Other Federal Jurisdiction

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 referrals from the High Court of Australia, in its capacity as the Court of Disputed Returns, pursuant to s 329 of the Commonwealth Electoral Act 1918. 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.

Areas of law within this NPA

• Defamation Sub-area: The Defamation Sub-area is a Sub-area within the Other Federal Jurisdiction NPA and covers all manner of defamation disputes within federal jurisdiction, including defamation cases that may arise under a law of the Parliament (s 39B(1A)(c) of the Judiciary Act 1903 (Cth)). 
  

By way of illustration, other types of claims that are likely to fall within this NPA include:

• 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.
• 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 referred by the High Court, in its capacity as the Court of Disputed Returns, pursuant to s 329 of the Commonwealth Electoral Act 1918, disputing the validity of an election or return.

• 9 Nov 2026: Civil Aviation Safety Authority v Sky High Helicopters Pty Ltd [2026] FCA 1683
  AVIATION – application under s 30DE of the Civil Aviation Act 1988 (Cth) for order prohibiting respondent from doing anything authorised by its Air Operator’s Certificate or Aerial Work Certificate that, without those authorisations, would be unlawful – where respondent consented to order – where Court required to make order if satisfied that…
  Judge: THAWLEY J
• 2 Nov 2026: Mcintyre v Nine Entertainment Co Pty Limited [2026] FCA 1659
  PRACTICE AND PROCEDURE – where applicant did not respond to any correspondence from the Court – where applicant did not demonstrate service on respondent – where respondent did not file a Notice of Acting – where applicant did not appear at first case management hearing – proceedings dismissed by Court’s own motion
  Judge: COLVIN J
• 30 Oct 2026: Secretary, Department of Health and Aged Care v CDA Clinics QLD Pty Ltd trading as CDA Express [2026] FCA 1623
  HEALTH LAW – where first respondent contravened s 42DLB(1) of the Therapeutic Goods Act 1989 (Cth) by advertising therapeutic goods not entered on the Australian Register of Therapeutic Goods, making prohibited and restricted representations and referring to substances included in Schedule 3, 4 or 8, but not Appendix H, of the Poisons Standard…
  Judge: COLLIER ACJ
• 29 Oct 2026: Gussen v Momentum Media Pty Ltd (No 2) [2026] FCA 1618
  DEFAMATION – applicant alleges articles conveyed numerous defamatory imputations – whether imputations conveyed – whether any imputations defamatory – whether applicant has established serious harm – where no direct evidence of serious harm – where evidence does not allow for inference of serious harm – respondents established defence of fair…
  Judge: ANDERSON J
• 15 Oct 2026: Banjima Native Title Aboriginal Corporation RNTBC v State of Western Australia [2026] FCA 1578
  PRACTICE AND PROCEDURE – application for amendments to the statement of claim that would advance the claims in the proceedings by the native title Aboriginal Corporation as trustee for the native title holders instead of representative applicant and for the proceedings to no longer continue as representative proceedings under Part IVA of the…
  Judge: COLVIN J