Recent Cases

Zurich Insurance Company Ltd v Koper [2023] HCA 25 (08 August 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ)


Catchwords:


Practice and procedure – Jurisdiction – Service outside Australia – Where first respondent sought leave under Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) (“Claims Act”) to bring proceedings against appellant insurers in Supreme Court of New South Wales (“NSWSC”) – Where ability of first respondent to bring proceedings under Claims Act against appellant insurers in NSWSC assumed to depend on whether notional proceedings in NSWSC could be brought against insured resident of New Zealand – Whether service of process on insured in New Zealand would have been effective by reason of ss 9 and 10 of Trans-Tasman Proceedings Act 2010 (Cth) (“TTPA”) – Whether ss 9 and 10 of TTPA have valid application to initiating document issued by State court relating to civil proceeding in State jurisdiction.

Constitutional law (Cth) – Powers of Commonwealth Parliament – Implications from Constitution – Power with respect to service and execution throughout the Commonwealth of civil and criminal process – Where ss 9 and 10 of TTPA accepted to be within legislative power of Commonwealth Parliament under s 51(xxix) of Constitution – Whether ss 9 and 10 of TTPA invalid in application to initiating document issued by State court in relation to civil proceeding in State jurisdiction – Whether capacity of Commonwealth Parliament to alter scope and reach of State judicial power subject to implied limitation derived from ss 51(xxiv), 77(ii) and 77(iii) of Constitution – Whether power of Commonwealth Parliament under s 51(xxiv) of Constitution to make laws for service of process of State courts throughout geographical area of Commonwealth inconsistent with purported implied limitation.

Words and phrases – “authority to adjudicate”, “constitutional implications”, “constitutional limitation”, “federal jurisdiction”, “initiating document”, “initiating process”, “judicial power”, “judicial power of the Commonwealth”, “jurisdiction”, “legislative power”, “personal jurisdiction”, “service of process”, “State judicial power”, “State jurisdiction”, “subject-matter jurisdiction”, “territorial jurisdiction”, “text and structure of the Constitution”.