Commonwealth Numbered Acts

LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1997 No. 34 of 1997 - SCHEDULE 11

Schedule 11-Amendment of the Judiciary Act 1903 1 After subsection 39B(1)
Insert:

(1A) The original jurisdiction of the Federal Court of Australia also includes
jurisdiction in any matter:

   (a)  in which the Commonwealth is seeking an injunction or a declaration;
        or

   (b)  arising under the Constitution, or involving its interpretation; or

   (c)  arising under any laws made by the Parliament. 2 At the end of Part
        VIIIA
Add: 55H Lawyers employed by a State, the Australian Capital Territory or the
Northern Territory

(1) If:

   (a)  services of a legal professional nature are provided to a person or
        body (the client) by an officer of, or a person employed in, a
        Government Department of a State, of the Australian Capital Territory
        or of the Northern Territory in his or her capacity as such an officer
        or employee in the course of acting for the client in proceedings in a
        federal court or in a tribunal established by a law of the
        Commonwealth; and

   (b)  the Department charges the client for any of the services or for
        disbursements incurred in connection with any of the services; the
        amount charged may be recovered by the client as costs incurred by the
        client in the proceedings.

(2) If an amount charged as mentioned in paragraph (1)(b) is not an amount of
disbursement then, for the following purposes:

   (a)  an application to a federal court, or to a tribunal established by a
        law of the Commonwealth, for the award of costs;

   (b)  the taxation of those costs;

   (c)  the recovery of those costs by the client; the amount charged is taken
        to have been paid by the client. 3 Section 78AA
Repeal the section, substitute: 78AA State includes Australian Capital
Territory and Northern Territory
In this Division:
State includes the Australian Capital Territory and the Northern Territory.