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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Federal Courts (State Jurisdiction) Act 1999
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Definitions 2
4. Meaning of ineffective judgment 3
5. Act to bind the Crown 4
PART 2--RIGHTS AND LIABILITIES 5
6. Rights and liabilities declared in certain cases 5
7. Effect of declared rights and liabilities 5
8. Effect of things done or omitted to be done under or in relation to
rights and liabilities 6
9. Section 6 regarded as having ceased to have effect in certain
cases 7
10. Powers of Supreme Court in relation to declared rights and
liabilities 8
11. Certain proceedings may be treated as proceedings in Supreme
Court 9
12. Proceedings for contempt 10
13. Evidentiary 11
14. Act not to apply to certain judgments 11
PART 3--GENERAL 12
15. Jurisdiction of courts 12
16. Supreme Court--limitation of jurisdiction 12
17. Regulations 12
PART 4--AMENDMENT OF CERTAIN ACTS 13
18. Competition Policy Reform (Victoria) Act 1995 13
19. New Tax System Price Exploitation Code (Victoria) Act 1999 13
NOTES 14
i
541009B.I1-11/11/99
PARLIAMENT OF VICTORIA
Initiated in Council 9 November 1999
A BILL
relating to the ineffective conferral of jurisdiction on the Federal Court
of Australia and the Family Court of Australia with respect to certain
matters, to amend the Competition Policy Reform (Victoria) Act
1995 and the New Tax System Price Exploitation Code (Victoria)
Act 1999 and for other purposes.
Federal Courts (State Jurisdiction) Act
1999
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to provide that certain
decisions of the Federal Court of Australia or the
5 Family Court of Australia have effect for certain
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Federal Courts (State Jurisdiction) Act 1999
s. 2
Act No.
purposes as decisions of the Supreme Court and to
make other provision relating to the jurisdiction of
those courts.
2. Commencement
5 This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Definitions
In this Act--
"applied administrative law" means a law of the
10 State applying a Commonwealth
administrative law as a law of the State;
"Commonwealth administrative law" means--
(a) any of the following Acts of the
Commonwealth--
15 (i) Administrative Appeals Tribunal
Act 1975;
(ii) Administrative Decisions (Judicial
Review) Act 1977;
(iii) Freedom of Information Act 1982;
20 (iv) Ombudsman Act 1976;
(v) Privacy Act 1988; or
(b) any of the regulations in force under
any of those Acts;
"federal court" means the Federal Court of
25 Australia or the Family Court of Australia;
"ineffective judgment" has the meaning given
by section 4;
"judgment" means a judgment, decree or order,
whether final or interlocutory, or a sentence;
30 "liability" includes a duty or obligation;
"proceeding" includes an initiating application;
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4
Act No.
"relevant State Act" means any of the following
Acts--
(a) Agricultural and Veterinary
Chemicals (Victoria) Act 1994;
5 (b) Competition Policy Reform
(Victoria) Act 1995;
(c) Corporations (Victoria) Act 1990;
(d) Gas Pipelines Access (Victoria) Act
1998;
10 (e) Jurisdiction of Courts (Cross-
vesting) Act 1987;
(f) National Crime Authority (State
Provisions) Act 1984;
(g) New Tax System Price Exploitation
15 Code (Victoria) Act 1999;
(h) a prescribed Act;
"right" includes an interest or status;
"State matter" means a matter--
(a) in which the Supreme Court has
20 jurisdiction otherwise than by reason of
a law of the Commonwealth or of
another State or a Territory; or
(b) which has been removed to the
Supreme Court under section 8 of the
25 Jurisdiction of Courts (Cross-
vesting) Act 1987; or
(c) in respect of which a relevant State Act
purports or purported to confer
jurisdiction on a federal court; or
30 (d) arising under or in respect of an applied
administrative law.
4. Meaning of ineffective judgment
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Act No.
(1) A reference in this Act to an "ineffective
judgment" is a reference to a judgment of a
federal court in a State matter given or recorded,
before the commencement of this section, in the
5 purported exercise of jurisdiction purporting to
have been conferred on the federal court by a
relevant State Act.
(2) If--
(a) a Full Court of the Federal Court of Australia
10 in its appellate jurisdiction has purported to
affirm, reverse or vary an ineffective
judgment; or
(b) a Full Court of the Family Court of Australia
has purported to affirm, reverse or vary an
15 ineffective judgment--
a reference in this Act to the ineffective judgment
is a reference to the ineffective judgment in the
form in which, and to the extent to which, it
purports or purported to have effect from time to
20 time.
5. Act to bind the Crown
This Act binds the Crown in right of the State of
Victoria and, to the extent to which the power of
the Parliament permits, the Crown in all its other
25 capacities.
