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.

• 28 Aug 2025: EOF25 v Talbot [2025] FCA 1091
  PRACTICE AND PROCEDURE – consideration of the principles that must be applied when considering the continuation of a suppression or non-publication order and pseudonym – significant risk of major depressive disorder if applicant is identified – orders necessary to protect the applicant’s safety
  Judge: WIGNEY J
• 4 Sep 2025: Roberts-Smith v Fairfax Media Publications Pty Ltd (Costs) [2025] FCAFC 122
  COSTS – where costs are sought to be assessed on an indemnity and lump sum basis – where trial judge made findings that imputations were substantially true – where on appeal the appellant did not seek to prove the imputations were not true – where on appeal the appellant sought to demonstrate the respondents had not sufficiently discharged their…
  Judge: PERRAM AND KENNETT JJ
• 28 Aug 2025: Edwards v Nine Network Australia Pty Limited (No 9) [2025] FCA 1042
  PRACTICE AND PROCEDURE – applicant’s application for recusal on the ground of apprehended bias – consideration of legal principles concerning apprehended bias – no sound basis for allegation of bias established – application dismissed PRACTICE AND PROCEDURE – application for remaining issues to be cross-vested to the Supreme Court of New South…
  Judge: WIGNEY J
• 27 Aug 2025: Anderson v Child Support Registrar [2025] FCA 1022
  PRACTICE AND PROCEDURE – where child support debt assessed as owing to Commonwealth – whether order for discovery should be granted prior to commencing proceedings – r 7.23 Federal Court Rules 2011 (Cth) – whether material requested relevant to legal question – whether reasonable belief there may be right to obtain relief – whether sufficient…
  Judge: COLLIER J
• 6 Aug 2025: Palmer v Lazar, in the matter of Lazar (Bankrupt) (No 2) [2025] FCA 967
  BANKRUPTCY AND INSOLVENCY – application to compel the transfer of property to the trustee in bankruptcy – where the bankrupt failed to engage with the trustee and Court – trustee presently unable to gather-in sufficient funds to discharge the bankrupt estate – property received as distribution of deceased estate – no steps taken to transfer title…
  Judge: WIGNEY J