FEDERAL COURT OF AUSTRALIA ACT 1976
Table of Provisions
PART I--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Extension to Territories
- 4 Interpretation
- 4A Application of the
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
- 13A Authorised Judges may manage classes of proceedings
- 14 Manner in which Court may be constituted
- 15 Arrangement of business of 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
- 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
- 18PA Marshal
- 18PB Deputy Marshals
- 18PC Authorised persons to assist the Marshal or Deputy Marshals
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
- 18ZF Making arrangements relating to APS employees
- 18ZG Delegation of powers etc. under the
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 and the Federal Circuit and Family Court of Australia
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)
- 23AA Background and simplified outline
- 23AB Application of Division
- 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
- 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
- 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
- 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
- 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
- 23GA When Subdivision applies
- 23GB Accused taken to have been committed for trial etc.
- 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)
- 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
- 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
- 30CA Cases stated and questions reserved
- 30CB Questions referred after trial
- 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 and Family Court of Australia (Division 2)
- 32AB Discretionary transfer of civil proceedings to the Federal Circuit and Family Court of Australia
- 32AC Discretionary transfer of civil proceedings from the Federal Circuit and Family Court of Australia (Division 2)
- 32AD Confirmation of civil proceedings transferred from the Federal Circuit and Family Court of Australia (Division 2)
- 32A State Supreme Courts invested with jurisdiction in Chambers
PART IV--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 theetc.
- 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
- 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
- 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
- 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
- 55AA Actions by or against Marshal
- 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
- 60 Regulations