| 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] | |
![]() Interactive map of Federal Court of Australia | |
| 33°52′8″S151°12′42″E / 33.86889°S 151.21167°E /-33.86889; 151.21167 | |
| Established | 1976 |
| Jurisdiction | Australia |
| Coordinates | 33°52′8″S151°12′42″E / 33.86889°S 151.21167°E /-33.86889; 151.21167 |
| Authorised by | Federal Court of Australia Act 1976 (Cth) |
| Appeals to | High Court of Australia |
| Website | www |
| Chief Justice | |
| Currently | Debra Mortimer |
| Since | 7 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.
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]
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.
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]
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]
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]