What is a matter within federal jurisdiction? The answer has two important consequences. One, when is it impermissible for a State tribunal to determine a claim that raises a federal element? The other, just how broad is the jurisdiction of the Federal Court to determine claims that do not arise from specifically invested jurisdiction?

Develop an understanding of:
1. The constitutional limits of the jurisdiction of State tribunals;
2. The Constitutionally entrenched jurisdiction to review for jurisdictional error; and
3. The extent to which the Federal Court has broad general jurisdiction in civil disputes.

Presenter

Justice Shaun McElwaine graduated from UNSW in 1983. He commenced his career as a Legal Officer at the Office of the Commonwealth DPP. He was a solicitor at Zeeman Kable and Page where he became a partner in 1989, and launched his own firm in 1996. He was appointed to Senior Counsel in 2013. He has appeared as counsel in many trials and appeals in a range of matters within his fields of expertise, and has extensive experience as a barrister and solicitor. Justice McElwaine has held a number of committee positions: member of the Rules Committee of Supreme Court of Tasmania (1995- current); Federal Court of Australia Users Group for Tasmania (2010-current); and Supreme Court of Tasmania Users Group, (2010-present). Justice McElwaine commenced his appointment as a judge of the Federal Court of Australia in January 2022.