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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


  • 2 Jun 2023: Do v Kolsumdet Pty Ltd [2023] FCA 592
    PRACTICE AND PROCEDURE - application for recusal - application made in relation to hearing of defamation proceedings where applicants seeking for proceedings to be reallocated to another judge of the Federal Court of Australia - principles on recusal - held: application dismissed with applicants to pay respondents' costs
    Judge: Bromwich J
  • 1 Jun 2023: Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) [2023] FCA 555
    DEFAMATION - defamation proceedings - where the applicant is a very well-known Special Air Service Regiment (SASR) soldier and a Victoria Cross recipient - where 14 defamatory imputations alleged - where there are multiple print and online publications - where imputations are of the most serious kind - imputations involving murder, bullying,…
    Judge: Besanko J
  • 30 May 2023: Webb v Commonwealth of Australia (No 3) [2023] FCA 558
    PRACTICE AND PROCEDURE: application for extension of time and leave to appeal from interlocutory orders by a judge of this Court, pursuant to rule 35.14 of the Federal Court Rules 2011 (Cth) - where the applicant brought proceedings against the Commonwealth for defamation - where the primary judge struck out the applicant's statement of claim,…
    Judge: Bromwich J
  • 26 May 2023: V'landys v Australian Broadcasting Corporation [2023] FCAFC 80
    DEFAMATION - appeal against primary judge's findings that no imputations conveyed in trial by judge alone - whether primary judge erred in making findings of characteristics of ordinary reasonable viewer of matter complained of without evidence - whether primary judge entitled to have regard to own first or final impressions of whether imputations …
    Judge: Rares, Katzmann and O'Callaghan JJ
  • 9 May 2023: The Official Trustee in Bankruptcy v Shaw (No 2) [2023] FCA 444
    PRACTICE AND PROCEDURE - oral application for adjournment or stay - relevant principles.
    Judge: Collier 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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We provide subscriptions to the latest judgments and events (by NPA); Practice News to keep up-to-date with changes to practice and procedure; and Daily Court Listings.

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National Coordinating Judges

  • Rares J (Defamation)
  • Lee J (Defamation)
  • Wheelahan J (Defamation)
NPA Judges

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