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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 referrals from the High Court of Australia, in its capacity as the Court of Disputed Returns, pursuant to s 329 of the Commonwealth Electoral Act 1918. 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:

Latest Judgments


  • 10 May 2024: Lehrmann v Network Ten Pty Limited (Costs) [2024] FCA 486
    COSTS - applicant unsuccessful in claim for defamation - where defence of substantial truth established - where no real winners in the litigation - assessment of the conduct of the respondents in exercise of discretion as to costs - facts relating to settlement - Calderbank offer - relevant principles overarching purpose to civil litigation -…
    Judge: Lee J
  • 7 May 2024: Nassif v Harbour Radio Pty Ltd [2024] FCA 466
    PRACTICE AND PROCEDURE - reinstatement of proceeding - extension of time under r 1.39 of the Federal Court Rules 2011 (Cth) - self-executing order - dismissal of proceeding - power to extend time where proceeding dismissed - stay of proceeding - power to extent time where proceeding stayed - discretionary power - purpose of power to extend time -…
    Judge: Abraham J
  • 26 Apr 2024: Wiseway Logistics Pty Ltd v Secretary, Department of Home Affairs [2024] FCA 427
    ADMINISTRATIVE LAW - application for judicial review of Administrative Appeals Tribunal (Tribunal) decision refusing stay of respondent's decision not to renew applicant's designation as a registered air cargo agent - whether Tribunal was required to give weight to reg 4.43F of the Aviation Transport Security Regulations 2005 (Cth) when…
    Judge: Kennett J
  • 26 Apr 2024: Edwards v Nine Network Australia Pty Limited (No 5) [2024] FCA 422
    DEFAMATION - where defamatory imputations allegedly conveyed by a television program called "A Current Affair" and accompanying articles about dispute concerning the ownership of a supposedly Instagram famous dog named Oscar - the wondrous life and times of Oscar the cavoodle - where alleged imputations included theft and financial exploitation of …
    Judge: Wigney J
  • 19 Apr 2024: Khan v Uddin [2024] FCA 404
    PRACTICE AND PROCEDURE - application for leave to proceed against respondent served outside Australia pursuant to r 10.43D of the Federal Court Rules 2011 (Cth) (the Rules) - where respondent has not filed a Notice of Address for Service within the time specified by r 10.43C - where Originating Application makes claims of a kind falling within r…
    Judge: Button J

Practice Notes


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:

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:

Forms:
Rules:

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.

Resources


The following resources may be of assistance in the respect of the subject of the jurisdiction of the Federal Court:

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