Subject to there being sufficient
business, sittings of a Full Court of the Federal Court
of Australia will be held in all
capital cities within the periods indicated below:
2008
11 February – 7 March 2008
5 - 30 May 2008
4 - 27 August 2008
3 - 28 November 2008
2009
9 February – 6 March 2009
4 - 29 May 2009
3 - 26 August 2009
2 - 27 November 2009
Any urgent matter may be transferred to a place of sitting other than that at which the matter was heard at first instance.
If the circumstances require it, a Full Court may sit to hear appeals on dates other than those listed.
Jurisdiction
The jurisdiction
of the Full Court of the Federal Court of Australia includes:
1. Appeals
from decisions of a single Judge of the Federal Court,
either interlocutory or final.
A party may appeal from a final
judgment of a single Judge within the time period set
by Order 52 Rule 5, 10 or 15 of the Federal Court Rules
or the relevant legislation. If a party wishes to appeal
from an interlocutory decision of a single Judge, leave
of the Court is required.
2.
Appeals from other courts (in limited circumstances)
Pursuant to section 24(1) of the Federal Court of Australia
Act 1976, the Court has jurisdiction to hear and
determine: (b) appeals from judgments of the Supreme Court
of a Territory (other than the Australian Capital Territory
or the Northern Territory); and (c) in such cases as are
provided by any other Act, appeals from judgments of a
court (other than a Full Court of the Supreme Court) of
a State, the Australian Capital Territory or the Northern
Territory, exercising federal jurisdiction. The circumstances
in which the Federal Court may hear appeals from other
courts depends on the provisions of the relevant legislation.
3. Appeals
from tribunals constituted by a judge or presidential
member.
The jurisdiction to hear and determine appeals from decisions
of the Administrative Appeals Tribunal may be exercised
by the Full Court in certain circumstances. If the appeal
is from the decision of a presidential member, the Chief
Justice may consider it appropriate for the appeal to
be heard and determined by a Full Court pursuant to s
44(3) of the Administrative Appeals Tribunal Act 1975.
The Court's jurisdiction must be exercised by a Full
Court if the appeal is from a member of the tribunal who
is a judge.
4.
Matters remitted from the High Court of Australia.
Writs seeking prerogative relief
against decisions of the Industrial Relations Commission
must be determined by a Full Court if the functions of
the commission were exercised by a presidential member
(Section 415 of the Workplace Relations Act 1996).
Order 51A of the Federal Court Rules
deals with the procedure for matters remitted from the
High Court to the Federal Court of Australia.
5. Appeals from a decision of a
Federal Magistrate
Section 25(1A) of the Federal
Court of Australia Act 1976 requires
that the appellate jurisdiction of the Court in relation
to an appeal from a judgment of a federal magistrate is
to be exercised by a Full Court unless the Chief Justice
considers that it is appropriate for the appellate jurisdiction
of the Court in relation to the appeal be exercised by
a single judge.
Therefore all appeals and applications
from the Federal Magistrates Court are referred to the
Chief Justice for his consideration.
The rules of the Federal Court apply
to these appeals: see Order 52 of the Federal Court Rules.
Procedure for Appeals Generally
Order 52 of the Federal Court Rules
deals with Full Court appeals.
Practice Note No. 1 (revoked and replaced
by Practice Note No. 1 dated 14 August 2003) deals with
the conduct of appeals by litigants and representatives.
Appeals are to be filed in the
registry in which the original matter was heard (Order
52, rule 12). Upon filing, a notice of appeal is generally
assigned a callover date and a date for settling of the
index of appeal books.
Listings for Full Court sittings
Part A of Practice Note No. 1 deals with
the procedures to be followed for Full Court callovers
in each State and Territory and other listings information.
There are four scheduled Full Court sittings per year.
Each sittings is usually four weeks in duration.
The callover judge may also make or vary
orders for the filing of outlines of submissions and lists
of authorities in accordance with Part B of Practice Note
No. 1 and Practice Note 19. When no orders are
made regarding the filing of written submissions, Practice Note No. 1 applies.
Parties in all States and Territories
are required to submit a status report prior to the callover
(on a date notified in writing), to assist in the allocation
process. Parties will be issued with a status report at
a time close to the callover.
The usual cut-off date for the inclusion
of cases in the callover is seven days prior to the callover.
Appeals outside that time wishing to be heard in the nearest
sitting period should be accompanied by an application
for an urgent hearing (see below).
Settling the
index for the appeal book
Before the hearing of the appeal, a registrar
will, with the help of the parties, determine the documents
to be included in the appeal book. An appointment to settle
the appeal papers is given at the time of filing. The
registrar will also determine the likely duration of the
hearing, the next callover date, and the number of copies
of the appeal books to be filed by a fixed date. Parties
should make themselves familiar with Order 52 rules 24-28
of the Federal
Court Rules.
Fees
A notice of appeal attracts the
prescribed fee for appeals. A setting down fee is also
payable when the matter is listed for hearing. In some
cases, daily hearing fees will also be payable.
Please consult the fees page of this site for more detailed
fees information.
Urgent
Hearings
A party may seek an order that
an appeal or other application be expedited and heard
by a Full Court outside the published dates for Full Court
sittings. An application for an expedited hearing should
be accompanied by an affidavit evidencing urgency.
Parties requiring further information
regarding urgent applications should contact the local registry of the Federal Court.
Further information
For information of a general nature
please contact the Federal Court officer in charge of
appeals at your nearest Federal Court Registry.
