References: (1971) 124 CLR 367, [1971] HCA 39
Links: Austlii
Coram: Justice Windeyer
Ratio: (Australia) The court was concerned to interpret the phrase ‘arising under any laws made by the Parliament’
Austlii Constitutional Law (Cth) – Privy Council – Appeal from State Supreme Court invested with federal jurisdiction – Matter arising under law made by Common- Commonwealth Parliament – Raised by defence – Whether court exercising concurrent State and federal jurisdiction – The Constitution (63 & 64 Vict. c. 12), s. 76 (ii.) – Judiciary Act 1901-1968 (Cth), ss. 39, 40.
Courts – Ouster of jurisdiction – Public policy – Proceedings for divorce – Agreement between husband and wife concerning maintenance – Whether invalid – Whether invalidity derived from common law or statute – Matrimonial Causes Act 1959-1966 (Cth).
Matrimonial Causes – Agreement between husband and wife concerning maintenance – Whether enforceable – Whether attempt to oust jurisdiction of court – Matrimonial Causes Act 1959-1966 (Cth), ss. 5, 8, 23 (2) (3), 87 (1) (k).
This case is cited by:
- Cited – Cadbury-Schweppes Pty Ltd And Others v Pub Squash Co Pty Ltd PC (lip, [1981] 1 WLR 193, [1981] RPC 429, Bailii, [1980] UKPC 30)
(New South Wales) The plaintiff had launched and advertised a soft drink. A year later, the defendant launched a similar product using similar names, styles and advertising, but then registered trade marks. The plaintiff sought damages, and for the . .
(This list may be incomplete)
Jurisdiction: Australia
Last Update: 18-Feb-17
Ref: 180901
The post Felton v Mulligan: 2 Sep 1971 appeared first on swarb.co.uk.