Jurisdiction
Document Summary
Sweedman v transport accident commission (2006) 226 clr 362. The federal judicature: chapter iii of the constitution: commentary and cases; km31. s74. 2010. John pfeiffer pty ltd v rogerson (2000) 203 clr 503. However, s 80 by its terms is denied any operation which is inconsistent with the operation of the constitution. Against this background, two essential steps are to be taken for the resolution of the appeal. The first step concerns the character in law of the claim made for indemnity under s 104 (1) [the victorian act] and the identification of the choice of law rule applicable to that claim. (sweedman, [25]) The flow chart on invoking federal jurisdiction at a state court. Step one: which heads of federal jurisdiction does a state court have? (and does the facts trigger the federal jurisdiction?: the relevant heads of federal jurisdictions for choice of law purposes:
