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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Federal Courts (State Jurisdiction) Bill 1999
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation 2
4. Meaning of "ineffective judgment" 4
5. Crown is bound 5
Part 2 -- Rights and Liabilities
6. Rights and liabilities declared in certain cases 6
7. Effect of declared rights and liabilities 7
8. Effect of things done or omitted to be done under or in
relation to rights and liabilities 7
9. Section 6 regarded as having ceased to have effect in
certain cases 9
10 . Powers of WA Courts in relation to declared rights
and liabilities 9
11 . Certain proceedings may be treated as proceedings in
a WA court 10
12 . Proceedings for contempt 12
Part 3 -- General
13 . Evidentiary matters 13
14 . Act not to apply to certain judgments 13
15 . Regulations 13
page i
107 -- 1B
Federal Courts (State Jurisdiction) Bill 1999
Contents
Part 4 -- Consequential amendments
Division 1 -- Amendment that commences on Royal
Assent
16 . Competition Policy Reform (Western Australia)
Act 1996 amended 14
Division 2 -- Amendments that commence on
proclamation
17 . Agricultural and Veterinary Chemicals (Western
Australia) Act 1995 amended 14
18 . Competition Policy Reform (Western Australia)
Act 1996 amended 14
19 . Corporations (Western Australia) Act 1990 amended 14
20 . Gas Pipelines Access (Western Australia) Act 1998
amended 16
21 . Jurisdiction of Courts (Cross-Vesting) Act 1987
amended 16
page ii
Western Australia
LEGISLATIVE COUNCIL
Federal Courts (State Jurisdiction) Bill 1999
A Bill for
An Act to provide that certain decisions of the Federal Court of
Australia or the Family Court of Australia have effect as decisions of
the Supreme Court or the Family Court of Western Australia and to
make other provision relating to certain matters relating to the
jurisdiction of those courts.
The Parliament of Western Australia enacts as follows:
page 1
Federal Courts (State Jurisdiction) Bill 1999
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Federal Courts (State Jurisdiction)
Act 1999.
5 2. Commencement
(1) Subject to subsection (2), this Act comes into operation on the
day on which it receives the Royal Assent.
(2) Division 2 of Part 4 comes into operation on a day fixed by
proclamation.
10 (3) Different days may be fixed under subsection (2) for different
provisions.
3. Interpretation
In this Act, unless a contrary intention appears --
"applied administrative law" means a law of the State
15 applying a Commonwealth administrative law as a law of
the State;
"Commonwealth administrative law" means --
(a) any of the following Acts of the Commonwealth --
(i) Administrative Appeals Tribunal Act 1975;
20 (ii) Administrative Decisions (Judicial Review)
Act 1977;
(iii) Freedom of Information Act 1982;
(iv) Ombudsman Act 1976;
(v) Privacy Act 1988;
25 or
(b) any of the regulations in force under any of those
Acts;
page 2
Federal Courts (State Jurisdiction) Bill 1999
Preliminary Part 1
s. 3
"Commonwealth court" means --
(a) the Family Court of Australia; or
(b) the Federal Court;
"Family Court of Australia" means the Family Court of
5 Australia established by the Family Law Act 1975 of the
Commonwealth;
"Family Court of WA" means the Family Court of Western
Australia continued by the Family Court Act 1997;
"Federal Court" means the Federal Court of Australia
10 established by the Federal Court of Australia Act 1976 of
the Commonwealth;
"ineffective judgment" has the meaning given by section 4;
"judgment" means a judgment, decree or order, whether final
or interlocutory, or a sentence;
15 "liability" includes a duty or obligation;
"proceeding" includes an initiating application;
"relevant State Act" means any of the following Acts --
(a) Agricultural and Veterinary Chemicals (Western
Australia) Act 1995;
20 (b) Civil Aviation (Carriers' Liability) Act 1961;
(c) Competition Policy Reform (Western Australia)
Act 1996;
(d) Corporations (Western Australia) Act 1990;
(e) Family Court Act 1997;
25 (f) Gas Pipelines Access (Western Australia) Act 1998;
(g) Jurisdiction of Courts (Cross-Vesting) Act 1987;
(h) National Crime Authority (State Provisions)
Act 1985;
(i) any other Act that is prescribed by the regulations;
30 "right" includes an interest or status;
page 3
Federal Courts (State Jurisdiction) Bill 1999
Part 1 Preliminary
s. 4
"State family law matter" means a matter in which the Family
Court of WA has jurisdiction other than by reason of a law
of the Commonwealth or of another State or of a Territory;
"State matter" means --
5 (a) a matter in which the Supreme Court has jurisdiction
otherwise than by reason of a law of the
Commonwealth or of another State or of a Territory;
(b) a matter that has been removed to the Supreme Court
under section 8 of the Jurisdiction of Courts
10 (Cross-Vesting) Act 1987;
(c) a matter in respect of which a relevant State Act
purports or purported to confer jurisdiction on a
Commonwealth Court; or
(d) a matter arising under or in respect of an applied
15 administrative law,
but not a State family law matter.
4. Meaning of "ineffective judgment"
(1) A reference in this Act to an "ineffective judgment" is a
reference to a judgment of a Commonwealth court in a State
20 matter or a State family law matter given or recorded, before the
commencement of this section, in the purported exercise of
jurisdiction purporting to have been conferred on the
Commonwealth Court by a relevant State Act.
(2) If --
25 (a) a Full Court of the Federal Court of Australia 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 ineffective
30 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
page 4
Federal Courts (State Jurisdiction) Bill 1999
Preliminary Part 1
s. 5
extent to which, it purports or purported to have effect from
time to time.
