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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Jurisdiction
of Courts (Miscellaneous Amendments) Bill
2000
No. ,
2000
(Attorney-General)
A
Bill for an Act relating to the jurisdiction of courts, and for other
purposes
ISBN: 0642 453462
Contents
Part 1—Amendments 3
Administrative Decisions (Judicial Review) Act
1977 3
Family Law Act
1975 3
Trade Practices Act
1974 4
Part 2—Safety-net
provisions 5
Part 3—Transitional 10
A Bill for an Act relating to the jurisdiction of courts,
and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Jurisdiction of Courts (Miscellaneous
Amendments) Act 2000.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Administrative Decisions
(Judicial Review) Act 1977
1 At the end of
section 3
Add:
(10) To avoid doubt, a reference in this Act (other than subsections
11(1), (2) and (3)) to an application made to the Federal Court includes, and is
taken always to have included, a reference to an application that has come, or
that came, before the Federal Court by way of a transfer from the Federal
Magistrates Court under Part 5 of the Federal Magistrates Act
1999.
(11) To avoid doubt, a reference in this Act (other than subsections
11(1), (2) and (3)) to an application made to the Federal Magistrates Court
includes, and is taken always to have included, a reference to an application
that:
(a) has come, or that came, before the Federal Magistrates Court by way of
a transfer from the Federal Court under section 32AB of the Federal
Court of Australia Act 1976; and
(b) could have been made directly to the Federal Magistrates
Court.
(12) For the purposes of paragraph (11)(b), disregard section 19
of the Federal Magistrates Act 1999.
2 At the end of
section 8
Add:
Note: See also subsections 3(10), (11) and
(12).
3 After subsection 39(5)
Insert:
(5AA) Subject to this Part, the Federal Magistrates Court has, and is
taken always to have had, jurisdiction with respect to matters arising under
this Act in respect of which matrimonial causes (other than proceedings of a
kind referred to in subparagraph (a)(ii) or paragraph (b) of the
definition of matrimonial cause in subsection 4(1)) are instituted
under this Act.
4 Section 86AA
Omit “If proceedings are instituted in the Federal Magistrates Court
under section 82”, substitute “If proceedings under
section 82 are instituted in, or transferred to, the Federal Magistrates
Court”.
5 Section 86AA (note)
Before “For”, insert “For transfers from the Federal
Court to the Federal Magistrates Court, see section 32AB of the Federal
Court of Australia Act 1976.”.
6 Interpretation
(1) In this Part:
designated judgment has the meaning given by
item 7.
liability includes a duty or obligation.
right includes an interest or status.
(2) Unless the contrary intention appears, an expression used in this Part
has the same meaning as in the Federal Magistrates Act 1999.
(3) Sections 6 and 7 of the Federal Magistrates Act 1999 apply
to this Part in a corresponding way to the way in which they apply to that
Act.
7 Designated judgment
(1) For the purposes of this Part, if:
(a) before the commencement of this item:
(i) a proceeding arising under the Administrative Decisions (Judicial
Review) Act 1977 was transferred to the Federal Magistrates Court under
section 32AB of the Federal Court of Australia Act 1976;
and
(ii) the Federal Magistrates Court did not have jurisdiction to
hear and determine the proceeding; and
(iii) the Federal Magistrates Court purported to give judgment in the
proceeding; and
(b) the Federal Magistrates Court would have had jurisdiction to hear and
determine the proceeding if subsections 3(11) and (12) of the Administrative
Decisions (Judicial Review) Act 1977 had been in force at the time of the
transfer;
the judgment is a designated judgment.
(2) If:
(a) before the commencement of this item:
(i) a proceeding arising under the Family Law Act 1975 was
transferred to the Federal Magistrates Court under section 33B of the
Family Law Act 1975; and
(ii) the Federal Magistrates Court did not have jurisdiction to
hear and determine the proceeding; and
(iii) the Federal Magistrates Court purported to give judgment in the
proceeding; and
(b) the Federal Magistrates Court would have had jurisdiction to hear and
determine the proceeding if subsection 39(5AA) of the Family Law Act 1975
had been in force at the time of the transfer;
the judgment is a designated judgment.
(3) If a court has purported to affirm, revoke, set aside, reverse, vary,
revive or suspend a designated judgment, a reference in this Part to the
designated judgment is a reference to the designated judgment in
the form in which, and to the extent to which, it purports or purported to have
effect from time to time.
8 Rights and liabilities declared in certain
cases
The rights and liabilities of all persons are, by force of this Act,
declared to be, and always to have been, the same as if each designated judgment
had been a valid judgment of the Federal Magistrates Court.
9 Effect of declared rights and
liabilities
(1) A right or liability conferred, imposed or affected by
item 8:
(a) is exercisable or enforceable; and
(b) is to be regarded as always having been exercisable or
enforceable;
as if it were a right or liability conferred, imposed or affected by a
valid judgment of the Federal Magistrates Court.
(2) The rights and liabilities conferred, imposed or affected by
item 8 include (but are not limited to) the right of a person who was a
party to the proceeding or purported proceeding in which the designated judgment
was given to appeal against that judgment.
