Other Federal Jurisdiction
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:
- 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.
Latest Judgments
- 16 May 2025:
Roberts-Smith v Fairfax Media Publications Pty Limited (Appeal) [2025] FCAFC 67
DEFAMATION – where respondents published articles making imputations that appellant committed serious criminal offences including war crimes while fighting with Australian forces in Afghanistan – where imputations of appellant’s involvement in murders and related matters found to be substantially true – where primary judge upheld defence of…
Judge: PERRAM, KATZMANN AND KENNETT JJ - 30 Apr 2025:
Roberts-Smith v Fairfax Media Publications Pty Ltd (Privilege judgment) [2025] FCA 499
PRACTICE AND PROCEDURE – application to inspect and copy document – legal professional privilege – implied waiver – whether the second respondent’s evidence is inconsistent with the maintenance of confidentiality in the document – waiver not established – application dismissed
Judge: ABRAHAM J - 1 May 2025:
Roberts-Smith v Fairfax Media Publications Pty Ltd (Admission of Recording) [2025] FCAFC 68
EVIDENCE – where a recording was allegedly made without the consent of both parties and was alleged to reveal a miscarriage of justice in the proceedings – whether the probative value of the recording is substantially outweighed by the danger that the recording might be unfairly prejudicial to the respondents – whether the desirability of…
Judge: PERRAM, KATZMANN AND KENNETT JJ - 16 May 2025:
Roberts-Smith v Fairfax Publications Pty Limited (Reopening Application) [2025] FCAFC 66
PRACTICE AND PROCEDURE – interlocutory application to reopen appeal after hearing of appeal and months after judgment had been reserved, to amend notice of appeal and to adduce further evidence to support additional grounds – where appellant alleged that new evidence showed that the trial miscarried by reason of wilful misconduct of one respondent …
Judge: PERRAM, KATZMANN AND KENNETT JJ - 15 May 2025:
Mond v The Age Company Pty Limited (pre-judgment interest) [2025] FCA 495
COSTS – pre-judgment interest – whether pre-judgment interest should be calculated at rate provided for in Practice Note on Interest on Judgments – GPN-INT – s 51A(1) of the Federal Court of Australia Act 1976 (Cth) – interest on damages for non-economic loss – appropriate rate of interest is not “commercial rate” – applicant’s harm continuing but …
Judge: WHEELAHAN 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:
- Defamation Practice Note (DEF-1)
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:
- Expert Evidence (GPN-EXPT)
- Survey Evidence (GPN-SURV)
- Subpoenas and Notices to Produce (GPN-SUBP)
- Access to Documents and Transcripts (GPN-ACCS)
- Costs (GPN-COSTS)
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:
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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.
Legislation
Resources
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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