Introduced with the federal circuit and family court of australia bill 2019, the bill amends. The group members to whom this proceeding relates are persons who. Ltd dna, dna engaged in misleading and deceptive conduct and acted in contravention of various provisions of part v of the trade practices act 1974 cth in. The commonwealth industrial court, known as the australian industrial court from 1973, was a specialist court to deal with industrial matters, principally the enforcement of awards and orders of the commonwealth conciliation and arbitration commission. Judiciary amendment bill 1976 explanatory memorandum. Dec 04, 2019 practice and procedure representative action orders where s 33zf of federal court of australia act 1976 cth and s 183 of civil procedure act 2005 nsw provide that in representative proceeding court may make any order court thinks appropriate or necessary to ensure justice is done in proceeding where representative proceedings commenced in federal court of australia and. The evolving jurisdiction of the federal court of australia. Federal court of australia act 1976 part vigeneral, ss 53a54b 53a arbitration, mediation and alternative dispute resolution processes 1 the court may, by order, refer proceedings in the court, or any part of them or any. Federal court of australia powers restriction of publication of evidence section 50 of federal court of australia act 1976 cth the act provided federal court may make such order forbidding or restricting publication of evidence as appears necessary to prevent prejudice to administration of justice or the security of the commonwealth forensic decision to tender. Federal court of australia act 1976 maurice blackburn. Practice and procedure representative action orders where s 33zf of federal court of australia act 1976 cth and s 183 of civil procedure act 2005 nsw provide that in representative proceeding court may make any order court thinks appropriate or necessary to ensure justice is done in proceeding where representative proceedings commenced in federal court of australia and. Native title act 1995 cth ss 47b, 55, 56, 57, 61, 66, 66b, 87, 87a, 225 federal court of australia act 1976 cth ss 37m, 37n. Federal court of australia act 1976 sect 37ao making vexatious proceedings orders 1 this section applies if the court is satisfied.
Federal circuit court chief executive officer means the chief executive officer and principal registrar of the federal circuit court of australia. Questions common to claims of group members the questions of law or fact common to the claims of the group members are. Federal circuit and family court of australia consequential. Such further or other relief as the court determines is appropriate. Bankruptcy act 1966 cth corporations act 2001 cth federal court of australia. Questions common to claims of group members the questions of law or fact common to the claims of the applicants and group members are. Federal court of australia owen dixon commonwealth law courts building 305 william street melbourne vic 3000 name of class member, a class member in this representative proceeding, gives notice under section 33j of the federal court of australia act 1976, that name of class member is opting out of the representative proceeding. Bankruptcy act 1966 cth corporations act 2001 cth federal court of australia act 1976 cth income tax assessment act 1936 cth. Immunity is conferred on the mediator or arbitrator by s 53c.
Amcor ltd v construction, forestry, mining and energy union. He denied the allegations of misconduct and his evidence was not challenged. Treasury laws amendment strengthening corporate and financial sector penalties act 2019 cth schs 1, 2. That evidence was not inherently implausible and i. Associated and accrued jurisdiction and the federal court. The court may grant summary judgment against a party pursuant to r 26. Federal court of australia act 1976 cth ss 201a and 21 workplace relations act 1996 cth ss 241, 245, 246, 247a, 249. The parties are expected to discuss the utility of any such adr mechanism in their case. Public governance, performance and accountability consequential. Federal court of australia act 1976 sect 21 declarations of. The federal court of australia is an australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law with the exception of family law matters, along with some summary less serious criminal matters. Australia federal court of australia act 1976 156, 1976. Over time it took on more matters and its judges were allocated a wide range of judicial tasks until it was replaced in 1977 by the federal.
Damages in an aggregate amount pursuant to s 33z1f of the federal court of australia act 1976 cth. Federal court of australia act 1976 sect 37ao making. Federal circuit court of australia fact sheet expert witnesses in family law this fact sheet provides information about the different types of experts working in the family court of australia and federal circuit court of australia. Application of the criminal code part iifederal court of australia division 1. Federal court of australia act 1976 cth, the chief justice has directed that the jurisdiction of the court be exercised by a full court on the basis that the matter is of sufficient importance to justify that course. Corporations act and, if so, what is the proper method of assessment of that loss or damage. This is a compilation of the federal court of australia act 1976 as amended and in force on 1 july 2014. Federal court of australia act 1976 cth in a form approved by the court.
Public governance, performance and accountability consequential and transitional provisions. Federal court of australia act 1976 table of provisions long title part ipreliminary 1. Federal court of australia act 1976 sect 21 declarations of right 1 the court may, in civil proceedings in relation to a matter in which it has original jurisdiction, make binding declarations of right, whether or not any consequential relief is or could be claimed. The federal court has determined that by a notice sent to you in about july 2003 by domain names australia pty. Family consultants the role of a family consultant is defined under sections 11 a11f of the family law act 1975. Jun 16, 2010 federal court of australia powers restriction of publication of evidence section 50 of federal court of australia act 1976 cth the act provided federal court may make such order forbidding or restricting publication of evidence as appears necessary to prevent prejudice to administration of justice or the security of the commonwealth forensic decision to tender documents in. Post tagged with bills of costs, discretionary items, federal court, legal costs, s 37m federal court of australia act 1976, s 37n federal court of australia act 1976, schedule 3.
