JURISDICTION OF COURTS (CROSS-VESTING) ACT 1987 - SECT 3 Interpretation and application

JURISDICTION OF COURTS (CROSS-VESTING) ACT 1987 - SECT 3

  (1)   In this Act, unless the contrary intention appears:

"Federal Court" means the Federal Court of Australia.

"Full Court" , in relation to a Supreme Court of a State, includes any court of the State to which appeals lie from a single judge of that Supreme Court.

"judgment" means a judgment, decree or order, whether final or interlocutory.

"party" , in relation to a proceeding, includes a person who intervenes in the proceeding.

"proceeding" does not include a criminal proceeding.

"special federal matter" means:

  (a)   a matter arising under Part   IV of the Competition and Consumer Act 2010 (other than under section   45D, 45DA, 45DB, 45E or 45EA); or

  (aa)   a matter arising under the Competition Code (as defined in section   150A of the Competition and Consumer Act 2010 ) of the Australian Capital Territory or the Northern Territory; or

  (ab)   a matter arising under section   60G of the Family Law Act 1975 in a court other than the Family Court of Western Australia or the Supreme Court of the Northern Territory; or

  (b)   a matter involving the determination of questions of law on appeal from a decision of, or of questions of law referred or stated by, a tribunal or other body established by an Act or a person holding office under an Act, not being a matter for determination in an appeal or a reference or case stated to the Supreme Court of a State or Territory under a law of the Commonwealth that specifically provides for such an appeal, reference or case stated to such a court; or

  (c)   a matter arising under the Administrative Decisions (Judicial Review) Act 1977 ; or

  (e)   a matter that is within the original jurisdiction of the Federal Court by virtue of section   39B of the Judiciary Act 1903 ;

being a matter in respect of which the Supreme Court of a State or Territory would not, apart from this Act, have jurisdiction.

"State" includes the Australian Capital Territory and the Northern Territory.

"State Family Court" , in relation to a State, means a court of that State to which section   41 of the Family Law Act 1975 applies by virtue of a Proclamation made under subsection   41(2) of that Act.

"Territory" does not include the Australian Capital Territory or the Northern Territory.

  (2)   A reference in this Act, other than a reference in subsection   4(1), 5(3) or 7(4), to the Supreme Court of a State includes, if there is a State Family Court of that State, a reference to that State Family Court.

  (3)   This Act extends to every external Territory.

  (4)   Jurisdiction conferred on the Federal Court by an application law (as defined in section   150A of the Competition and Consumer Act 2010 ), of the Australian Capital Territory or the Northern Territory, is to be treated for the purposes of this Act as if that jurisdiction were federal jurisdiction.