A federal court, to be known as the Federal Court of Australia, is created by this Act. The Court is a superior court of record and is a court of law and equity. The Court consists of a Chief Justice, and such other Judges as from time to time hold office in accordance with this Act.
Federal Court of Australia Act 1976
No. 156, 1976
Part I—Preliminary
1………… Short title
2………… Commencement
3………… Extension to Territories
4………… Interpretation
4A……… Application of the Criminal Code
Part II—Federal Court of Australia
Division 1—Constitution of the Court
5………… Creation of Court
6………… Appointment, removal and resignation of Judges
6A……… Assignment of Judges to Divisions
7………… Acting Chief Justice
8………… Seniority
9………… Salary and allowances of Judges
10………. Appropriation
11………. Oath or affirmation of office
12………. Place of sitting
13………. General and Fair Work Divisions of the Court
14………. Manner in which Court may be constituted
15………. Arrangement of business of Court
15A……. Consultation between the Chief Justice of the Court and the Chief Justice of the Family Court
16………. Court divided in opinion
17………. Exercise of jurisdiction in open court and in Chambers
18………. Powers of Court to extend to whole of Australia
Part IIA—Management of the Court
Division 1—Management responsibilities of Chief Justice and Chief Executive Officer
18A……. Management of administrative affairs of Court
18B……. Chief Executive Officer
18BAA. Arrangements with other courts
18BA…. Arrangements with agencies or organisations
Division 2—Appointment, powers etc. of Chief Executive Officer 23
18C……. Establishment and appointment of Chief Executive Officer
18D……. Powers of Chief Executive Officer
18E…….. Remuneration of Chief Executive Officer
18F…….. Terms and conditions of appointment of Chief Executive Officer
18G……. Leave of absence
18H……. Resignation
18J…….. Outside employment of Chief Executive Officer
18K……. Termination of appointment
18L…….. Disclosure of interests by Chief Executive Officer
18M…… Acting Chief Executive Officer
Division 3—Other officers and staff of Registries
18N……. Personnel other than the Chief Executive Officer
18P…….. Sheriff
Division 4—Miscellaneous administrative matters
18S…….. Annual report
18W…… Delegation of administrative powers of Chief Justice
18X……. Proceedings arising out of the administrative affairs of Court
18XA…. Protection of persons involved in handling etc. complaints
18Y……. Oath or affirmation of office
Part IIB—Corporate services and other matters
Division 1—Corporate services
18Z…….. Corporate services
18ZA….. Proceedings in relation to corporate services
Division 2—Application of the finance law
18ZB….. Application of the finance law
18ZC….. Delegation of powers etc. under the finance law
18ZD….. Managing appropriations
Division 3—Application of the Public Service Act 1999 etc.
18ZE….. Statutory Agency etc. for purposes of the Public Service Act 1999
18ZF….. Making arrangements relating to APS employees
18ZG….. Delegation of powers etc. under the Public Service Act 1999
Division 4—Other powers of the Chief Executive Officer
18ZH….. Appointment of other court officers
18ZI…… Engagement of consultants, family counsellors and family dispute resolution practitioners
18ZJ…… Subdelegation of powers under this Division
Division 5—Other matters
18ZK….. Officers of the Court, the Family Court of Australia and the Federal Circuit Court
Part III—Jurisdiction of the Court
Division 1—Original jurisdiction (general)
19………. Original jurisdiction
20………. Exercise of original jurisdiction
20A……. Power of the Court to deal with civil matters without an oral hearing
21………. Declarations of right
22………. Determination of matter completely and finally
23………. Making of orders and issue of writs
Division 1A—Original jurisdiction (indictable offences)
Subdivision A—Introduction
23AA…. Background and simplified outline
23AB…. Application of Division
Subdivision B—Matters relating to indictments
23BA…. Indictment may include alternate counts
23BB….. Single count can cover multiple accused
23BC….. Separating one or more accused from a single count
23BD…. Single indictment can include multiple counts
23BE….. Separating one or more counts from a single indictment
23BF….. Time within which indictments must be filed following committal order
23BG…. Consequences of not filing indictment within time
23BH…. Amending indictments
Subdivision C—Pre‑trial matters (hearings, disclosure and quashing indictments)
23CA…. Pre‑trial hearings
23CB….. Court may make orders during pre‑trial hearings
23CC….. Matters that must be raised during pre‑trial hearings
23CD…. Pre‑trial and ongoing disclosure
23CE….. Disclosure of case for the prosecution
23CF….. Accused’s response
23CG…. Prosecutor’s response to accused’s response
23CH…. Ongoing disclosure obligations
23CI…… Copies of things need not be provided if impracticable etc
23CJ…… Personal details need not be provided
23CK….. Things need not be disclosed to a party more than once
23CL….. Effect on legal professional privilege and other privileges and duties etc.
