The Court’s jurisdiction is broad, covering almost all civil matters arising under Australian federal law and some summary criminal matters. It also has jurisdiction to hear and determine any matter arising under the Constitution.
Central to the Court's civil jurisdiction is s 39B(1A)(c) of the Judiciary Act 1903. This jurisdiction includes causes of action created by federal statute, and extends to matters in which a federal issue is properly raised as part of a claim or of a defence and to matters where the subject matter in dispute owes its existence to a federal statute.
Cases arising under Part IV (restrictive trade practices) and Part V (consumer protection) of the Trade Practices Act 1974 constitute a significant part of the workload of the Court. These cases often raise important public interest issues involving such matters as mergers, misuse of market power, exclusive dealing or false advertising. In late 2009 the Court was given jurisdiction in relation to the new indictable offences for serious cartel conduct.
The Court has jurisdiction under the Judiciary Act 1903to hear applications for judicial review of decisions by officers of the Commonwealth. Many cases also arise under theAdministrative Decisions (Judicial Review) Act 1977, which provides for judicial review of most administrative decisions made under Commonwealth enactments on grounds relating to the legality, rather than the merits, of the decision. The Court also hears appeals on questions of law from the Administrative Appeals Tribunal.
The Court hears taxation matters on appeal from the Administrative Appeals Tribunal. It also exercises a first instance jurisdiction to hear objections to decisions made by the Commissioner of Taxation.
The Court shares first instance jurisdiction with the Supreme Courts of the States and Territories in the complex area of intellectual property (copyright, patents, trademarks and designs). All appeals in these cases, including appeals from the Supreme Courts, are to a Full Federal Court.
A significant part of the Court’s jurisdiction derives from the Native Title Act 1993. The Court has jurisdiction to hear and determine native title determination applications, revised native title determination applications, compensation applications, claim registration applications, applications to remove agreements from the Register of Indigenous Land Use Agreements and applications about the transfer of records. The Court also hears appeals, in it's original jurisdiction from the National Native Title Tribunal (NNTT) and matters filed under the Administrative Decisions (Judicial Review) Act 1977 involving native title.
Another important part of the Court’s jurisdiction derives from the Admiralty Act 1988. The Court has concurrent jurisdiction with the Supreme Courts of the States and Territories to hear maritime claims under this Act. Ships coming into Australian waters may be arrested for the purpose of providing security for money claimed from ship owners and operators. If security is not provided, a judge may order the sale of the ship to provide funds to pay the claims. During the reporting year the Court’s Admiralty Marshals made fourteen arrests.
The Court’s jurisdiction under theCorporations Act 2001andAustralian Securities and Investments Commission Act 2001 covers a diversity of matters ranging from the appointment of provisional liquidators and the winding up of companies, to applications for orders in relation to fundraising, corporate management and misconduct by company officers. The jurisdiction is exercised concurrently with the Supreme Courts of the States and Territories.
The Court exercises jurisdiction under the Bankruptcy Act 1966. It has power to make sequestration (bankruptcy) orders against persons who have committed acts of bankruptcy and to grant bankruptcy discharges and annulments. The Court’s jurisdiction includes matters arising from the administration of bankrupt estates.
The Court has a substantial and diverse appellate jurisdiction. It hears appeals from decisions of single judges of the Court, the Federal Magistrates Court in non-family law matters and appeals in limited circumstances from other Courts exercising federal jurisdiction. The Court also exercises general appellate jurisdiction in criminal and civil matters on appeal from the Supreme Court of Norfolk Island.
This summary refers only to some of the principal areas of the Court’s work.