(3) In this item:
enforceable includes able to be dealt with by proceedings
under Division 2 of Part XIIIA of the Family Law Act 1975
relating to a contravention of an order.
10 Effect of things done or omitted to be done
under or in relation to rights and liabilities
(1) Any act or thing done or omitted to be done (whether before, at or
after the commencement of this item) under or in relation to a right or
liability conferred, imposed or affected by item 8:
(a) has the same effect, and gives rise to the same consequences, for the
purposes of any written or other law; and
(b) is to be regarded as always having had the same effect, and always
given rise to the same consequences, for the purposes of any written or other
law;
as if it were done, or omitted to be done, to give effect to, or under the
authority of, or in reliance on, a valid judgment of the Federal Magistrates
Court.
(2) For the purposes of an enforcement law, any act or thing done or
omitted to be done (whether before, at or after the commencement of this item)
gives rise to the same consequences, and is to be regarded as always having
given rise to the same consequences, as if each designated judgment were a valid
judgment of the Federal Magistrates Court given in or in relation to the
proceeding in relation to which the designated judgment was given.
(3) In this item:
enforcement law means a provision of a law of the
Commonwealth (other than a law relating to contempt of court) that sets out a
consequence for a person if the person:
(a) contravenes; or
(b) acts in a specified way while there is in force;
a judgment, or a particular kind of judgment, given by a court.
11 Powers of courts in relation to declared
rights and liabilities
(1) The Federal Magistrates Court may vary, revoke, set aside, revive or
suspend a right or liability conferred, imposed or affected by item 8 as if
it were a right or liability conferred, imposed or affected by a valid judgment
of the Federal Magistrates Court in or in relation to proceedings of the kind in
or in relation to which the designated judgment was given.
(2) In the case of a designated judgment in a proceeding arising under the
Administrative Decisions (Judicial Review) Act 1977, the Federal Court
may vary, revoke, set aside, revive or suspend a right or liability conferred,
imposed or affected by item 8 as if it were a right or liability conferred,
imposed or affected by a valid judgment of the Federal Magistrates Court in or
in relation to proceedings of the kind in or in relation to which the designated
judgment was given.
(3) In the case of a designated judgment in a proceeding arising under the
Family Law Act 1975, the Family Court may vary, revoke, set aside, revive
or suspend a right or liability conferred, imposed or affected by item 8 as
if it were a right or liability conferred, imposed or affected by a valid
judgment of the Federal Magistrates Court in or in relation to proceedings of
the kind in or in relation to which the designated judgment was given.
(4) In addition to its powers under subitem (1), (2) or (3), a court
also has power to give a judgment achieving any other result that could have
been achieved if:
(a) the designated judgment had been a valid judgment of the Federal
Magistrates Court given in or in relation to proceedings of the kind in or in
relation to which the designated judgment was given; and
(b) the first-mentioned court had been considering whether:
(i) to vary, revoke, set aside, revive or suspend that judgment;
or
(ii) to extend the time for the doing of anything; or
(iii) to grant a stay of proceedings.
(5) Jurisdiction is conferred on the Federal Magistrates Court, the Federal
Court and the Family Court with respect to matters arising under this
item.
12 Proceedings for contempt
If (whether before, at or after the commencement of this item) a person
has:
(a) interfered with a right conferred or affected by item 8;
or
(b) failed to satisfy or comply with a liability imposed or affected by
item 8;
the interference or failure is, and is taken always to have been, a matter
that can be dealt with in the same manner as if the interference or failure had
been in relation to a right conferred or affected, or a liability imposed or
affected, by a valid judgment of the Federal Magistrates Court.
13 Evidence
The court record, or a copy of a court record, of a designated judgment may
be adduced in evidence to show the existence, nature and extent of each right or
liability conferred, imposed or affected by item 8.
14 This Part does not apply to certain
judgments
This Part does not apply to a judgment given by the Federal Magistrates
Court that has been declared to be invalid, or that has been quashed or
overruled, by the Federal Court or the Family Court before the commencement of
this item (otherwise than on the ground that the Federal Magistrates Court had
no jurisdiction).
15 Regulations
The Governor-General may make regulations prescribing matters necessary or
convenient to be prescribed for carrying out or giving effect to this
Part.
16 Pre-commencement jurisdiction of the Federal
Magistrates Court
The enactment of this Schedule does not imply that the Parliament did not
intend that the Federal Magistrates Court was to have jurisdiction, at a time
before the commencement of this item, to hear and determine:
(a) a proceeding arising under the Administrative Decisions (Judicial
Review) Act 1977 that was transferred to the Federal Magistrates Court under
section 32AB of the Federal Court of Australia Act 1976;
or
(b) a proceeding arising under the Family Law Act 1975 that was
transferred to the Federal Magistrates Court under section 33B of the
Family Law Act 1975.
17 Pre-commencement jurisdiction of the Federal
Court
The enactment of this Schedule does not imply that the Parliament did not
intend that the Federal Court was to have jurisdiction, at a time before the
commencement of this item, to hear and determine a proceeding arising under the
Administrative Decisions (Judicial Review) Act 1977 that was transferred
to the Federal Court under Part 5 of the Federal Magistrates Act
1999.