23CM…. Consequences of disclosure requirements
23CN…. Restricting further disclosure of disclosed material
23CO…. Restricting admissibility of disclosed material as evidence in other proceedings
23CP….. Objecting to indictments
23CQ…. Examining witnesses after committal in absence of the jury
Subdivision D—Pre‑trial matters (empanelling the jury)
23DA…. Simplified outline
23DB…. Application to criminal proceedings
23DC…. Number of jurors on jury
23DD…. Continuation of the trial with a reduced jury
23DE….. Ballot to reduce additional jurors
23DF….. Jury districts (establishment and boundaries)
23DG…. Jury roll for a jury district
23DH…. Qualification and liability for serving on jury
23DI…… Disqualification from serving on jury (convictions, charges, detention orders etc.)
23DJ….. Disqualification from serving on jury (professional ineligibility)
23DK…. When Sheriff is to convene a jury panel
23DL….. Sheriff to select the jury district for the proceedings
23DM… Sheriff to prepare the jury list for the proceedings
23DN…. Investigation and questionnaires
23DO…. Removing names from jury list
23DP….. Jury summonses
23DQ…. Sheriff’s power to excuse—on application
23DR…. Sheriff’s power to excuse—on own initiative
23DS….. Preparing the jury panel
23DT….. Preparing to empanel the jury
23DU…. Empanelling the jury
23DV…. Court’s power to excuse a person from serving on jury.
23DW… Supplementary jurors
23DX…. Challenges to potential jurors—general
23DY…. Challenges for cause
23DZ….. Peremptory challenges
23DZA.. Prosecutor may request that potential jurors be stood aside
Subdivision E—Other jury matters
23EA….. Appointing the jury foreperson
23EB….. Confidentiality directions
23EC….. Things to help jury understand issues
23ED….. Recalling the jury for further directions or evidence
23EE….. When jury can separate
23EF….. Directions and potential jurors and jurors
23EG….. Sheriff’s powers
23EH….. Jurors’ remuneration
23EI…… Discharge of potential jurors
23EJ…… Discharge of jurors—by law
23EK….. Discharge of jurors—by the Court
23EL….. Discharge of jury
23EM…. Consequences of discharging the jury
Subdivision F—Matters relating to pleas, the trial and verdicts
23FA….. Accused to be arraigned before the jury
23FB….. Practice and procedure applicable to the trial
23FC….. Admissibility of evidence given in committal proceedings
23FD….. Entering pleas
23FE….. Pleading to some counts in satisfaction of other counts
23FF….. Pleading to different offences capable of being supported by indictment
23FG….. Changing pleas
23FH….. Court’s verdict if no case to answer
23FI…… Jury’s verdict
23FJ…… Consequences of guilty pleas and guilty verdicts
23FK….. Consequences of not guilty verdicts
Subdivision G—Procedure on committal for sentencing
23GA…. When Subdivision applies
23GB…. Accused taken to have been committed for trial etc
Subdivision H—Custodial and other matters
23HA…. Remanding in custody when proceedings adjourned
23HB…. Oaths and affirmations
23HC…. Protecting witnesses etc
23HD…. Accused cannot make unsworn statements
23HE….. Costs
Division 2—Appellate and related jurisdiction (civil proceedings)
23P…….. Appellate jurisdiction in civil proceedings
24………. Appellate jurisdiction
25………. Exercise of appellate jurisdiction
26………. Cases stated and questions reserved
27………. Evidence on appeal
28………. Form of judgment on appeal
29………. Stay of proceedings and suspension of orders
30………. New trials
Division 2A—Appellate and related jurisdiction (criminal proceedings)
Subdivision A—Bringing appeals
30AA…. Appellate jurisdiction—allowable appeals
30AB…. Leave needed unless question of law or about bail
30AC…. Who may appeal
30AD…. Appellate jurisdiction—further appeal if Attorney‑General consents
30AE….. Exercise of appellate jurisdiction
30AF….. Time for appealing
30AG…. Right to attend
30AH…. Practice and procedure applicable to the appeal
30AI…… Evidence on appeal
30AJ….. When to allow appeals
30AK…. Stay or suspension of orders pending appeal
30AL….. Prison sentence not to include time on bail
Subdivision B—Form of judgment on appeal
30BA…. Court may give such judgment as is appropriate
30BB….. Allowing appeals against convictions on indictment
30BC….. Allowing appeals against sentence
30BD…. Allowing appeals for certain acquittals
30BE….. Allowing appeals involving unfitness, mental illness etc
