PPRuNe Forums - View Single Post - Airspace vs NPWS vs Airservices vs regulations
Old 20th Nov 2005, 21:01
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The Voice
 
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A thing called 'cross vesting' was introduced some several years ago. Specifically, and in a nutshell, it allows courts to hear and or transfer without prejudice, matters that may otherwise be outside of their jurisdiction.

The general cross-vesting scheme established by the Jurisdiction of Courts (Cross-vesting) Acts 1987 of the Commonwealth and each of the States commenced on 1 July 1988.

The purpose of the cross-vesting schemes is to avoid jurisdictional disputes arising in the Australian judicial system. Proceedings commenced in a court covered by the schemes cannot fail for want of jurisdiction, but proceedings commenced in an inappropriate court may be transferred to a more appropriate court.

In Bankinvest AG v Seabrook (1988) 90 ALR 407, 408 is described the operation of the general cross-vesting legislation:

‘The cross-vesting legislation in effect brings together the eight State and Territory Supreme Courts, the Federal Court and the Family Court into an organisational relationship. Very broadly speaking, the legislation now operative throughout Australia achieves two objectives: first, it enables any one of these courts to exercise the jurisdiction of, and to apply the law that would be applied by, any one of the other nine; secondly, it enables any one of those courts in which proceedings are commenced to transfer them to any one of the other nine.

The introduction of this scheme is a significant move towards providing throughout our nation the services of an integrated court system transcending the boundaries, both geographic and jurisdictional, that have in the past obstructed the courts in meeting the requirements of the Australian public.’

As for the original comment, up in the NT, a couple of airspace systems ago, there was a similar sort of restriction placed over Kakadu. From memory, it was specifically aimed at the grey jets operated indiscriminately under the guise of an exercise that used to pass over/around the area at zot feet/fast speed and there was some sort of fear of damage to the heritage area.

SkyWgn, any chance of some more info or a link to the proposal?
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