_______________
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Federal Courts (State Jurisdiction) Act 1999
s. 6
Act No.
PART 2--RIGHTS AND LIABILITIES
6. 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
5 have been, the same as if--
(a) each ineffective judgment of--
(i) the Federal Court of Australia,
otherwise than as a Full Court of the
Federal Court of Australia; or
10 (ii) the Family Court of Australia,
otherwise than as a Full Court of the
Family Court of Australia--
had been a valid judgment of the Supreme
Court or, in the case of an ineffective
15 judgment given or recorded on or after
7 June 1995, of the Trial Division of the
Supreme Court; and
(b) each ineffective judgment of--
(i) a Full Court of the Federal Court of
20 Australia; or
(ii) a Full Court of the Family Court of
Australia--
had been a valid judgment of the Full Court
of the Supreme Court or, in the case of an
25 ineffective judgment given or recorded on or
after 7 June 1995, of the Court of Appeal.
7. Effect of declared rights and liabilities
(1) A right or liability conferred, imposed or affected
by section 6--
30 (a) is exercisable or enforceable; and
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(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 Supreme
5 Court.
(2) Without limiting section 6 or sub-section (1) of
this section, the rights and liabilities conferred,
imposed or affected by section 6 include the right
of a person who was a party to the proceeding or
10 purported proceeding in which the ineffective
judgment was given or recorded to appeal against
that judgment.
(3) For the purposes of sub-section (2), each
ineffective judgment of--
15 (a) the Federal Court of Australia, otherwise
than as a Full Court of the Federal Court of
Australia; or
(b) the Family Court of Australia, otherwise
than as a Full Court of the Family Court of
20 Australia--
is deemed to be a valid judgment of the Trial
Division of the Supreme Court.
8. Effect of things done or omitted to be done under or
in relation to rights and liabilities
25 (1) Any act or thing done or omitted to be done
before or after the commencement of this section
under or in relation to a right or liability
conferred, imposed or affected by section 6--
(a) has the same effect, and gives rise to the
30 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 given rise to the same
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s. 9
Act No.
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
5 on, a valid judgment of the Supreme Court.
(2) For the purposes of an enforcement law, any act
or thing done or omitted to be done before or after
the commencement of this section gives rise to the
same consequences, and is to be regarded as
10 always having given rise to the same
consequences, as if each ineffective judgment
were a valid judgment of the Supreme Court given
in or in relation to the proceeding in or in relation
to which the ineffective judgment was given or
15 recorded.
(3) In this section--
"enforcement law" means a provision of a law
(other than a law relating to contempt of
court) that sets out a consequence for a
20 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,
25 given by a court.
9. Section 6 regarded as having ceased to have effect in
certain cases
(1) If--
(a) before the commencement of this section, a
30 court gave or recorded an ineffective
judgment ("the new judgment") on the basis
that an earlier ineffective judgment ("the
earlier judgment") was or might be of no
effect; and
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s. 10
Act No.
(b) the new judgment replaced the earlier
judgment--
section 6 has no effect in respect of the earlier
judgment.
5 (2) For the purposes of sub-section (1)(b), the new
judgment replaced the earlier judgment if the new
judgment--
(a) purportedly conferred or imposed rights or
liabilities similar to or different from those
10 purportedly conferred or imposed by the
earlier judgment; or
(b) purportedly affected rights or liabilities in a
way similar to or different from the way in
which they were purportedly affected by the
15 earlier judgment.
10. Powers of Supreme Court in relation to declared
rights and liabilities
(1) The Supreme Court may vary, revoke, set aside,
revive or suspend a right or liability conferred,
20 imposed or affected by section 6 as if it were a
right or liability validly conferred, imposed or
affected by the Supreme Court in or in relation to
proceedings of the kind in or in relation to which
the ineffective judgment was given or recorded.
25 (2) In addition to its powers under sub-section (1), the
Supreme Court also has power to give a judgment
achieving any other result that could have been
achieved if--
(a) the ineffective judgment had been a valid
30 judgment of the Supreme Court given in or
in relation to proceedings of the kind in or in
relation to which the ineffective judgment
was given or recorded; and
(b) the Supreme Court had been considering
35 whether--
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Federal Courts (State Jurisdiction) Act 1999
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Act No.
(i) to vary, revoke, set aside, revive or
suspend that judgment; or
(ii) to extend the time for the doing of any
thing; or
5 (iii) to grant a stay of proceedings.
