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.
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
- 25 Sep 2024:
AZO24 v Commonwealth (Suppression Orders) [2024] FCA 1113
PRACTICE AND PROCEDURE - application for suppression and non-publication orders - where interim suppression orders made earlier in proceeding - whether interim suppression order still in effect PRACTICE AND PROCEDURE - where applicant's originating process and interlocutory application seeking to set aside orders in AZO24 v Commonwealth [2024] FCA …
Judge: Kennett J - 18 Sep 2024:
Hampton v Commissioner of the Australian Federal Police [2024] FCA 1079
ADMINISTRATIVE LAW - application for judicial review - where search warrants issued pursuant to s 3E of the Crimes Act 1914 (Cth) - where applicant's home searched by Australian Federal Police pursuant to warrants - where applicant was invited to, and did, participate in interview by Services Australia while search conducted -- whether decisions…
Judge: McDonald J - 11 Sep 2024:
AZO24 v Commonwealth (Summary Dismissal) [2024] FCA 1053
PRACTICE AND PROCEDURE - application for summary dismissal - application that statement of claim be struck out - where applicant alleges surveillance and "law enforcement controlled operation" has been undertaken against her since 2017 - where applicant's statement of claim pleaded in narrative form - where applicant has presented no evidence that …
Judge: Kennett J
Practice Notes
The Federal Crime and Related Proceedings Practice Note (CRIME-1) issued by the Court on 15 May 2017, sets out the arrangements for the management of proceedings in the Federal Crime and Related Proceedings NPA.
Note: The Federal Crime and Related Proceedings Practice Note (CRIME-1) is currently under review.
Other practice notes which may be relevant to this NPA include:
- Central Practice Note (CPN-1)
- Technology and the Court Practice Note (GPN–TECH)
- Expert Evidence Practice Note (GPN-EXPT)
- Subpoenas and Notices to Produce Practice Note (GPN-SUBP)
- Enforcement, Endorsement and Contempt Practice Note (GPN-ENF)
- Content of Appeal Books and Preparation for Hearing Practice Note (APP 2)
- Lists of Authorities and Citations Practice Note (GPN-AUTH)
Forms & Rules
The Federal Court (Criminal Proceedings) Rules 2016 (Cth) (Criminal Proceedings Rules) commenced on 10 November 2016.
Under the Criminal Proceedings Rules, forms have been approved for use in proceedings in the Federal Crime and Related Proceedings NPA .
Parties and practitioners should also be familiar, where relevant, with:
- the Federal Court Rules 2011 (Cth); and
- the Federal Court and Federal Circuit and Family Court Regulations 2022 (Cth).
Legislation
- Australian Energy Market Act 2004 (Cth)
- Australian Securities and Investments Commission Act 2001 (Cth)
- Australian Security Intelligence Organisation Act 1979(Cth)
- Competition and Consumer Act 2010 (Cth)
- Copyright Act 1968 (Cth)
- Corporations Act 2001 (Cth)
- Crimes Act 1914 (Cth)
- Criminal Code Act 1995 (Cth)
- Fair Work Act 2009 (Cth)
- Federal Court of Australia Act 1976(Cth)
- Federal Safety Commissioner Act 2022 (Cth)
- National Consumer Credit Protection Act 2009 (Cth)
- Proceeds of Crime Act 2002 (Cth)
- Superannuation Industry (Supervision) Act 1993 (Cth)
- Trademarks Act 1995(Cth)
Related Links
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