Other Federal Jurisdiction

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:

• Negligence: such as a claim based in common law negligence against the operator of an offshore petroleum project, seeking compensation for losses caused by environmental damage.
• Civil Aviation: such as a claim for damages (alleged assault) made against an airline company under Article 21(1) of the Convention for the Unification of Certain Rules for International Carriage by Air 1999 and s 9E of the Civil Aviation (Carrier’s Liability) Act 1959 (Cth).
• Election-related disputes: such as a petition referred by the High Court, in its capacity as the Court of Disputed Returns, pursuant to s 329 of the Commonwealth Electoral Act 1918, disputing the validity of an election or return.

• 23 Mar 2023: Watkins v Tatana [2023] FCA 248
  COSTS - applicants commenced defamation proceeding against respondent - counsel for respondent engaged on a pro bono basis - applicants took no steps to prosecute their proceeding - applicants sought to have their proceeding dismissed with no order as to costs - whether applicants should pay respondent's costs of the proceeding - whether…
  Judge: O'Callaghan J
• 17 Mar 2023: Greiss v Seven Network (Operations) Limited (Evidentiary Ruling) [2023] FCA 235
  EVIDENCE - admissibility - hearsay - business records exception - whether representations in witness statements taken by police were admissible as business records under s 69(2) of the Evidence Act 2005 (Cth) or whether s 69(2) does not apply because the representations were made in connection with an investigation relating to a criminal…
  Judge: Katzmann J
• 16 Mar 2023: Lehrmann v Network Ten Pty Limited (Notice to Produce) [2023] FCA 250
  PRACTICE AND PROCEDURE - reasons specifically sought - application to set aside paragraph of notice to produce - whether document sought sufficiently relevant to application for extension of time - where notice a vehicle for the production of vast reams of material - where Notice a "fishing expedition" - Notice set aside in part
  Judge: Lee J
• 16 Mar 2023: Musicki v de Tonnerre [2023] FCA 222
  PRACTICE AND PROCEDURE - application for default judgment pursuant to r 5.23 of the Federal Court Rules 2011 (Cth) - where respondent has failed to file notice of address for service or defence - where respondent is in default of appearance - relief granted
  Judge: Mortimer J
• 8 Mar 2023: Rana v Google Inc (No 3) [2023] FCA 199
  Judge: Colvin J