Federal Court of Australia

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Federal Court of Australia
Melbourne Federal Court.JPG
In Melbourne, the Federal Court is housed with other federal courts such as the High Court and the Federal Circuit Court of Australia in the Federal Court Building on the corner of La Trobe Street and William Street
Established 1976
Country Australia
Coordinates 33°52′8″S 151°12′42″E / 33.86889°S 151.21167°E / -33.86889; 151.21167Coordinates: 33°52′8″S 151°12′42″E / 33.86889°S 151.21167°E / -33.86889; 151.21167
Authorized by Constitution of Australia Federal Court of Australia Act
Decisions are appealed to High Court of Australia
Website fedcourt.gov.au
Chief Justice
Currently James Allsop

The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) criminal matters. Cases are heard at first instance by single Judges. The Court includes an appeal division referred to as the Full Court comprising three Judges, the only avenue of appeal from which lies to the High Court of Australia. In the Australian court hierarchy, the Federal Court occupies a position equivalent to the Supreme Courts of each of the states and territories. In relation to the other Courts in the federal stream, it is equal to the Family Court of Australia, and superior to the Federal Circuit Court. It was established in 1976 by the Federal Court of Australia Act.

The Chief Justice of the Federal Court is James Allsop.

Jurisdictions[edit]

The Federal Court has no inherent jurisdiction. Its jurisdiction flows from statute.[1][2] The Court's original jurisdiction include matters arising from Commonwealth legislation such as, for example, matters relating to taxation, trade practices, native title, intellectual property, industrial relations, corporations, immigration and bankruptcy.[3][4]

The Federal Court of Australia also has appellate jurisdiction from the Federal Circuit Court of Australia on all matters, with the exception of family law, where the Family Court of Australia has appellate jurisdiction.[5] The Court also exercises general appellate jurisdiction in criminal and civil matters on appeal from the Supreme Court of Norfolk Island;[3][4] and exercises appellate jurisdiction in appeals from State Supreme Courts in some federal matters.[6] Other federal courts and tribunals where the Court exercises appellate jurisdiction include the Australian Sports Anti-Doping Authority,[7] the Australian Human Rights and Equal Opportunity Commission,[8]

Current Judges of the Federal Court[edit]

Judges based in Sydney[edit]

Judges based in Melbourne[edit]

Judges based in Brisbane[edit]

Judges based in Perth[edit]

Judges based in Adelaide[edit]

Judges based in Hobart[edit]

See also[edit]

References[edit]

  1. ^ Section 39B of the Judiciary Act (1903) (Cth)
  2. ^ Section 19 of the Federal Court of Australia Act 1976 (Cth).
  3. ^ a b "The Court's Jurisdiction". Federal Court of Australia. November 2015. 
  4. ^ a b Justice SC Kenny (28 October 2011). "The Evolving Jurisdiction of the Federal Court of Australia". Federal Court of Australia. 
  5. ^ Sections 24 (civil) and 30AA (criminal) of the Federal Court of Australia Act 1976 (Cth).
  6. ^ see for example section 565 of the Fair Work Act 2009.
  7. ^ "James Hird's Federal Court appeal against ASADA investigation dismissed". ABC News. Australia. 30 January 2015. Retrieved 10 May 2016. 
  8. ^ B.M.S. vs Australia, CERD/C/54/D/8/1996, cl. 2.6 (Committee on the Elimination of Racial Discrimination 12 March 1999) (“The Australian Government and the AMC appealed the decision of the HREOC. On 17 July 1996, the Federal Court of Australia ruled in their favour.”).
  9. ^ "Biography of Justice Katzmann". Federal Court of Australia. Retrieved 30 April 2013. 
  10. ^ Byrnie, Gwen (24 September 2007). "Introducing the first Northern Territory-based Federal Court judge". Crikey. Retrieved 10 May 2016. 

External links[edit]