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).
- 27 Jan 2021:
Stead v Fairfax Media Publications Pty Ltd  FCA 15
DEFAMATION - proceeding against journalist and publisher of Australian Financial Review in respect of five publications - eight imputations alleged to have been conveyed - applicant a former director and head of venture capital at listed company - journalist published multiple articles critical of applicant and her conduct and calling her a…
Judge: Lee J
- 23 Dec 2020:
The Summit Group (Australia) Pty Ltd v Owners Corporation 1 Plan No PS746020J  FCA 1847
COMMUNICATIONS LAW - application for declaration that carrier entitled to access property to install radio communications antennas and equipment - application for injunction restraining respondents from preventing carrier from carrying out works on property - where carrier gave notice of intention to access property under Telecommunications Act…
Judge: Colvin J
- 14 Dec 2020:
Duma v Fairfax Media Publications Pty Limited  FCA 1792
PRACTICE AND PROCEDURE - applications by applicant and non-party subpoena recipient to set aside subpoenas issued in defamation proceedings at the request of respondents - pleaded imputations of bribery and corruption - where applicant seeks aggravated damages on the basis of the applicant's knowledge of the falsity of the imputations - where the…
Judge: Bromwich J
- 4 Dec 2020:
Arnold Bloch Leibler (a Firm) v Slater & Gordon Limited (No 2)  FCA 1744
COSTS - Costs to follow event of proceeding being dismissed - losing party obtaining some benefit of findings of the Court - no reason not to follow usual rule that costs follow the event.
Judge: Middleton J
- 25 Nov 2020:
Herron v HarperCollins Publishers Australia Pty Ltd (No 3)  FCA 1687
DEFAMATION - alleged defamations arising from chapter in second respondent's book published by first respondent - where imputations relate to applicants' conduct in respect of the administration of deep sleep therapy at Chelmsford Private Hospital - where imputations based on findings of Royal Commission - whether defences of justification,…
Judge: Jagot 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)
To stay up-to-date with news in the Federal Court, including developments in this NPA, subscribe to our email subscription services.
We provide subscriptions to the latest judgments and events (by NPA); Practice News to keep up-to-date with changes to practice and procedure; and Daily Court Listings.