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Federal Court of Australia

Coordinates:33°52′8″S151°12′42″E / 33.86889°S 151.21167°E /-33.86889; 151.21167
From Wikipedia, the free encyclopedia
Australian superior federal court

Federal Court of Australia
InMelbourne, the Federal Court is housed with other federal courts such as theHigh Court and theFederal Circuit Court of Australia in theOwen Dixon Commonwealth Law Courts Building on the corner of La Trobe Street and William Street[1]
Map
Interactive map of Federal Court of Australia
33°52′8″S151°12′42″E / 33.86889°S 151.21167°E /-33.86889; 151.21167
Established1976
JurisdictionAustralia
Coordinates33°52′8″S151°12′42″E / 33.86889°S 151.21167°E /-33.86889; 151.21167
Authorised byFederal Court of Australia Act 1976 (Cth)
Appeals toHigh Court of Australia
Websitewww.fedcourt.gov.au
Chief Justice
CurrentlyDebra Mortimer
Since7 April 2023

TheFederal Court of Australia is an Australiansuperior court which has jurisdiction to deal with mostcivil disputes governed by federal law (with the exception offamily law matters), along with some summary (less serious) and indictable (more serious)criminal matters.[2] Cases are heard at first instance mostly by single judges. In cases of importance, afull court comprising three judges can be convened upon determination by the Chief Justice. The Court also hasappellate jurisdiction, which is mostly exercised by a Full Court comprising three judges (although sometimes by a panel of five judges and sometimes by a single judge), the only avenue of appeal from which lies to theHigh Court of Australia. In theAustralian court hierarchy, the Federal Court occupies a position equivalent to the supreme courts of each of the states and territories. In relation to the other courts in the federal stream, it is superior to theFederal Circuit and Family Court of Australia for all jurisdictions exceptfamily law. It was established in 1976 by the Federal Court of Australia Act.

The Chief Justice of the Federal Court isDebra Mortimer.

Jurisdiction

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The Federal Court has no constitutional jurisdiction; its jurisdiction is provided by statute.[3][4] 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.[5][6]

The Federal Court of Australia also hasappellate jurisdiction from Division 2 of theFederal Circuit and Family Court of Australia on all general federal law matters (family law matters are appealed to Division 1 of that Court).[7] The Court also exercises general appellate jurisdiction in criminal and civil matters on appeal from theSupreme Court of Norfolk Island;[5][6] and exercises appellate jurisdiction in appeals from state supreme courts in some federal matters.[8] Other federal courts and tribunals where the Court exercises appellate jurisdiction include theAustralian Sports Anti-Doping Authority[9] and theAustralian Human Rights and Equal Opportunity Commission.[10]

The Court has concurrent jurisdiction with theAustralian Capital Territory Supreme Court andNorthern Territory Supreme Court over civil matters arising under those Territories' laws.[11][12][13]

Related courts

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

Federal Court of Bankruptcy

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The Federal Court of Bankruptcy had jurisdiction in bankruptcy matters and was created in 1930.[14] The jurisdiction in bankruptcy was transferred to the Federal Court of Australia on its establishment in 1977.[15]

Commonwealth Industrial Court

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The Commonwealth Industrial Court was established in 1956 as a result of theBoilermaker's case,[16] where the High Court held that aChapter III Court could not exercise a non-judicial power, the arbitral function, because of the constitutionalseparation of powers in Australia.[16] The judicial functions were given to the newly created Commonwealth Industrial Court and the arbitral functions were given toCommonwealth Conciliation and Arbitration Commission.[17]

The court was renamed the Australian Industrial Court in 1973.[18] In 1977 the jurisdiction of the Australian Industrial Court was transferred to the Federal Court of Australia.[19]

Industrial Relations Court of Australia

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In 1993 the industrial relations jurisdiction of the Federal Court of Australia was transferred to the Industrial Relations Court of Australia,[20] and transferred back to the Federal Court of Australia in 1996.[21] The last judge of the Industrial Relations Court,Anthony North, retired in September 2018.[22] The court was formally abolished on 1 March 2021.[23]

