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.

• 10 Jun 2026: Latham v Greenwich [2026] FCAFC 82
  DEFAMATION — publication of a tweet – whether the tweet conveyed imputations in its natural and ordinary meaning or by a true innuendo – ordinary reasonable reader’s understanding of the tweet – imputation that the respondent engaged in disgusting sexual activities conveyed – true innuendo that the respondent was not fit for office not conveyed –…
  Judge: COLVIN, WHEELAHAN AND ABRAHAM JJ
• 2 Jun 2026: Al Muderis v Nine Network Australia Pty Ltd (Grant Costs) [2026] FCA 681
  COSTS – application for review of a decision of a registrar of the Court who determined that a third-party bear their own costs – whether the third party enjoyed success in narrowing down a category in a subpoena – whether the third party should be granted costs of and incidental to an application
  Judge: ABRAHAM J
• 28 May 2026: Electoral Commissioner v Davis [2026] FCA 652
  ELECTIONS – where respondent caused 47,784 pamphlets to be printed and distributed to residences and businesses in the Wentworth division during the 2025 federal election – where respondent failed to include particulars pertaining to his name and address at the end of the communication – where respondent admits he contravened s 321D(5) of the…
  Judge: PERRY J
• 11 May 2026: Australian Securities and Investments Commission v Palmer [2026] FCA 573
  PRACTICE AND PROCEDURE – application for leave to appeal from interlocutory decision dismissing application to strike out of parts of pleading – principles for leave to appeal from interlocutory, discretionary decision on matter of practice and procedure – where pleading alleges state of mind of a body corporate – whether pleading sufficiently…
  Judge: ANDERSON J
• 26 Mar 2026: Dakin v Bellizzi [2026] FCA 488
  PRACTICE AND PROCEDURE – where respondent filed interlocutory application seeking orders the proceeding be dismissed for want of jurisdiction – whether the Federal Court of Australia has jurisdiction of alleged defamatory statements published in New South Wales alone – where the applicant seeks leave to amend originating application – whether…
  Judge: WIGNEY J