The Court's jurisdiction is broad,
covering almost all civil matters arising under Australian
federal law and some summary criminal matters.
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 may raise important
public interest issues involving such matters as mergers,
misuse of market power, exclusive dealing or false advertising.
Other cases may only concern the immediate parties.
Administrative law is an important
area of jurisdiction. Many cases arise under the Administrative
Decisions (Judicial Review) Act 1977. This Act 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. Many
cases also arise under the Administrative
Appeals Tribunal Act 1975 which provides for a review
on the merits by the Administrative
Appeals Tribunal of many Commonwealth administrative
decisions, and which also provides for a right of appeal
from the Tribunal to the Court on questions of law. The
Court has jurisdiction to hear applications for judicial
review of certain decisions under the Migration
Act 1958.
The Court hears taxation matters on
appeal from the Administrative
Appeals Tribunal, mostly concerning income tax. It
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, trade marks 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. Since 30 September 1998, the Court has
had 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. Applications filed with the National
Native Title Tribunal ("the NNT Tribunal")
as at 30 September 1998 were transferred to the Court
on that date. The Court also hears appeals from the NNT
Tribunal and matters filed under the Administrative
Decisions (Judicial Review) Act 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.
The Court's jurisdiction under the
Corporations
Act 2001 covers a diversity of matters ranging from
the appointment of provisional liquidators and the winding
up of companies, to applications for the orders available
in relation to fundraising, corporate management and misconduct
by company officers. This jurisdiction was exercised concurrently
with the Supreme Courts of the States and Territories.
The Court exercises jurisdiction under
the Bankruptcy
Act. 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 and 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. It
also hears appeals from the Federal
Magistrates Court in non-family law matters. Appeals
on points of law from the Administrative
Appeals Tribunal and other tribunals are within the
original jurisdiction of the Court.
This summary refers only to some of
the principal sources of the Court's work. Other matters
heard by the Court range from cases involving anti-dumping
notices, tariff concession orders, to cases arising under
Commonwealth anti-discrimination legislation.
