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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 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:

Latest Judgments


  • 12 Mar 2024: Kisun v New Zealand [2024] FCA 224
    EXTRADITION - where Applicant seeks review under s 35 of the Extradition Act 1988 (Cth) of magistrate's decision to surrender him to New Zealand - where Applicant faces charges of historical child sexual abuse - where Applicant is elderly and cognitively impaired - whether delay unjust or oppressive within meaning of s 34(2)
    Judge: Perram J
  • 8 Mar 2024: Al Muderis v Nine Network Australia Pty Limited (No 3) [2024] FCA 204
    COSTS - where applicant ordered to pay the respondents' costs for an unsuccessful interlocutory application filed by the applicant challenging the respondents' claim of journalist privilege under s 126K(1) of the Evidence Act 1995 (Cth) - where applicant applied by leave to vary the costs order to costs in the cause - where interlocutory…
    Judge: Bromwich J
  • 7 Mar 2024: Tucker v McKee [2024] FCA 199
    PRACTICE AND PROCEDURE -- abuse of process - where the Limitation of Actions Act 1958 (Vic) prescribes a one-year limitation period for defamation actions - where the applicant commenced an action outside the one-year limitation period - where the applicant applied for an extension of time - where the applicant's first application for an extension …
    Judge: Wheelahan J
  • 5 Mar 2024: Peros v Blackburn [2024] FCA 177
    DEFAMATION - application for hearing of separate question on whether claimant suffered serious harm - where application made under r 30.01 of the Federal Court Rules 2011 (Cth) - factors relevant to appropriateness of separate hearing - application refused
    Judge: Derrington J
  • 1 Mar 2024: Moran v Google LLC [2024] FCA 181
    PRACTICE AND PROCEDURE - application for preliminary discovery pursuant to r 7.22 of the Federal Court Rules 2011 (Cth) (Rules) - whether proceedings are of a kind stipulated by the Rules - whether requirements of r 10.42 and r 10.43 of the Rules have been met - whether the prospective applicant has a prima facie case - where Google LLC consents…
    Judge: Halley J

Practice Notes


Due to the broad nature of this NPA, practice notes within the Other Federal Jurisdiction NPA will be developed as necessary. The Defamation Sub-area has a dedicated practice note:

Parties should also 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:

Forms:
Rules:

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.

Resources


The following resources may be of assistance in the respect of the subject of the jurisdiction of the Federal Court:

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