Presented by Robert Clark MP		www.robertclark.net

Victoria releases model cross-vesting bill

The Attorney-General, Jan Wade, has released a Victorian Model Bill to deal with legal problems arising from last week’s High Court decision in the cross-vesting cases of Ex parte Amman & Gould, Ex parte McNally, Ex parte Darvall, and Spinks v Prentice.

The decision held that judgments of Federal courts exercising jurisdiction granted by State laws were invalid for constitutional reasons.

Another implication is that cases arising under State laws will need to be brought in State courts instead of Federal courts in future. Cases most affected are matters under the Corporations Law.

Mrs Wade said the Victorian Model Bill had been drafted in consultation with interstate Parliamentary Counsel and Solicitors-General over a significant period of time in anticipation of an adverse decision from the High Court.

All the States are expected to pass legislation based on the Victorian Model Bill in the near future.

The Federal Courts (State Jurisdiction) Bill will essentially validate judgments of the Federal courts by giving them the same legal effect they would have had had they been given by the Supreme Court.

This makes them enforceable according to procedures applying to Supreme Court orders, including the law of contempt. Importantly, the Bill provides for enforcement in relation to breaches of invalid orders both before and after the Bill commences operation.

"Release of the Victorian Model Bill will give practitioners and their clients certainty as to what is proposed," Mrs Wade said.

People who wish to view the Victorian Model Bill can access it on the Internet. Copies can also be obtained from the Department of Justice on (03) 9651 0582.

(News Releases, Office of the Attorney-General, June 17 and June 21, 1999)