30BF….. Allowing appeals from summary proceedings
30BG…. Allowing appeals against bail, bail forfeiture or interim judgments and decisions (including about custody)
30BH…. Matters relevant to form of judgment on appeal
Subdivision C—References
30CA…. Cases stated and questions reserved
30CB….. Questions referred after trial
Subdivision D—Other
30DA…. Costs
Division 3—General
31………. Contempt of Court
31A……. Summary judgment
31B……. Prerogative of mercy unaffected
32………. Jurisdiction in associated matters
32AA…. Proceedings not to be instituted in the Court if an associated matter is before the Federal Circuit Court
32AB…. Discretionary transfer of civil proceedings to the Federal Circuit Court
32A……. State Supreme Courts invested with jurisdiction in Chambers
Part IV—Appeals to High Court
33………. Appeals to High Court
Part IVA—Representative proceedings
Division 1—Preliminary
33A……. Interpretation
33B……. Application
Division 2—Commencement of representative proceeding
33C……. Commencement of proceeding
33D……. Standing
33E…….. Is consent required to be a group member?
33F…….. Persons under disability
33G……. Representative proceeding not to be commenced in certain circumstances
33H……. Originating process
33J…….. Right of group member to opt out
33K……. Causes of action accruing after commencement of representative proceeding
33L…….. Situation where fewer than 7 group members
33M…… Cost of distributing money etc. excessive
33N……. Order that proceeding not continue as representative proceeding where costs excessive etc.
33P…….. Consequences of order that proceeding not continue under this Part
33Q……. Determination of issues where not all issues are common
33R……. Individual issues
33S…….. Directions relating to commencement of further proceedings
33T…….. Adequacy of representation
33U……. Stay of execution in certain circumstances
33V……. Settlement and discontinuance—representative proceeding
33W…… Settlement of individual claim of representative party
Division 3—Notices
33X……. Notice to be given of certain matters
33Y……. Notices—ancillary provisions
Division 4—Judgment etc.
33Z…….. Judgment—powers of the Court
33ZA….. Constitution etc. of fund
33ZB….. Effect of judgment
Division 5—Appeals
33ZC….. Appeals to the Court
33ZD….. Appeals to the High Court—extended operation of sections 33ZC and 33ZF
Division 6—Miscellaneous
33ZE….. Suspension of limitation periods
33ZF….. General power of Court to make orders
33ZG….. Saving of rights, powers etc
33ZH….. Special provision relating to claims under Part VI of the Competition and Consumer Act 2010 etc. 149
33ZJ…… Reimbursement of representative party’s costs
Part V—Registries, officers and seal
34………. Registries
35………. Officers of Court
35A……. Powers of Registrars
36………. Seal of Court
37………. Writs etc
Part VAA—Suppression and non‑publication orders
Division 1—Preliminary
37AA…. Definitions
37AB…. Powers of the Court not affected
37AC…. Other laws not affected
37AD…. No limit on section 23HC
Division 2—Suppression and non‑publication orders
37AE….. Safeguarding public interest in open justice
37AF….. Power to make orders
37AG…. Grounds for making an order
37AH…. Procedure for making an order
37AI…… Interim orders
37AJ….. Duration of orders
37AK…. Exception for court officials
37AL….. Contravention of order
Part VAAA—Vexatious proceedings
Division 1—Preliminary
37AM… Definitions
37AN…. Powers of the Court not affected
Division 2—Vexatious proceedings orders
37AO…. Making vexatious proceedings orders
37AP….. Notification of vexatious proceedings orders
Division 3—Particular consequences of vexatious proceedings orders
37AQ…. Proceedings in contravention of vexatious proceedings order
37AR…. Application for leave to institute proceedings
37AS….. Dismissing application for leave
37AT….. Granting application for leave
Part VA—Assessors
37A……. Appointment of assessors
37B……. Qualifications for appointment
37C……. Remuneration and allowances
37D……. Terms and conditions of appointment
37E…….. Oath or affirmation of office
37F…….. Leave of absence
37G……. Resignation
37H……. Termination of appointment—bankruptcy etc
37I……… Termination of appointment—misbehaviour or incapacity
37J…….. Suspension of assessors—misbehaviour or incapacity
37K……. Outside employment
37L…….. Disclosure of interests
Part VB—Case management in civil proceedings
37M…… The overarching purpose of civil practice and procedure provisions
