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).
- 29 Sep 2017:
Goodfellow v Fairfax Media Publications Pty Limited  FCA 1152
PRACTICE AND PROCEDURE - application to strike out defamatory imputations pleaded in statement of claim - application for separate trial on question of the form of the defamatory imputations as pleaded - whether publication capable of conveying the pleaded imputations - whether pleaded imputations are "bad in form"
Judge: Wigney J
- 28 Sep 2017:
Rana v Google Inc  FCAFC 156
FEDERAL JURISDICTION - jurisdiction of Federal Court - claims brought for defamation, contravention of the Australian Consumer Law and negligence - claim earlier made against Commonwealth for judicial review - primary judge struck out ACL claims and concluded that Federal Court lacked jurisdiction to hear and determine defamation claims - primary…
Judge: Allsop CJ, Besanko and White JJ
- 22 Sep 2017:
Morad v El-Ashey  FCA 1136
COMMUNICATIONS LAW - alleged breaches of the Telecommunications (Interception and Access) Act 1979 (Cth) - whether emails were accessed while "passing over" a telecommunications system - whether respondent could have accessed a "stored communication" PRACTICE AND PROCEDURE - application for summary judgment under s 31A of the Federal Court of…
Judge: Kenny J
- 18 Aug 2017:
Thunder Studios Inc (California) v Kazal (No 3)  FCA 1170
CONTEMPT OF COURT - where respondent in contempt of court in proceedings in which he sought to file a defence out of time - where respondent had not purged contempt or shown any contrition or acknowledgement of Court's authority - principle that party in contempt of Court ordinarily will not be heard in proceedings in relation to which contempt…
Judge: Rares J
- 31 Jul 2017:
Kazal v Thunder Studios Inc (California)  FCAFC 111
CONTEMPT OF COURT - appeal from orders made by primary judge on conviction and sentences of imprisonment for six convictions for contempt of court - where appellant had been found guilty of contempt of consent orders and contempt by improper pressure on a party to proceedings involving the likelihood of interference with the due administration of…
Judge: Besanko, Wigney and Bromwich JJ
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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