Federal Court of Australia

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In Melbourne, the Federal Court is housed with other federal courts such as the High Court and the Federal Magistrates Court in the Federal Court Building on the corner of La Trobe Street and William Street
In Melbourne, the Federal Court is housed with other federal courts such as the High Court and the Federal Magistrates Court in the Federal Court Building on the corner of La Trobe Street and William Street

The Federal Court of Australia is the Australian court in which most civil disputes, and some summary criminal matters, governed by federal law are decided. Cases are heard at first instance by single Judges. There is an appeals division known as the Full Federal Court which comprises three Federal Court Judges. It is on the same position in the Australian court hierarchy as the Supreme Courts in each of the states and the only court above it is the High Court of Australia. On the federal level, it is above the Family Court of Australia as well as the Federal Magistrates' Court. The court was established in 1976 by the Federal Court of Australia Act.

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The Federal Court has no inherent jurisdiction, what jurisdiction it has is given to it by statute. The original jurisdiction of the court includes matters falling under Commonwealth legislation (including trade practices, native title, intellectual property, industrial law, corporations, and bankruptcy).

The Judiciary Act 1903 (Cth) now gives the Federal Court jurisdiction in all matters arising under federal law - this includes a general judicial review power in addition to that granted by the Administrative Decision (Judicial Review) Act 1976 (Cth) and by other statutes which allow for appeals on points of law from various administrative tribunals.

Part IIIA of the Federal Court of Australia Act 1976 authorises the Federal Court to sit in New Zealand and authorises the High Court of New Zealand to sit in Australia. The orders of the Federal Court sitting in New Zealand are enforced by the High Court of New Zealand and orders of that court sitting in Australia are enforced by the Federal Court.

The Federal Court of Australia also has appellate jurisdiction from the Federal Magistrates Court on all matters, with the exception of family law, where the Family Court of Australia has appellate jurisdiction.[citation needed] The Court 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.[citation needed] The Court also exercises appellate jurisdiction in appeals from State Supreme Courts in some federal matters.[citation needed]

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