37N……. Parties to act consistently with the overarching purpose
37P…….. Power of the Court to give directions about practice and procedure in a civil proceeding
Part VI—General
38………. Practice and procedure
39………. Civil trials to be without jury
40………. Power of Court in civil proceedings to direct trial of issues with a jury 176
41………. Juries in civil proceedings
43………. Costs
44………. Oaths and affirmations
45………. Making of affidavits
46………. Orders and commissions for examination of witnesses
47………. Oral, video link, telephone and affidavit evidence
47A……. Testimony by video link, audio link or other appropriate means
47B……. Appearances or submissions by video link, audio link or other appropriate means 183
47C……. Conditions for use of video links, audio links or other appropriate means
47D……. Putting documents to a person by video link, audio link or other appropriate means
47E…….. Administration of oaths and affirmations
47F…….. Expenses
47G……. New Zealand proceedings
48………. Change of venue
49………. Reserved judgments
51………. Formal defects not to invalidate
51A……. Interest up to judgment
52………. Interest on judgment
53………. Enforcement of judgment
53A……. Arbitration, mediation and alternative dispute resolution processes 191
53AA…. Power of arbitrator to refer question of law to the Court
53AB…. Application to the Court for review of award on a question of law or for costs to be taxed
53B……. Admissions made to mediators
53C……. Protection of mediators and arbitrators
54………. Arbitration awards
54A……. Referral of questions to a referee
54B……. Protection of referees
55………. Actions by or against Sheriff
55A……. Making arrests under this Act or warrants
56………. Security.
57………. Receivers
58………. Offences by witness
Part VIA—Offences relating to juries
Division 1—Offences
58AA…. Failing to attend for jury service
58AB…. Failing to comply with directions—persons attending for jury service
58AC…. Failing to comply with directions—jurors
58AD…. Impersonating a juror or potential juror
58AE….. Failing to complete and return a questionnaire
58AF….. False or misleading information to avoid jury service
58AG…. Bribery of jurors or potential jurors
58AH…. Causing or threatening harm to jurors, potential jurors or former jurors
58AI…… Obstructing jurors or potential jurors
58AJ….. Publishing or broadcasting information identifying jurors, potential jurors or former jurors
58AK…. Soliciting information from jurors
58AL….. Disclosing information about a jury
58AM… Making improper inquiries as a juror or potential juror
Division 2—Infringement notices
58BA…. When an infringement notice can be given
58BB….. Matters to be included in an infringement notice
58BC….. Amount of penalty
58BD…. Withdrawal of an infringement notice
58BE….. What happens if the penalty is paid
58BF….. Effect of this Division on criminal proceedings
58BG…. Regulations
Part VIB—Bail
Division 1—Introduction
58CA…. Simplified outline
Division 2—Granting bail
58DA…. Applying for bail
58DB…. Granting bail
58DC…. Bail may be granted subject to conditions
58DD…. Bail to be stayed pending appeal
58DE….. Bail undertakings etc
58DF….. Effect of granting bail
58DG…. Seeking discharge from undertaking to give security
58DH…. Dealings with property given as security for bail
Division 3—Reconsidering bail orders
58EA….. Reconsidering bail—discharge of security or accused fails to comply with the accused’s bail undertaking
58EB….. Reconsidering bail—change in circumstances
58EC….. Consequences if bail is varied or revoked
Division 4—Further consequences if accused fails to appear in accordance with bail undertaking
58FA….. Offence for failing to appear before the Court
58FB….. Notice of proposed forfeiture
58FC….. Ordering forfeiture
58FD….. When forfeiture orders take effect
58FE….. Effect of forfeiture orders
Division 5—When bail ends
58GA…. Continuing bail orders
58GB…. Bail discharged if the Court discharges the accused
58GC…. Continuing security undertakings when bail ends
58GD…. Returning security when bail ends
Division 6—Other matters
58HA…. Admissibility of certain matters
58HB…. Indemnifying a person providing security
Part VII—Rules of Court and regulations
59………. Rules of Court
59A……. Regulations modifying or adapting the Legislation Act 2003
60………. Regulations
The Schedule
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
