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.
Illustrative areas of law in this NPA
By way of illustration, some of the following types of claims are likely to fall within this NPA:
- 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.
- Defamation: such as a matter concerning a story broadcast on television and an article published in print and online that was alleged to contain defamatory imputations.
- 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).
- 20 Apr 2018:
Rush v Nationwide News Pty Ltd (No 2)  FCA 550
PRACTICE AND PROCEDURE - application for leave to further amend defence - whether particulars previously struck out of qualified privilege defence can be reintroduced as particulars relevant to mitigation of damages - whether leave should be refused on the basis of discretionary considerations - where grant of leave would cause further delay in…
Judge: Wigney J
- 17 Apr 2018:
Sarina v Fairfax Media Publications Pty Ltd  FCA 521
PRACTICE AND PROCEDURE - defamation - application for summary judgment - where earlier proceedings in the District Court of New South Wales settled by way of deed of release - consideration of general principles as to construction of deeds of release - whether the deed of release operates as a release from liability - whether the terms of the deed …
Judge: Flick J
- 20 Mar 2018:
Rush v Nationwide News Pty Ltd  FCA 357
PRACTICE AND PROCEDURE - interlocutory application - application to strike out particulars of defence - whether particulars of defence should be struck out pursuant to r 16.21(1) of the Federal Court Rules 2011 (Cth) - whether the particulars of the respondent's justification defence are inadequate and insufficient to support the defence - whether …
Judge: Wigney J
- 19 Mar 2018:
Australia and New Zealand Banking Group Limited v State of Queensland  FCA 464
BANKRUPTCY - disclaimer of real property under s 133 of Bankruptcy Act 1966 (Cth) for onerous covenants - application for order under s 133(9) vesting property in mortgagee subject to conditions - whether land escheats to Crown in right of State of Queensland after disclaimer by trustee in bankruptcy - historical and doctrinal basis of escheat -…
Judge: Logan J
- 21 Dec 2017:
Morad v El-Ashey (No 2)  FCA 1612
COSTS - whether applicant should pay respondent's costs on an indemnity or party/party basis - party/party costs ordered.
Judge: Kenny J
Due to the nature of this NPA, the Court, at this time, does not intend to issue a practice note. A practice note or further guiding information will be published on this website as and when needed.
However, parties should always 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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