About this NPA
The Other Federal Jurisdiction National Practice Area (NPA) encompasses cases that do not readily fit into any of the Court’s eight subject-matter NPAs.
Jurisdiction of the Court
The jurisdiction of the Court is described in the About Us section of the website. See further, the Resources section below.
The relationship between the eight subject-matter NPAs and the Other Federal Jurisdiction NPA
The eight subject-matter NPAs do not exhaust the jurisdiction of the Federal Court of Australia. They are the main bodies of work of the Court. Many other matters may, however, be brought in the Court that do not conveniently fit into these NPAs.
This NPA is designed to encompass cases that do not readily fit into any of the other existing NPAs. For instance, cases may arise under a law of the parliament (s 39B(1A)(c)) of the Judiciary Act 1903 (Cth) 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), or 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. This list is not by any means exhaustive. If the Court has jurisdiction but the matter does not fall within one of the eight NPAs, the matter will be managed within this NPA.
Allocation of matters in this NPA
Under this NPA, depending on the specialised nature of the subject matter, an allocation will be made under the existing protocols for allocation.
The Court will ensure that the judge allocated to manage a case falling within this NPA has particular expertise in the underlying areas of law in the subject of the proceeding.
Areas of law within this NPA
- Defamation Sub-area: The Defamation Sub-area is a Sub-area within the Other Federal Jurisdiction NPA and covers all manner of defamation disputes within federal jurisdiction, including defamation cases that may arise under a law of the Parliament (s 39B(1A)(c) of the Judiciary Act 1903 (Cth)).
By way of illustration, other types of claims that are likely to fall within this NPA include:
- Negligence: such as a claim based in common law negligence against the operator of an offshore petroleum project, seeking compensation for losses caused by environmental damage.
- Civil Aviation: such as a claim for damages (alleged assault) made against an airline company under Article 21(1) of the Convention for the Unification of Certain Rules for International Carriage by Air 1999 and s 9E of the Civil Aviation (Carrier’s Liability) Act 1959 (Cth).
- Election-related disputes: such as a petition referred by the High Court, in its capacity as the Court of Disputed Returns, pursuant to s 329 of the Commonwealth Electoral Act 1918, disputing the validity of an election or return.
- 29 Feb 2024:
De Lange v De Lange  FCA 158
PRACTICE AND PROCEDURE - application for registration of New Zealand judgment under the Trans-Tasman Proceedings Act 2010 (Cth) - requirement to file a hard copy judgment - where electronic copy of judgment filed with application - where hard copy of judgment subsequently filed
Judge: Perram J
- 27 Feb 2024:
Wikeley v Kea Investments Ltd  FCA 155
PRACTICE AND PROCEDURE - applicant obtained interim stay of enforcement of New Zealand judgments which had been registered pursuant to Trans-Tasman Proceedings Act 2010 (Cth) - applicant found to have engaged in fraud in New Zealand judgments - applicant has brought appeal in New Zealand but no stay application - applicant has insufficient assets…
Judge: Downes J
- 20 Feb 2024:
Archbishop Makarios Griniezakis v Morelas  FCA 100
PRACTICE AND PROCEDURE - Rule 2.02 of the Federal Court Rules 2011 (Cth) - section 48 of the Federal Court of Australia Act 1976 (Cth) - application for transfer of proceedings commenced in the New South Wales District Registry to the Victoria District Registry HELD - application dismissed
Judge: Abraham J
- 20 Feb 2024:
Al Muderis v Nine Network Australia Pty Limited (No 2)  FCA 136
PRACTICE AND PROCEDURE - application to set aside subpoenas - objection to the grant of leave to issue further subpoenas - where recipients of subpoenas are said to be journalist's confidential sources - where there exists a court order upholding claim of journalist privilege under s 126K of the Evidence Act 1995 (Cth) - whether subpoenas are an…
Judge: Abraham J
- 20 Feb 2024:
Greiss v Seven Network (Operations) Limited (No 2)  FCA 98
DEFAMATION - where journalist tweeted and media organisation reported that applicant stared down a rape victim and spat at or towards her outside courthouse following sentencing of her assailant and pleaded imputations were admittedly conveyed and defamatory - where respondents pleaded defences of justification, contextual truth and honest opinion …
Judge: Katzmann J
Due to the broad nature of this NPA, practice notes within the Other Federal Jurisdiction NPA will be developed as necessary. The Defamation Sub-area has a dedicated practice note:
- Defamation Practice Note (DEF-1)
Parties should also be familiar with the guiding case management principles in the Central Practice Note (CPN-1).
To the extent relevant, parties should also be familiar with the general practice notes of the Court, including:
Forms, Rules & Fees
Due to the potentially broad range of actions relevant to this NPA it is impractical to provide an exhaustive list of forms and rules. However, below are some of the potentially relevant forms and rules for some proceedings commenced in this NPA:
Parties should consider whether it is necessary to file a Genuine Steps Statement (Form 16) in certain proceedings in this NPA – see r 8.02 of the Federal Court Rules and the Civil Dispute Resolution Act 2011 (Cth) (including sections 6, 7 and 16).
Filing fees for commencing a proceeding in this NPA may apply. Information about Court fees, including the fees payable and circumstances where an exemption or deferral can be given is available in Forms, Fees & Costs or from the Registry.
The following resources may be of assistance in the respect of the subject of the jurisdiction of the Federal Court:
- An introduction to the jurisdiction of the Federal Court of Australia by Justice James Allsop
- Lindgren, K.E., Hanks, P. and Branson, C. M., Federal civil litigation precedents (LexisNexis)
- Cowen and Zines’s federal jurisdiction in Australia, Lindell, G. J (The Federation Press)
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