Description of National Practice Areas

Administrative and Constitutional Law and Human Rights NPA

• Matters concerning the judicial review of decisions and conduct involving Commonwealth enactments and powers on grounds relating to the legality, rather than the merits, of the decision, including judicial review applications:
  pursuant to s 39B of the Judiciary Act 1903 (Cth) (Judiciary Act)
  under the Administrative Decisions (Judicial Review) Act 1977 (Cth) (ADJR Act)
  under ss 476A and 476B(3) of the Migration Act 1958 (Cth)
  Appeals on questions of law from the Administrative Review Tribunal (ART), the Superannuation Complaints Tribunal and the National Native Title Tribunal (NNTT)
• Complaints about unlawful discrimination no longer being dealt with by the Australian Human Rights Commission
• Matters concerning the Australian Constitution

Admiralty and Maritime NPA

• Admiralty or maritime disputes including:
  in rem proceedings
  in personam proceedings
  marine insurance
  cargo claims
  other matters including matters relating to the Navigation Act 2012 and the Coastal Trading (Revitalising Australian Shipping) Act 2012

Commercial and Corporations NPA

• Commercial disputes and matters relating to corporations, including:
  commercial contract disputes
  disputes concerning the conduct of Corporations and their officers
  financial and transactional disputes
  insurance disputes
  all insolvency matters, both corporate and personal  
  commercial class actions
  consumer claims (including Regulator claims)
  competition matters (including Economic Regulator-related matters)
  commercial arbitration disputes

Commercial Contracts, Banking, Finance and Insurance Sub-area

• Commercial contracts and matters relating to insurance, banking, finance and commercial transactional disputes

Corporations and Corporate Insolvency Sub-area

• Corporations List and Duty matters, including:
  the appointment or conduct of liquidators
  corporate insolvency matters, such as voidable transactions, extending of convening periods and cross border insolvency
  schemes of arrangement
  shareholder oppression actions
  ASIC actions, such as the approval of director appointments, winding- up of companies, fundraising matters, corporate management and misconduct by company officers
  corporations matters referred to a Judge by a Judicial Registrar

General and Personal Insolvency Sub-area

• General and personal insolvency matters under the Bankruptcy Act 1966 (Cth), including applications by trustees in the management of bankrupt estates, applications by bankrupts contesting decisions of a trustee and applications for annulment of bankruptcy.
• Bankruptcy matters referred to a Judge by a Judicial Registrar.

Regulator and Consumer Protection Sub-area

• Consumer-related matters such as misleading and deceptive conduct, unconscionable conduct, unfair commercial practices, product liability matters and false advertising.
• Australian Consumer Law actions by the Australian Competition and Consumer Commission (ACCC).

Economic Regulator, Competition and Access Sub-area

• Matters concerning anti-competitive conduct, including cartel matters (civil), mergers, misuse of market power and exclusive dealing.
• Competition actions by the ACCC.
• Infrastructure access and regulatory pricing.

Commercial Arbitration Sub-area

• Matters before the Court in which orders are sought under the International Arbitration Act and Division 28.5 of the Federal Court Rules 2011 (Cth)
• Matters concerning international commercial arbitration matters including:
  • applications to stay a Federal Court proceeding that is capable of settlement by arbitration pursuant to an arbitration agreement between the parties
  • the enforcement of a foreign award under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards
  • the enforcement of international arbitral awards made in Australia
  • applications under article 6 of the UNCITRAL Model Law on International Commercial Arbitration (Model Law) for orders concerning:
    the appointment and termination of an arbitrator
    a challenge against an arbitrator for lack of impartiality, independence or the necessary qualifications
    whether an arbitral tribunal has jurisdiction to deal with the issues before the tribunal
    assisting an arbitral tribunal to take evidence
    the setting aside of an arbitral award
  • the enforcement of an award under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States

Employment & Industrial Relations NPA

• Civil and criminal matters arising under the Fair Work jurisdiction and related legislation (s563 of the Fair Work Act 2009 (Cth)), including workplace-related applications, writs of mandamus or prohibition, injunctions, declarations, prosecutions and matters transferred or appealed from the Federal Circuit and Family Court of Australia, other courts or the Fair Work Commission.

Federal Crime and Related Proceedings NPA

• Proceedings relating to:
  summary prosecutions
  prosecutions on indictment
  criminal appeals
  bail applications and empaneling juries for criminal cartel trials
  civil proceedings related to confiscating assets under the Proceeds of Crime Act 2002 (Cth) where the Federal Court is conferred with a criminal jurisdiction

Intellectual Property NPA

• Disputes concerning matters such as patents, trademarks, copyright, designs, circuit layouts, plant breeder's rights and appeals from the Commissioner of Patents or Registrar of Trade Marks

Patents and Associated Statutes Sub-area

• Patent disputes concerning the exclusive right to commercially exploit inventions (inventive devices, substances, methods or processes)
• Other disputes, including disputes concerning plant breeder's rights in new and distinct varieties of plants

Trade Marks Sub-area

• Any Trade Mark dispute, with respect to validity of a Trade Mark and /or distinguishing goods and services (including in respect of a letter, number, word, phrase, sound, smell, shape, logo, picture and packaging
• "Geographical indication" disputes involving a geographical indication or other term signifying a related attribute of goods
• An appeal from a decision of the Registrar of Trade Marks

Copyright and Industrial Design Sub-area

• Copyright disputes concerning works such as books, computer programs, architectural drawings, musical and artistic works and other subject matter such as films and sound recordings. Design disputes concerning the distinctive shape, configuration, pattern or ornamentation of products in an industrial or commercial context
• Other disputes, including circuit layout disputes concerning layout designs for integrated circuits and computer chips

Native Title NPA

• Native title claims concerning the rights and interests of Aboriginal and Torres Strait Islander peoples to land and waters according to their traditional laws and customs, including determinations, revised native title determination applications, compensation applications, claim registration applications, applications to remove agreements from the Register of Indigenous Land Use Agreements (ILUAs) and applications about the transfer of records
• Reviews or appeals from decisions of the NNTT
• Matters arising under or in relation to any ILUA or other agreement made under the Native Title Act 1993 (Cth) (Native Title), or concerning a Prescribed Body Corporate (which holds or manages native title under the Act)

Taxation NPA

• Tax appeals pursuant to Part IVC of the Taxation Administration Act 1953 (Cth) from decisions made by the Commissioner of Taxation
• Questions of law and taxation on appeal from the Administrative Review Tribunal (ART)
• Any recovery or other proceeding collateral to a tax dispute

Other Federal Jurisdiction

• If the Court has jurisdiction but the matter does not fall within one of the 8 subject-matter NPAs, the matter will be managed within this NPA.
• For instance: cases arising under a law of the Parliament -
  • s 39B(1A)(c)) of the Judiciary Act or
  • otherwise in federal jurisdiction that is conferred on the Court such as cases that are in substance:
    negligence claims for damages (such as under legislation governing civil aviation)
    defamation or
    referrals from the High Court of Australia, in its capacity as the Court of Disputed Returns, pursuant to s 329 of the Commonwealth Electoral Act 1918.