Practice Note CM 15

PA Keane, Chief Justice 01 August 2011

This Practice Note is REVOKED

On 25 October 2016, as part of the National Court Framework reforms, all existing practice documents were revoked and new national practice notes were issued, effective immediately.

To assist Court users to understand these practice note changes, the Court has prepared:

Allocation of proceedings to divisions of the Court

Direction under s 13(5) of the Federal Court of Australia Act 1976 (Cth)

RTF version (49.3 kb)

1.   A proceeding commenced in the Court on or after 1 July 2009 that is in relation to a matter or matters arising solely under:

(a)  the Fair Work Act 2009 (Cth); or

(b)  the Fair Work (Registered Organisations) Act 2009 (Cth); or

(c)  the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth); or

(d)  the Workplace Relations Act 1996 (Cth) as it continues to apply because of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth); or

(e)  the Building and Construction Industry Improvement Act 2005 (Cth) is to be instituted, heard and determined in the Fair Work Division of the Court.  Otherwise the proceeding is to be instituted, heard and determined in the General Division of the Court.

2.  A proceeding commenced before 1 July 2009 that is:

(a)  pending before the Court on 1 July 2009; and

(b)  in relation to a matter or matters arising solely under the Workplace Relations Act 1996 (Cth) (as it continues to apply because of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)) is to be heard and determined in the Fair Work Division of the Court. Otherwise the proceeding is to be heard and determined in the General Division of the Court.

3.  Pursuant to Rule 2.13(1)(b) of the Federal Court Rules 2011 the heading of each document in a proceeding must include a reference to the Division of the Court in which the proceeding is to be heard and determined.