The Chief Executive Officer and Principal Registrar of the Federal Court of Australia, together with officers and staff identified under the Federal Court of Australia Act 1976 (Cth), the Federal Circuit and Family Court of Australia Act 2021 (Cth) and the Native Title Act 1993 (Cth), constitute a single statutory agency for the purposes of the Public Service Act 1999 (Cth).

Employees are engaged to work in support of the following Courts or Tribunal:

• Federal Court of Australia
• Federal Circuit and Family Court of Australia (Division 1)
• Federal Circuit and Family Court of Australia (Division 2), and
• National Native Title Tribunal.

The Federal Court of Australia, the Federal Circuit and Family Court of Australia (Division 1) and the Federal Circuit and Family Court of Australia (Division 2) are each separate Chapter III courts and each maintain a distinct statutory identity, with separate Heads of Jurisdiction, independent administrations, separate functions and judicial independence.

   

Federal Court of Australia Entity and programs

Figure 1: Federal Court of Australia Entity and programs

The Federal Court of Australia Entity has four programs:

Program 1.1: Federal Court of Australia (including the National Native Title Tribunal)

Program 2.1: Federal Circuit and Family Court of Australia (Division 1)

Program 3.1: Federal Circuit and Family Court of Australia (Division 2)

Program 4.1: Commonwealth Courts Corporate Services

Program 4.2: Commonwealth Courts Registry Services

Program 1.1: Federal Court of Australia

The Federal Court of Australia was created by the Federal Court of Australia Act 1976 and began to exercise its jurisdiction on 1 February 1977. It assumed jurisdiction formerly exercised in part by the High Court of Australia and the whole jurisdiction of the Australian Industrial Court and the Federal Court of Bankruptcy.

The Federal Court of Australia is a superior court of record and a court of law and equity. It sits in all capital cities and elsewhere in Australia from time to time. The Court’s jurisdiction is broad, covering almost all civil matters arising under Australian federal law and some summary and indictable criminal matters.

The Court’s workload is organised by National Practice Areas and, where applicable, sub-areas based on established areas of law.

The Chief Justice is the senior judge of the Court and is responsible for managing the business and administrative affairs of the Court. The Chief Justice is assisted by the Chief Executive Officer and Principal Registrar, who is appointed by the Governor-General on the nomination of the Chief Justice.

The Federal Court of Australia has a substantial and diverse appellate jurisdiction. It hears appeals from decisions of single judges of the Court, decisions of the Federal Circuit and Family Court of Australia (Division 2) in non-family law matters, decisions of the Supreme Court of Norfolk Island and certain decisions of state and territory supreme courts exercising federal jurisdiction.

Since July 2012, the Federal Court of Australia has had responsibility for corporate administration of the National Native Title Tribunal, however the Tribunal remains an independent body established by the Native Title Act 1993.

The Honourable Debra Mortimer
CHIEF JUSTICE

Sia Lagos
CHIEF EXECUTIVE OFFICER AND PRINCIPAL REGISTRAR

Program 1.1 (cont’d): National Native Title Tribunal

The Native Title Act 1993 established the National Native Title Tribunal as an independent body with a wide range of functions. The Native Title Act 1993 is a special measure for the advancement and protection of Aboriginal peoples and Torres Strait Islanders and is intended to advance the process of reconciliation amongst all Australians.

The purpose of the native title scheme, established by the Native Title Act 1993, is to provide for the recognition and protection of native title, establish a mechanism for determining claims to native title, and establish ways in which future dealings affecting native title (future acts) may proceed.

The National Native Title Tribunal has numerous functions designed to assist in serving that purpose. In particular, it has responsibilities in connection with the processing of applications for determinations as to the existence or non-existence of native title over identified parcels of land, and with applications for compensation payable pursuant to the Native Title Act 1993.

The National Native Title Tribunal has functions in connection with future acts as defined in section 233 of the Native Title Act 1993.

The functions also include post-determination assistance to common law holders and their corporations to provide conflict resolution that assists in achieving outcomes from the determined native title.

The President is responsible for managing the administrative affairs of the National Native Title Tribunal with the assistance of the Federal Court CEO and Principal Registrar.

The President may delegate their powers under the Native Title Act 1993.

Kevin Smith
PRESIDENT

Katie Stride
NATIVE TITLE REGISTRAR

Program 2.1: Federal Circuit and Family Court of Australia (Division 1)

The Federal Circuit and Family Court of Australia (Division 1) was established as the Family Court of Australia in 1975. In 2021, pursuant to the Federal Circuit and Family Court of Australia Act 2021, the Court was renamed and continued in existence as the Federal Circuit and Family Court of Australia (Division 1), as part of a legislative reform that aligned the operations of the Family Court of Australia and the Federal Circuit Court of Australia. This included the introduction of a legislative single point of entry for family law matters, which are all filed in the Federal Circuit and Family Court of Australia (Division 2) at first instance.

These reforms received Royal Assent on 1 March 2021 and commenced on 1 September 2021.

The Federal Circuit and Family Court of Australia (Division 1) is a superior court of record and a court of law and equity established by Parliament in 1975 under Chapter III of the Constitution. The objective of the Federal Circuit and Family Court of Australia (Division 1) is, through its specialist judges, registrars and staff, to assist Australians to resolve the most complex family disputes and family law appeals by deciding such matters according to the law, as promptly, courteously and effectively as possible.

The Court exercises original and appellate jurisdiction in family law, including in a number of highly specialised areas. From 1 September 2021, the Court’s original jurisdiction is enlivened by the transfer of cases from the Federal Circuit and Family Court of Australia (Division 2). These matters include those with the most complex law, facts and parties, including cases arising under the regulations implementing the Hague Convention on the Civil Aspects of International Child Abduction.