Bmw australia ltd v brewster high court of australia. Federal court of australia act 1976 cth fca act australian. It includes any amendment affecting the legislation to that date. Expert witnesses in family law federal circuit court of. In that process, i was informed that superior ips lawyer. The notes at the end of this compilation the endnotes include information. Federal court of australia act 1976 sect 4 interpretation in this act, unless the contrary intention appears. This application is made under sections 19 and 21 of the federal court of australia act 1976 cth fca act, sections 12gba1, 12gj1 and 12glb1a of the australian securities and investments commission act 2001 cth asic act, and section 1101b of the corporations act 2001 cth corporations act.
Construction, forestry, mining and energy union v bhp coal pty ltd 2017 fcafc 50. Federal court of australia act 1976 sect 24 appellate. The federal court of australia act 1976 cth created the federal court 20 as a court of limited original and appellate jurisdiction. Federal court of australia act 1976 sect 35a powers of. Federal court of australia act 1976 sect 33 appeals to high court 1 the jurisdiction of the high court to hear and determine appeals from judgments of the court, whether in civil or criminal matters, is subject to the exceptions and regulations prescribed by this section.
Form 129 in the federal court of australia victoria. The federal court also has general authority, under s. This is a compilation of the federal court of australia act 1976 that shows the text of the law as amended and in force on 1 july 2016 the compilation date. Federal court of australia act 1976 part vigeneral, ss. Federal register of legislation australian government. Bankruptcy regulations means the bankruptcy regulations 1996. Federal court of australia act 1976 federal register of legislation. Federal court of australia act 1976 cth ss 37m, 37n cases cited. Industrial law s 961 of the fair work act 2009 cth calculation of entitlement to paid personalcarers leave meaning of the word day legislation. Cases are heard at first instance by single judges. The federal court of australia the federal court of australia was created by the federal court of australia act 1976 and began to exercise its jurisdiction on 1 february 1977. Hogan v australian crime commission high court of australia. Commonwealth of austrlia law comlaw, attorneygenerals department, australia pdf pdf doc.
Section 31a3 of the federal court of australia act 1976 cth relevantly provides that a defence need not be. Federal court of australia act 1976 sect 35a powers of registrars 1 subject to subsection 2, the following powers of the court may, if the court or a judge so directs, be exercised by a registrar. Drury on behalf of the nanda people v state of western. Federal court of australia act 1976 sect 33 appeals to. The proceeding is concerned with how the entitlement to paid personalcarers leave is. Construction, forestry, mining and energy union v bhp coal pty ltd acn 010 595 721, qud 19 of 2015, order dated 19 august 2016 file number. In the federal court of australia queensland district registry fair work division qud 83 of2011. Federal courts state jurisdiction act 1999 western australian. The parties are expected to discuss the utility of. Jul 25, 2019 this application is made under sections 19 and 21 of the federal court of australia act 1976 cth fca act, sections 12gba1, 12gj1 and 12glb1a of the australian securities and investments commission act 2001 cth asic act, and section 1101b of the corporations act 2001 cth corporations act. Federal court of australia act 1976 sect 59 rules of court. Federal court of australia act 1976 part vigeneral, ss 53a54b.
Such further or other order as the court thinks fit. The applicant brings this application as a representative party under part iva of the federal court of australia act 1976 cth. Interest pursuant to s 51a of the federal court of australia act 1976 cth. Established by legislation, the federal court federal court of australia act 1976 cth has original jurisdiction as vested by legislation eg. Federal court of australia act 1976 federal register of. Federal court of australia act 1976 sect 33 appeals to high. Federal court of australia act 1976 cth s 241a federal court rules o 52 r 10 convention relating to the status of refugees. The court is a superior court of limited jurisdiction, but below the high court of australia in the hierarchy of federal courts, and was created by the federal court of australia act in 1976.
Federal court of australia act 1976 sect 59 rules of court 1 the judges of the court or a majority of them may make rules of court, not inconsistent with this act, making provision for or in relation to the practice and procedure to be followed in the court including the practice and procedure to be followed in registries of the court and for or in relation to all matters and things. Judiciary amendment bill 1975 clause 1 clause 1 provides for the short title for the judiciary bill and the citation of the principal act, the judiciary act 19031973, as it will be amended by this bill. It assumed jurisdiction formerly exercised in part by the high court of australia and the whole jurisdiction of the australian industrial court and the federal court. The notes at the end of this compilation the endnotes include information about amending laws and the amendment history of provisions of the compiled law. Application of the criminal code part iifederal court of australia division 1constitution of the court 5. An act to create a federal court of australia and to make provision with respect to the jurisdiction of that court. Application of the criminal code part ii federal court of australia division 1constitution of the court 5. Federal court of australia act 1976 sect 4 interpretation. Federal court of australia act 1976 sect 37m the overarching purpose of civil practice and procedure provisions 1 the overarching purpose of the civil practice and procedure provisions is to facilitate the just resolution of disputes.