Current judges

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This section is an excerpt fromList of judges of the Federal Court of Australia § Location of current judges.[edit]
Sydney
Melbourne
  • Mordecai Bromberg (7 December 2009)
  • Bernard Murphy (13 June 2011)
  • Debra Mortimer (12 July 2013) (Chief Justice)
  • Jonathan Beach (30 June 2014)
  • Mark Moshinsky (3 November 2015)
  • David O'Callaghan (1 February 2017)
  • Michael Wheelahan (3 October 2018)
  • Michael O’Bryan (26 February 2019)
  • John Snaden (29 April 2019)
  • Stewart Anderson (6 May 2019)
  • Helen Rofe (12 July 2021)
  • Timothy McEvoy (26 April 2022)
  • Lisa Hespe (27 April 2022)
  • Catherine Button (16 January 2023)
  • Emilios Kyrou (8 June 2023)
  • Christopher Horan (5 September 2023)
  • Penelope Neskovcin (8 February 2024)
  • Craig Dowling (9 February 2024)
  • Elizabeth Bennett (20 December 2024)
Brisbane
  • Berna Collier (8 February 2006)
  • John Logan (27 September 2007)
  • Darryl Rangiah (13 August 2013)
  • Roger Derrington (24 April 2017)
  • Sarah Derrington (10 January 2018)
  • Kylie Downes (2 August 2021)
  • Fiona Meagher (31 March 2022)
  • Erin Longbottom (20 December 2024)
  • Amelia Wheatley (6 January 2025)
Perth
  • Katrina Banks-Smith (12 February 2018)
  • Craig Colvin (13 February 2018)
  • Darren Jackson (20 March 2019)
  • Michael Feutrill (8 March 2022)
  • Samuel Vandongen (17 December 2024)
Adelaide
Hobart
  • Shaun McElwaine (24 January 2022)

See also

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References

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  1. ^"Federal Court of Australia - Contact Victoria Registry".Federal Court of Australia. 16 July 2012. Retrieved9 July 2023.
  2. ^"The Court's Jurisdiction".www.fedcourt.gov.au. 22 September 2021. Retrieved14 January 2022.
  3. ^Section 39B of theJudiciary Act (1903) (Cth)
  4. ^Section 19 of theFederal Court of Australia Act 1976 (Cth).
  5. ^ab"The Court's Jurisdiction". Federal Court of Australia. November 2015.
  6. ^abJustice SC Kenny (28 October 2011)."The Evolving Jurisdiction of the Federal Court of Australia". Federal Court of Australia. Archived fromthe original on 4 April 2023. Retrieved22 September 2016.
  7. ^Sections 24 (civil) and 30AA (criminal) of theFederal Court of Australia Act 1976 (Cth).
  8. ^see for examplesection 565 of theFair Work Act 2009.
  9. ^"James Hird's Federal Court appeal against ASADA investigation dismissed".ABC News. Australia. 30 January 2015. Retrieved10 May 2016.
  10. ^B.M.S. vs Australia, CERD/C/54/D/8/1996, cl. 2.6 (Committee on the Elimination of Racial Discrimination 12 March 1999) ("The Australian Government and the AMC appealed the decision of the HREOC. On 17 July 1996, the Federal Court of Australia ruled in their favour.").
  11. ^Crosby v Kelly [2012] FCAFC 96, (2012) 203FCR 451, Federal Court (Full Court).
  12. ^Jurisdiction of Courts (Cross-vesting) Act 1994 (ACT), s 4
  13. ^Jurisdiction of Courts (Cross-vesting) Act 1987 (NT), s 4
  14. ^Bankruptcy Act 1930 (Cth).
  15. ^Bankruptcy Amendment Act 1976 (Cth).
  16. ^abBoilermaker's case [1956] HCA 10, (1956) 94CLR 254.
  17. ^Conciliation and Arbitration Act 1956 (Cth).
  18. ^Conciliation and Arbitration Act 1973 (Cth)
  19. ^Federal Court of Australia (Consequential Provisions) Act 1976 (Cth).
  20. ^Industrial Relations Reform Act 1993 (Cth).
  21. ^Workplace Relations and Other Legislation Amendment Act 1996 (Cth).
  22. ^"Ceremonial Sitting of the Full Court to Farewell the Honourable Justice North",fedcourt.gov.au, 12 September 2018, retrieved18 September 2018
  23. ^"Workplace Relations and Other Legislation Amendment (Abolishment of Industrial Relations Court) Proclamation 2020". 10 December 2020. Retrieved10 December 2020.

External links

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Commonwealth
New South Wales
Victoria
Queensland
Western Australia
South Australia
Tasmania
Australian Capital Territory
Northern Territory
Norfolk Island
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