The Court provides national coverage as the appellate court in family law matters, including hearing appeals from decisions of single judges of the Court, from judges of the Federal Circuit and Family Court of Australia (Division 2) in family law matters, the Family Court of Western Australia and state and territory courts exercising family law jurisdiction. The Court maintains registries in all states and territories except Western Australia, including in regional locations.

The Chief Justice is responsible for managing the business and administrative affairs of the Court, assisted by the Deputy Chief Justice. The Chief Justice is assisted by the Chief Executive Officer and Principal Registrar, who is appointed by the Governor-General on the nomination of the Chief Justice.

The Honourable William Alstergren AO
CHIEF JUSTICE DIVISION 1

The Honourable Robert McClelland AO
DEPUTY CHIEF JUDGE DIVISON 1

David Pringle
CHIEF EXECUTIVE OFFICER AND PRINCIPAL REGISTRAR: DIVISON 1 & DIVISON 2

Program 3.1: Federal Circuit and Family Court of Australia (Division 2)

The Federal Circuit and Family Court of Australia (Division 2) was established as the Federal Magistrates Service in 2000, and later became the Federal Circuit Court of Australia. In 2021, pursuant to the Federal Circuit and Family Court of Australia Act 2021, the Court was renamed and continued in existence as the Federal Circuit and Family Court of Australia (Division 2).

The Federal Circuit and Family Court of Australia (Division 2) is a federal court of record and a court of law and equity established by Parliament as an independent federal court under Chapter III of the Constitution.

The jurisdiction of the Court is best described by reference to three main areas: family law and child support, migration law, and a broad range of general federal law areas of jurisdiction including administrative law, admiralty law, bankruptcy, consumer law, human rights, industrial law, intellectual property and privacy. The Court shares these jurisdictions with the Federal Circuit and Family Court of Australia (Division 1) (in respect of family law and child support) and the Federal Court of Australia (in respect of migration and general federal law).

Since 1 September 2021, the Court operates as the single point of entry for the filing of all family law applications, and matters may be transferred to the Federal Circuit and Family Court of Australia (Division 1) where considered appropriate based on their complexity.

The objective of the Court is to provide timely access to justice and resolve disputes in all areas of law in an efficient and cost-effective manner, using appropriate dispute resolution processes. The provisions of the Federal Circuit and Family Court of Australia Act 2021 enable the Court to operate as informally as possible in the exercise of judicial powers, use streamlined procedures and make use of a range of dispute resolution processes to resolve matters without the need for judicial decisions, where appropriate.

The Court sits in all capital cities and certain major regional centres in all of the areas in which the court has jurisdiction. The Court also circuits to a number of regional and rural locations in family law. It deals with a high volume of matters and delivers services to regional Australia through its regular circuit court program, in addition to utilising technology to facilitate access to the Court where appropriate.

The Chief Judge is responsible for managing the business and administrative affairs of the Court, assisted by the Deputy Chief Judge (Family Law) and the Deputy Chief Judge (General and Fair Work). The Chief Judge is assisted by the Chief Executive Officer and Principal Registrar, who is appointed by the Governor-General on the nomination of the Chief Justice.

The Honourable William Alstergren AO
CHIEF JUDGE DIVISION 2

The Honourable Robert McClelland AO
DEPUTY CHIEF JUDGE DIVISION 2

The Honourable Patrizia Mercuri
DEPUTY CHIEF JUDGE DIVISON 2
(GENERAL AND FAIR WORK)

Program 4.1: Commonwealth Courts Corporate Services

The Courts Administration Legislation Amendment Act 2016 (Cth) established the Commonwealth Courts Corporate Services program from 1 July 2016.

Corporate Services includes finance, human resources, security, risk oversight and management, communications, information technology, business intelligence, property and procurement, library, information management and judgment publishing.

The shared corporate services body is managed by the Accountable Authority, which is the Federal Court’s CEO and Principal Registrar. The Accountable Authority consults with the heads of jurisdiction and the CEO and Principal Registrar of the Federal Circuit and Family Court of Australia (Division 1) and the Federal Circuit and Family Court of Australia (Division 2) in relation to the performance of this function. Details relating to corporate services and consultation requirements are set out in a memorandum of understanding.

Corporate Services aims to generate efficiencies by consolidating certain resources and infrastructure, streamlining processes and reducing duplication.

Sia Lagos
CHIEF EXECUTIVE OFFICER AND PRINCIPAL REGISTRAR:
COMMONWEALTH COURTS CORPORATE SERVICES & REGISTRY SERVICES

Marnie Williams
EXECUTIVE DIRECTOR STRATEGY AND CORPORATE SERVICES:
COMMONWEALTH COURTS CORPORATE SERVICES & REGISTRY SERVICES

Program 4.2: Commonwealth Courts Registry Services

The registry services functions for the Federal Court and the Federal Circuit and Family Court were amalgamated into a single program under Outcome 4 (Program 4.2) known as the Commonwealth Courts Registry Services (also known as Court and Tribunal Services).

This provides an opportunity to shape the delivery of administrative services and stakeholder support across the Entity in a more innovative and efficient manner. A continued focus on maximising registry operational effectiveness through streamlined structures, such as the implementation of a national virtual registry and digital innovations will significantly contribute to the future financial sustainability of the Courts.

A national approach, where appropriate, helps to ensure the quality and productivity of registry services. It also builds consistency in registry practices across locations, while having regard to any specific needs of individual areas or demographics, in order to support the work of the judges and registrars, and needs of litigants.

In the 2023–24 financial year, the provision of translation and interpreter services will be the subject of a market tender, and planned replacement and upgrades of key business applications will improve service delivery outcomes for court users.