Federal Court of Australia

Jurisdiction

The Federal Court has no constitutional jurisdiction; its jurisdiction is provided by statute. The Court's original jurisdiction include matters arising from Commonwealth legislation such as, for example, matters relating to taxation, trade practices, native title, intellectual property, industrial relations, corporations, immigration and bankruptcy.

The Federal Court of Australia also has appellate jurisdiction from Division 2 of the Federal Circuit and Family Court of Australia on all general federal law matters (family law matters are appealed to Division 1 of that Court). The Court also exercises general appellate jurisdiction in criminal and civil matters on appeal from the Supreme Court of Norfolk Island; and exercises appellate jurisdiction in appeals from state supreme courts in some federal matters. Other federal courts and tribunals where the Court exercises appellate jurisdiction include the Australian Sports Anti-Doping Authority and the Australian Human Rights and Equal Opportunity Commission.

The Court has concurrent jurisdiction with the Australian Capital Territory Supreme Court and Northern Territory Supreme Court over civil matters arising under those Territories' laws.

Related courts

The jurisdiction of the Federal Court of Australia includes the jurisdiction previously exercised by three former federal courts, the Federal Court of Bankruptcy, Commonwealth Industrial Court and Industrial Relations Court of Australia.

Federal Court of Bankruptcy

The Federal Court of Bankruptcy had jurisdiction in bankruptcy matters and was created in 1930. The jurisdiction in bankruptcy was transferred to the Federal Court of Australia on its establishment in 1977.

Commonwealth Industrial Court

The Commonwealth Industrial Court was established in 1956 as a result of the Boilermaker's case, where the High Court held that a Chapter III Court could not exercise a non-judicial power, the arbitral function, because of the constitutional separation of powers in Australia. The judicial functions were given to the newly created Commonwealth Industrial Court and the arbitral functions were given to Commonwealth Conciliation and Arbitration Commission.

The court was renamed the Australian Industrial Court in 1973. In 1977 the jurisdiction of the Australian Industrial Court was transferred to the Federal Court of Australia.

Industrial Relations Court of Australia

In 1993 the industrial relations jurisdiction of the Federal Court of Australia was transferred to the Industrial Relations Court of Australia, and transferred back to the Federal Court of Australia in 1996. The last judge of the Industrial Relations Court, Anthony North, retired in September 2018. The court was formally abolished on 1 March 2021.

Current judges

References

References

1. (16 July 2012). "Federal Court of Australia - Contact Victoria Registry".
2. (2021-09-22). "The Court's Jurisdiction".
3. Section 39B of the [https://www.legislation.gov.au/Details/C2016C00836 ''Judiciary Act'' (1903) (Cth)]
4. Section 19 of the [https://www.legislation.gov.au/Details/C2018C00342 ''Federal Court of Australia Act'' 1976 (Cth)].
5. (November 2015). "The Court's Jurisdiction". Federal Court of Australia.
6. Justice SC Kenny. (28 October 2011). "The Evolving Jurisdiction of the Federal Court of Australia". Federal Court of Australia.
7. Sections 24 (civil) and 30AA (criminal) of the [https://www.legislation.gov.au/Details/C2018C00342 ''Federal Court of Australia Act'' 1976 (Cth)].
8. see for example [https://www.legislation.gov.au/Details/C2016C00785/Html/Volume_2#_Toc456083280 section 565] of the [[Fair Work Act 2009. ''Fair Work Act'' 2009]].
9. (30 January 2015). "James Hird's Federal Court appeal against ASADA investigation dismissed". [[ABC News (Australia).
10. {{cite court. (12 March 1999). link
11. {{cite AustLII. FCAFC. 96. 2012. FCR]] 451
12. [https://www.legislation.act.gov.au/View/a/1993-60/current/html/1993-60.html ''Jurisdiction of Courts (Cross-vesting) Act 1994'' (ACT)], s 4
13. [https://legislation.nt.gov.au/en/Legislation/JURISDICTION-OF-COURTS-CROSS-VESTING-ACT-1987 ''Jurisdiction of Courts (Cross-vesting) Act 1987'' (NT)], s 4
14. {{cite Legislation AU. Cth. num_act. ba1930171930169. Bankruptcy Act 1930.
15. [https://www.legislation.gov.au/Details/C2004A01591 ''Bankruptcy Amendment Act'' 1976 (Cth)].
16. {{cite AustLII. (1956). CLR]] 254.
17. [https://www.legislation.gov.au/Details/C1956A00044/ea02de98-a373-48f8-a70e-07715ff9d44d ''Conciliation and Arbitration Act'' 1956 (Cth)].
18. [https://www.legislation.gov.au/Details/C1973A00138/a73167b9-d451-48f3-9769-b42a6cad5796 ''Conciliation and Arbitration Act'' 1973 (Cth)]
19. [https://www.legislation.gov.au/Details/C2004A01587 ''Federal Court of Australia (Consequential Provisions) Act'' 1976 (Cth)].
20. [https://www.legislation.gov.au/Details/C2004A04653 ''Industrial Relations Reform Act'' 1993 (Cth)].
21. [https://www.legislation.gov.au/Details/C2004A05064/1f09d62a-f6ee-41f7-b8ce-af20e754789a ''Workplace Relations and Other Legislation Amendment Act'' 1996 (Cth)].
22. (12 September 2018). "Ceremonial Sitting of the Full Court to Farewell the Honourable Justice North".
23. (10 December 2020). "Workplace Relations and Other Legislation Amendment (Abolishment of Industrial Relations Court) Proclamation 2020".