Everything about The Federal Court Of Australia totally explained
The
Federal Court of Australia is the
Australian court in which most civil disputes, and some summary criminal matters, governed by federal law are decided. Cases are heard at first instance by single Judges. There is an appeals division known as the
Full Federal Court which comprises three Federal Court Judges. It is on the same position in the
Australian court hierarchy as the Supreme Courts in each of the states and the only court above it's the
High Court of Australia. On the federal level, it's above the
Family Court of Australia as well as the
Federal Magistrates' Court. The court was established in
1976 by the Federal Court of Australia Act.
Original jurisdiction
The Federal Court has no inherent jurisdiction, what jurisdiction it has is given to it by statute. The original jurisdiction of the court includes matters falling under Commonwealth legislation (including trade practices, native title, intellectual property, industrial law, corporations, and bankruptcy).
The
Judiciary Act 1903 (Cth) now gives the Federal Court jurisdiction in all matters arising under federal law - this includes a general judicial review power in addition to that granted by the Administrative Decision (Judicial Review) Act 1976 (Cth) and by other statutes which allow for appeals on points of law from various administrative tribunals.
Part IIIA of the Federal Court of Australia Act 1976 authorises the Federal Court to sit in
New Zealand and authorises the
High Court of New Zealand to sit in Australia. The orders of the Federal Court sitting in New Zealand are enforced by the High Court of New Zealand and orders of that court sitting in Australia are enforced by the Federal Court.
Appellate jurisdiction
The Federal Court of Australia also has
appellate jurisdiction from the
Federal Magistrates Court on all matters, with the exception of
family law, where the
Family Court of Australia has appellate jurisdiction. The Court also exercises general appellate jurisdiction in criminal and civil matters on appeal from the
Supreme Court of the Australian Capital Territory and the
Supreme Court of Norfolk Island. The Court also exercises
appellate jurisdiction in appeals from State Supreme Courts in some federal matters.
Current Judges of the Federal Court
Judges based in Sydney
Judges based in Melbourne
Chief Justice Michael Black (1 January 1991)
Peter Gray (17 May 1984)
Donnell Ryan (29 September 1986)
Peter Heerey (17 December 1990)
Ross Sundberg (10 July 1995)
Shane Marshall (17 July 1995)
Anthony North (3 October 1995)
Alan Goldberg (3 February 1997)
Raymond Finkelstein (21 July 1997)
Geoffery Giudice (17 September 1997) President, Australian Industrial Relations Commission
Mark Weinberg (15 July 1998)
Susan Kenny (16 October 1998)
Christopher Jessup (23 June 2006)
Richard Tracey (24 July 2006)
John Middleton (7 August 2006)
Michelle Gordon (20 April 2007)
Judges based in Brisbane
Jeffrey Spender (17 May 1984)
John Dowsett (14 September 1998)
Andrew Greenwood (4 August 2005)
Berna Collier (8 February 2006)
John Logan (27 September 2007)
Judges based in Perth
Robert French (25 November 1986)
Antony Siopis (14 April 2005)
John Gilmour (11 December 2006)
Neil McKerracher (15 October 2007)
Judges based in Adelaide
Paul Finn (3 July 1995)
John Mansfield (2 September 1996)
Bruce Lander (14 July 2003)
Anthony Besanko (3 April 2006)
Judge based in Darwin
John Reeves (15 October 2007)
Judge based in Canberra
Terence Higgins (1 July 1990) (also Chief Justice, ACT Supreme Court)Further Information
Get more info on 'Federal Court Of Australia'.
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