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 cases involving the Court acting as a Court of disputed returns. 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 disputing the validity of an election or return - to be heard by the Federal Court as the ‘Court of Disputed Returns’, having such jurisdiction as referred by the High Court, under s 354 of the Commonwealth Electoral Act 1918 (Cth).
- 2 Aug 2021:
Roberts-Smith v Fairfax Media Publications Pty Limited (No 21)  FCA 893
PRACTICE AND PROCEDURE -- defamation proceedings -- adjournment of trial -- where respondents have commenced their case -- where an outbreak of COVID-19 has resulted in interstate border closures and major restrictions being imposed in New South Wales -- effects of COVID-19 pandemic on in-person hearings and witnesses' ability to travel -- trial…
Judge: Besanko J
- 30 Jul 2021:
Porter v Australian Broadcasting Corporation  FCA 863
PRACTICE AND PROCEDURE - where parties settled proceeding - where interim suppression and non-publication orders were made - where parties proposed consent orders including order to permanently remove unredacted pleadings from Court file under r 16.21(2) of Federal Court Rules 2011 (Cth) (Court Rules) - where such order is important aspect of…
Judge: Jagot J
- 29 Jul 2021:
Electoral Commissioner of the Australian Electoral Commission v Futter  FCA 876
STATUTES - civil penalty proceedings brought pursuant to the Commonwealth Electoral Act 1918 (Cth) - where respondent was a candidate in a federal election - where respondent failed to make disclosures as required by s 304(2) and s 309(2) of the Electoral Act - where respondent did not take any active steps in proceeding - penalties imposed
Judge: Griffiths J
- 26 Jul 2021:
Jenkings v Northern Territory of Australia (No 4)  FCA 839
PRACTICE AND PROCEDURE - representative proceeding - notification of settlement pursuant to s 33X of the Federal Court of Australia Act 1976 (Cth) - interlocutory application seeking suppression orders over Deed of Settlement and/or settlement sum - application dismissed
Judge: Mortimer J
- 23 Jul 2021:
Tucker v McKee  FCA 828
PRACTICE AND PROCEDURE - jurisdiction of Federal Court of Australia in defamation proceedings - first duty of Court to determine question of jurisdiction - whether there is a matter arising under federal law - whether there is a right, duty or obligation in issue in the matter that owes its existence to federal law or depends upon federal law for…
Judge: Anastassiou J
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:
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:
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.
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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