Other Federal Jurisdiction
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 cases involving the Court acting as a Court of disputed returns. 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 disputing the validity of an election or return - to be heard by the Federal Court as the ‘Court of Disputed Returns’, having such jurisdiction as referred by the High Court, under s 354 of the Commonwealth Electoral Act 1918 (Cth).
Latest Judgments
- 17 May 2022:
Bazzi v Dutton [2022] FCAFC 84
APPEAL AND NEW TRIAL - test for determining whether primary judge erred in finding ordinary reasonable reader would understand defamatory publication conveyed imputation - whether appellant must demonstrate error in finding of fact or error in exercise of discretionary judgment - whether obiter dicta in Gatto v Australian Broadcasting Corporation…
Judge: Rares, Rangiah and Wigney JJ - 16 May 2022:
Roberts-Smith v Roberts [2022] FCA 524
PRACTICE AND PROCEDURE - application for leave to appeal - consideration of cumulative and related criteria in Re Decor Corporation Pty Ltd and Rian Tooling Industries Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 - whether failure to consider or give sufficient weight to matters undermining first respondent's affidavit evidence - whether…
Judge: Wigney J - 11 May 2022:
Roberts-Smith v Fairfax Media Publications Pty Limited (No 34) [2022] FCA 532
PRACTICE AND PROCEDURE -- oral application by Commonwealth of Australia for variation of orders made on 28 March 2022 with respect to conduct of trial -- where existing orders made pursuant to ss 19(3A) and 38B of National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) (s 38B Orders) contain provisions designed to protect…
Judge: Besanko J - 6 May 2022:
B&P Group Pty Ltd v Google LLC [2022] FCA 538
PRACTICE AND PROCEDURE - application for leave to serve originating application seeking preliminary discovery outside Australia pursuant to Div 10.4 of the Federal Court Rules 2011 (Cth) - effective application for leave for substituted service - leave to serve outside Australia granted
Judge: Anderson J - 29 Apr 2022:
Herron v HarperCollins Publishers Australia Pty Ltd [2022] FCAFC 68
DEFAMATION - whether pleaded imputations conveyed by matter complained of - where matter complained of named applicant doctors and later made generalised defamatory assertions as to misconduct not specifically attributed to applicants - whether ordinary reasonable reader would understand imputations conveyed in respect of applicants HIGH COURT AND …
Judge: Rares, Wigney and Lee JJ
Practice Notes
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:
- Expert Evidence (GPN-EXPT)
- Survey Evidence (GPN-SURV)
- Subpoenas and Notices to Produce (GPN-SUBP)
- Access to Documents and Transcripts (GPN-ACCS)
- Costs (GPN-COSTS)
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:
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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.
Legislation
Resources
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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