11. Certain proceedings may be treated as proceedings in
Supreme Court
(1) In this section--
"limitation law" means--
10 (a) the Limitation of Actions Act 1958;
(b) any other law that provides for the
limitation or exclusion of liability or
the barring of a right of action in
respect of a claim by reference to the
15 time when a proceeding on, or the
arbitration of, the claim is commenced;
"relevant order" means--
(a) an order of a federal court, whether
made before or after the
20 commencement of this section,
dismissing, striking out or staying a
proceeding relating to a State matter for
want of jurisdiction; or
(b) a declaration by a federal court,
25 whether made before or after the
commencement of this section, that it
has no jurisdiction to hear and
determine a proceeding relating to a
State matter; or
30 (c) any other decision or determination by
a federal court, whether made before or
after the commencement of this section,
that it has no jurisdiction to hear and
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determine a proceeding relating to a
State matter.
(2) A person who was a party to a proceeding in
which a relevant order is made may apply to the
5 Supreme Court for an order that the proceeding be
treated as a proceeding in the Supreme Court and
the Supreme Court may make such an order.
(3) If the Supreme Court makes an order under sub-
section (2), the proceeding, despite the relevant
10 order--
(a) becomes, and must be recorded by the
Supreme Court as, a proceeding in the
Supreme Court; and
(b) for the purposes of any limitation law and for
15 all other purposes, is deemed to have been
brought in the Supreme Court on the day on
which the proceeding was first recorded as a
proceeding in the federal court.
(4) The Supreme Court may make such ancillary
20 orders in relation to an order under sub-section (2)
as it considers necessary for the purposes of the
proceeding being treated as, becoming and being
recorded as, a proceeding in the Supreme Court.
12. Proceedings for contempt
25 If, before or after the commencement of this
section, a person has--
(a) interfered with a right conferred or affected
by section 6; or
(b) failed to satisfy or comply with a liability
30 imposed or affected by section 6--
the interference or failure is, and is deemed
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
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s. 13
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affected, or a liability imposed or affected, by an
order of the Supreme Court.
13. Evidentiary
A federal court record, or a copy of a federal court
5 record, of an ineffective judgment may be
adduced in evidence to show the existence, nature
and extent of each right or liability conferred,
imposed or affected by section 6.
14. Act not to apply to certain judgments
10 Nothing in this Act applies to--
(a) a judgment given or recorded by the Federal
Court of Australia that has been declared to
be invalid, or has been quashed or overruled,
by a Full Court of the Federal Court of
15 Australia before the commencement of this
section (otherwise than on the ground that
the Court had no jurisdiction); or
(b) a judgment given or recorded by the Family
Court of Australia that has been declared to
20 be invalid, or has been quashed or overruled,
by a Full Court of the Family Court of
Australia before the commencement of this
section (otherwise than on the ground that
the Court had no jurisdiction).
25 _______________
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Federal Courts (State Jurisdiction) Act 1999
s. 15
Act No.
PART 3--GENERAL
15. Jurisdiction of courts
(1) Any provision of a relevant State law that purports
to confer jurisdiction on a federal court is taken
5 not to have that effect.
(2) Any provision of a law applied by a relevant State
Act that excludes or limits the jurisdiction of any
or all State courts is taken not to have that effect.
(3) This section does not operate--
10 (a) so as to prevent a federal court from
exercising jurisdiction (such as accrued
jurisdiction) in connection with a relevant
State law to the extent to which, but for sub-
section (1), that court could validly do so; or
15 (b) so as to prevent a relevant State law from
conferring jurisdiction on a federal court to
the extent to which, but for sub-section (1),
an Act could validly do so.
(4) In this section, "relevant State law" means a
20 relevant State Act, or a law as applied by a
relevant State Act, and includes a Commonwealth
administrative law.
16. Supreme Court--limitation of jurisdiction
It is the intention of Part 2 to alter or vary section
25 85 of the Constitution Act 1975.
17. Regulations
The Governor in Council may make regulations
for or with respect to any matter or thing required
or permitted to be prescribed or necessary to be
30 prescribed to give effect to this Act.
_______________
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Federal Courts (State Jurisdiction) Act 1999
s. 18
Act No.
PART 4--AMENDMENT OF CERTAIN ACTS
18. Competition Policy Reform (Victoria) Act 1995
No. 74/1995.
Sections 21, 22 and 38 of the Competition Policy
Amended by
Reform (Victoria) Act 1995 are repealed. No. 43/1999.
5 19. New Tax System Price Exploitation Code (Victoria)
Act 1999
No. 43/1999.
Sections 21, 22 and 38 of the New Tax System
Price Exploitation Code (Victoria) Act 1999 are
repealed.
10
13
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Federal Courts (State Jurisdiction) Act 1999
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
14
541009B.I1-11/11/99
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