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

The Federal Court of Australia is an Australian superior court of record which deals with most civil disputes governed by federal law (with the exception of family law matters), along with some summary criminal matters. Cases are heard at first instance by single Judges. The Court includes an appeal division referred to as the Full Court comprising three Judges, the only avenue of appeal from which lies to the High Court of Australia. In the Australian court hierarchy, the Federal Court occupies a position equivalent to the Supreme Courts of each of the states and territories. In relation to the other Courts in the federal stream, it is equal to the Family Court of Australia, and superior to the Federal Magistrates' Court. It was established in 1976 by the Federal Court of Australia Act.

The Federal Court has no inherent jurisdiction other than that provided by statute. The Court's original jurisdiction include matters arising from Commonwealth legislation such as, for example, matters relating to trade practices, native title, intellectual property, industrial relations, 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]

 This article does not cite any references or sources. Please help improve this article by adding citations to reliable sources. Unverifiable material may be challenged and removed. (January 2008)
Retrieved from "http://en.wikipedia.org/wiki/Federal_Court_of_Australia"
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