Federal Court of Australia:

The Federal Court of Australia commenced operations in 1977 after being established by an  Act of the Commonwealth Parliament: Federal Court of Australia Act 1976 (Cth). The Court is a superior court of record and adjudicates matters according to both law and equity. It sits in every regional state capital and on occasion justices of the Federal Court will go on “circuit” to regional areas. According to its website, the objectives of the Federal Court are to:

“Decide disputes according to law - promptly, courteously and effectively and, in so doing, to interpret the statutory law and develop the general law of the Commonwealth, so as to fulfil the role of a court exercising the judicial power of the Commonwealth under the Constitution. Provide an effective registry service to the community. Manage the resources allotted by Parliament efficiently.” [1]

The body of law that the Federal Court has jurisdiction over is constantly growing. As at the publication of this article, there are over 150 different statutory and legislative instruments which the Court can adjudicate. [2] The jurisdiction of the Court is wide:

“It now hears appeals from decisions of single judges of the Court and from the Federal Circuit Court of Australia (previously the Federal Magistrates Court) in non-family law matters. The Court’s jurisdiction now covers almost all civil matters arising under Australian federal law and some summary and indictable criminal matters. It also has jurisdiction to hear and determine any matter arising under the Constitution through the operation of s 39B of the Judiciary Act 1903.” [3]

Matters that are commonly brought before the Federal Court relate to bankruptcy and insolvency, taxation disputes and commercial litigation cases arising under the Australian Consumer Law: Australian Competition and Consumer Act 2010 (Cth) which repealed and replaced the old Trades Practices Act 1974 (Cth). These are usually “cases [which] raise important public interest issues involving such matters as mergers, misuse of market power, exclusive dealing or false advertising.” [4]

The judicial review of actions taken by officers of the Commonwealth also occurs in the Federal Court as do appeals from the Administrative Appeals Tribunal on matters of legality (i.e. not merits). Indigenous Land Use Agreement, determinations of the National Native Title Tribunal are also within the purview of the Federal Court as are admiralty and maritime claims (concurrent jurisdiction with the state Supreme Courts). [5]

If you have a matter or some dispute which may go to or be before the Federal Court, you may wish to contact our firm by telephone on (02) 9233 4048 or email at info@navado.com.au and make an appointment to see one of our solicitors. 

[1] “The Court’s Jurisdiction” Federal Court of Australia website (undated) <www.fedcourt.gov.au> (accessed 6 December 2013).

[2] Ibid.

[3] Ibid.

[4] Ibid.

[5] Ibid.

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