Federal Crime and Related Proceedings

About this NPA

The Federal Crime and Related Proceedings NPA is comprised of the following:

• prosecutions on indictments
• summary prosecutions
• criminal appeals
• bail applications
• various related civil proceedings.

Questions relating to this NPA should be emailed to FederalCourtCrime@fedcourt.gov.au

More about the Court's criminal and related  jurisdiction

On 12 June 2024, following Royal  Assent of the Attorney-General's  Portfolio Miscellaneous Measures Act 2024 (Cth), the  Federal Court of Australia's jurisdiction was expanded to hear and determine a  wider range of summary and indictable offences within the regulatory remit of  the Australian Securities and Investment Commission.

The Federal Court has jurisdiction to hear and determine:

• Prosecutions for indictable offences against provisions  in a number of Commonwealth Acts, including: the Competition and Consumer Act 2010 (Cth), the Australian Securities and Investments Commission Act 2001 (Cth),  the Corporations Act 2001 (Cth), the National Consumer Credit Protection Act 2009 (Cth),  the Superannuation Industry (Supervision) Act 1993 (Cth) and the Criminal Code (Cth).
  In addition, this  Court has jurisdiction to hear summary offences considered related to the  indictable offences being heard in the Court and to hear indictable offences  elected to be dealt with summarily. Indictable offences are tried before a jury and  presided over by a Judge.
• Prosecutions for summary offences against provisions in a  number of Commonwealth Acts, including: the Copyright  Act 1968 (Cth), the Fair Work  Act 2009 (Cth),  the Competition  and Consumer Act 2010 (Cth), the Federal Safety Commissioner Act 2022 (Cth), the Australian Energy Market Act 2004 (Cth) and the Australian Securities and Investments Commission Act 2001 (Cth). Summary offences are tried before a Judge sitting  alone.
• Appeals against indictable judgments, and decisions of summary  offence proceedings, and from judgments relating to bail. Leave to appeal is  required unless the appeal involves a question of law or is about bail.
• Appeals in criminal cases  before the Supreme Court of Norfolk Island.
• Various crime related civil proceedings, including applications under the Proceeds of Crime Act 2002 (Cth) and applications seeking a declaration and punishment for contempt, such as under s 34B of the Australian  Crime Commission Act 2002 (Cth).

Allocation of matters in this NPA

The Court has judges experienced in managing crime-related cases, including criminal appeals, and judicial registrars experienced in the practice and procedure of criminal prosecutions to assist the judges with the case management of such matters.

While any crime-related case is likely to be managed by the Court within this NPA, the Court will ensure that the judge allocated to manage the case has expertise in the underlying area of law the subject of the proceeding - for example, competition and consumer law or intellectual property law.

Judgments

• 5 Mar 2025: Lusty (Examiner) v ITT24 [2025] FCA 141
  CONTEMPT OF COURT - refusal to take oath or affirmation when required to do so under s 28 of the Australian Crime Commission Act 2002 (Cth) contrary to s 34A(a)(i) of the Act - refusal to answer questions in examination contrary to s 34A(a)(ii) of the Act - Court's power to deal with contempt under s 34B of the Act - consideration of principles…
  Judge: VANDONGEN J
• 21 Feb 2025: Rivas v Minister for Finance (Privilege Issue) [2025] FCA 138
  EXTRADITION - application under s 39B of the Judiciary Act 1903 (Cth) for relief in relation to a determination of the Minister for Finance that the applicant be extradited to the Republic of Chile pursuant to s 22(2) of the Extradition Act 1988 (Cth) PRIVILEGE - whether there was conduct which was inconsistent with the maintenance of…
  Judge: LEE J
• 13 Feb 2025: Australian Securities and Investments Commission v Money3 Loans Pty Ltd (Trial Ruling No 2 - Witness Unavailability) [2025] FCA 110
  PRACTICE AND PROCEDURE-Evidence Act 1995 (Cth), s 63-previous representation-witness not available despite service of subpoena-whether all reasonable steps have been taken by the applicant to compel the witness to give evidence-failure of applicant to explain why no application was made for the issue of a warrant for the arrest of the…
  Judge: MCELWAINE J

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