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Federal Court of Australia

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The Federal Court of Australia is the Australian court in which most civil disputes and some summary criminal matters governed by federal law are decided. Cases are heard at first instance by single Judges. There is an appeals division known as the Full Federal Court which comprises three Federal Court Judges. It is on the same position in the Australian court hierarchy as the Supreme Courts in each of the states and the only court above it is the High Court of Australia. On the federal level, it shares the same position as the Family Court of Australia but it is above the Federal Magistrates Court. The court was established in 1976 by the Federal Court of Australia Act.

Original jurisdiction

The Federal Court has no inherent jurisdiction, what jurisdiction it has is given to it by statute. The original jurisdiction of the court includes matters falling under Commonwealth legislation (including trade practices, native title, intellectual property, industrial law, corporations, and bankruptcy).

The Judiciary Act 1903 (Cth) now gives the Federal Court jurisdiction in all matters arising under federal law - this includes a general judicial review power in addition to that granted by the Administrative Decision (Judicial Review) Act 1976 (Cth) and by other statutes which allow for appeals on points of law from various administrative tribunals.

Appellate jurisdiction

The Federal Court of Australia also has appellate jurisdiction from the Federal Magistrates Court on all matters, with the exception of family law, where the Family Court of Australia has appellate jurisdiction. The Court also exercises general appellate jurisdiction in criminal and civil matters on appeal from the Supreme Court of the Australian Capital Territory and the Supreme Court of Norfolk Island. The Court also exercises appellate jurisdiction in appeals from State Supreme Courts in some federal matters.

Current Judges of the Federal Court

As of March 2006 (appointment date in brackets):

Judges based in Sydney

Judges based in Melbourne

Judges based in Brisbane

Judges based in Perth

Judges based in Adelaide

Judge based in Canberra

External links

 


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