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.

• 18 Jul 2025: Edwards v Giles George Pty Ltd [2025] FCA 822
  PRACTICE AND PROCEDURE – where applicant’s former solicitors in defamation proceedings claimed an equitable lien over a lump sum costs amount payable to the applicant – where primary judge made orders permitting the applicant’s former solicitors to intervene and for payment of the lump sum amount into court so as to maintain the status quo pending …
  Judge: PERRY J
• 16 Jul 2025: Zhang v Lu [2025] FCA 806
  COSTS – costs of discontinued cross-claim – where discontinuing party liable for costs under r 26.12(7) of the Federal Court Rules 2011 (Cth) subject to contrary order or consent – whether discontinuing party’s impecuniosity a good reason to order that each party bear their own costs – whether consolidated costs order should be made – HELD:…
  Judge: BROMWICH J
• 15 Jul 2025: Morros v Commonwealth Bank of Australia [2025] FCA 800
  PRACTICE AND PROCEDURE – cross applications for summary judgment – applicant seeking relief relating to possession of mortgaged land – controversy concerning the respondent’s entitlement to possess the land already tried and determined in the Supreme Court of South Australia – proceeding in this Court constituting an abuse of process on several…
  Judge: CHARLESWORTH J
• 15 Jul 2025: Pabai v Commonwealth of Australia (No 2) [2025] FCA 796
  NEGLIGENCE – representative proceeding on behalf of Torres Strait Islanders against the Commonwealth of Australia – whether the Commonwealth has a duty to take reasonable steps to protect Torres Strait Islanders from the impacts of climate change – whether impacts of marine inundation and erosion caused property damage, loss of fulfilment of Ailan …
  Judge: WIGNEY J
• 17 Jun 2025: Edwards v Nine Network Australia Pty Limited (No 8) [2025] FCA 639
  PRACTICE AND PROCEDURE – access to documents request by a media organisation pursuant to the Federal Court Rules 2011 (Cth), r 2.32(4) – principles regarding leave to access or inspect documents used or deployed by the Court – access granted PRACTICE AND PROCEDURE – application for a suppression order pursuant to s 37AF of the Federal Court of…
  Judge: WIGNEY J