Federal Jurisdiction in State Courts: an Elaboration and Critique

A number of important High Court cases have grappled with the complexities that arise from the exercise of federal jurisdiction by State courts, the most recent of which is Momcilovic v The Queen (2011) 245 CLR 1. Those cases demonstrate the complexity of the principles of federal jurisdiction and the unexpected outcomes that can follow their application to proceedings in State courts. This article seeks to explain some of the more complicated aspects of the principles of federal jurisdiction. It also raises a number of problems with the deployment of those principles in State courts and proposes some tentative solutions.