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).
- 13 Nov 2018:
Nyoni v Shire of Kellerberrin (No 11)  FCA 1734
COSTS - where Full Court held first and second respondents liable for tort of misfeasance in public office - where Full Court remitted matter for assessment of damages and questions of costs - where damages awarded in the total sum of $30,000 - where more favourable Notice of Offer to Compromise served on applicant in 2014 under Pt 25 of the…
Judge: Barker J
- 12 Nov 2018:
National Disability Insurance Agency v SSBV by his Litigation Guardian  FCAFC 197
PRACTICE AND PROCEDURE - appeal from orders made below - whether the orders reveal erroneous reliance on non-relevant provisions of the National Disability Insurance Scheme Act 2013 (Cth) - whether to make declaratory orders
Judge: Griffiths, Mortimer and Wheelahan JJ
- 9 Nov 2018:
Jenkings v Northern Territory of Australia (No 2)  FCA 1706
PRACTICE AND PROCEDURE - application for striking out of particular paragraphs in the Statement of Claim pursuant to r 16.21 of the Federal Court Rules 2011 (Cth) (the FCR) - whether the Statement of Claim sufficiently pleads the necessary material facts - particular paragraphs struck out. PRACTICE AND PROCEDURE - application for discovery…
Judge: White J
- 8 Nov 2018:
Nyoni v Pharmacy Board of Australia  FCA 1707
PRACTICE AND PROCEDURE - application for leave to appeal - application seeking to appeal an interlocutory decision made by a single judge exercising appellate jurisdiction - where the Federal Court lacked jurisdiction to hear and determine the proposed appeal - application treated as an application to vary or set aside the interlocutory orders…
Judge: McKerracher J
- 7 Nov 2018:
Hanson-Young v Leyonhjelm  FCA 1688
PRACTICE AND PROCEDURE - application to strike out Statement of Claim under r 16.21 of the Federal Court Rules 2011 (the FCR) - claim that the defamatory imputations are pleaded as "particulars" rather than "substantive averments" - pleading sufficiently discloses the case that the Respondent must meet at trial and discloses a reasonable cause of…
Judge: White 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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