FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 13 General and Fair Work Divisions of the Court
FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 13
General and Fair Work Divisions of the Court(1) For the purpose of the organisation and conduct of the business of the Court, the Court comprises 2 Divisions:
(2) Every proceeding in the Court must be instituted, heard and determined in a Division.
(3) The following jurisdiction of the Court is to be exercised in the Fair Work Division:
(a) jurisdiction that is required by any other Act to be exercised in the Fair Work Division;
(b) jurisdiction that is incidental to such jurisdiction.
Note: Under section 562 of the Fair Work Act 2009 , jurisdiction is required to be exercised in the Fair Work Division of the Court in relation to matters arising under that Act.
(4) The following jurisdiction of the Court is to be exercised in the General Division:
(a) jurisdiction that is not required by any other Act to be exercised in the Fair Work Division;
(b) jurisdiction that is incidental to such jurisdiction (including jurisdiction that is required by any other Act to be exercised in the Fair Work Division).
Jurisdiction that is required to be exercised in both Divisions
(5) If the Court's jurisdiction is required to be exercised
in both Divisions in relation to particular proceedings or proceedings of a
particular kind, the Chief Justice may, at any time (whether before or after
the proceedings are instituted), give a direction about the allocation to one
or other Division of those proceedings or proceedings of that kind.