5. Crown is bound
This Act binds the Crown in right of Western Australia and, in
5 so far as the legislative power of the Parliament of Western
Australia permits, the Crown in all its other capacities.
page 5
Federal Courts (State Jurisdiction) Bill 1999
Part 2 Rights and Liabilities
s. 6
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 have been, the same as if --
5 (a) each ineffective judgment in a State matter --
(i) of the Federal Court of Australia, otherwise than
as a Full Court of the Federal Court of Australia;
or
(ii) of the Family Court of Australia, otherwise than
10 as a Full Court of the Family Court of Australia,
had been a valid judgment of the Supreme Court
constituted by a single judge of the Supreme Court;
(b) each ineffective judgment in a State family law
matter --
15 (i) of the Federal Court of Australia, otherwise than
as a Full Court of the Federal Court of Australia;
or
(ii) of the Family Court of Australia, otherwise than
as a Full Court of the Family Court of Australia,
20 had been a valid judgment of the Family Court of WA
constituted by a single judge of the Family Court of
WA; and
(c) each ineffective judgment in a State matter or a State
family law matter --
25 (i) of a Full Court of the Federal Court of Australia;
or
(ii) of a Full Court of the Family Court of Australia,
had been a valid judgment of the Full Court of the
Supreme Court.
page 6
Federal Courts (State Jurisdiction) Bill 1999
Rights and Liabilities Part 2
s. 7
7. Effect of declared rights and liabilities
(1) A right or liability conferred, imposed or affected by
section 6 --
(a) is exercisable or enforceable; and
5 (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 judgment of the Supreme Court or the Family Court of WA, as
the case requires.
10 (2) Without limiting subsection (1) or section 6, 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
purported proceeding in which the ineffective judgment was
given or recorded to appeal against that judgment.
15 (3) For the purposes of subsection (2) --
(a) each ineffective judgment referred to in section 6(a) is
deemed to be a judgment of a single judge of the
Supreme Court; and
(b) each ineffective judgment referred to in section 6(b) is
20 deemed to be a judgment of a single judge of the Family
Court of WA.
8. Effect of things done or omitted to be done under or in
relation to rights and liabilities
(1) In this section --
25 "enforcement law" means a provision of a law (other than a
law relating to contempt of court) that sets out a
consequence for a person if the person --
(a) contravenes; or
page 7
Federal Courts (State Jurisdiction) Bill 1999
Part 2 Rights and Liabilities
s. 8
(b) acts in a specified way while there is in force,
a judgment, or a particular kind of judgment, given by a
court.
(2) Any act or thing done or omitted to be done before or after the
5 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 same
consequences, for the purposes of any written or other
law; and
10 (b) is to be regarded as always having had the same effect,
and given rise to the same 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 on, a judgment of the
15 Supreme Court or the Family Court of WA, as the case requires.
(3) 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 always having given rise to the same consequences, as if --
20 (a) each ineffective judgment in a State matter 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 recorded; and
(b) each ineffective judgment in a State family law matter to
25 which section 6(b) refers were a valid judgment of the
Family Court of WA given in or in relation to the
proceeding in or in relation to which the ineffective
judgment was given or recorded; and
(c) each ineffective judgment in a State family law matter to
30 which section 6(c) refers were a 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 recorded.
page 8
Federal Courts (State Jurisdiction) Bill 1999
Rights and Liabilities Part 2
s. 9
9. Section 6 regarded as having ceased to have effect in certain
cases
(1) If --
(a) before the commencement of this section, a
5 Commonwealth 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
(b) the new judgment replaced the earlier judgment,
10 section 6 has no effect in respect of the earlier judgment.
(2) For the purposes of subsection (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 purportedly conferred
15 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 earlier judgment.
10. Powers of WA Courts in relation to declared rights and
20 liabilities
(1) The Supreme Court may vary, revoke, set aside, revive or
suspend a right or liability conferred, imposed or affected by
section 6(a) or 6(c) as if it were a right or liability conferred,
imposed or affected by the Supreme Court in or in relation to
25 proceedings of the kind in or in relation to which the ineffective
judgment was given or recorded.
(2) The Family Court of WA may vary, revoke, set aside, revive or
suspend a right or liability conferred, imposed or affected by
section 6(b) as if it were a right or liability conferred, imposed
30 or affected by the Family Court of WA in or in relation to
proceedings of the kind in or in relation to which the ineffective
judgment was given or recorded.
page 9
Federal Courts (State Jurisdiction) Bill 1999
Part 2 Rights and Liabilities
s. 11
(3) In addition to its powers under subsection (1) the Supreme
Court, and in addition to its powers under subsection (2) the
Family Court of WA, also has power to give a judgment
achieving any other result that could have been achieved if --
5 (a) the ineffective judgment had been a valid judgment of
that 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) that court had been considering whether --
10 (i) to vary, revoke, set aside, revive or suspend that
judgment;
(ii) to extend the time for the doing of any thing; or
(iii) to grant a stay of proceedings.
11. Certain proceedings may be treated as proceedings in a WA
15 court
(1) In this section --
"limitation law" means --
(a) the Limitation Act 1935;
(b) any other law that provides for the limitation or
20 exclusion of any liability or the barring of a right of
action in respect of a claim by reference to the time
when a proceeding on, or the arbitration of, the claim
is commenced;
"relevant order" means --
25 (a) an order of a Commonwealth court, whether made
before or after the commencement of this section,
dismissing, striking out or staying a proceeding
relating to a State matter or a State family law matter
for want of jurisdiction;
30 (b) a declaration by a Commonwealth court, 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 a State family law matter; or
page 10
Federal Courts (State Jurisdiction) Bill 1999
Rights and Liabilities Part 2
s. 11
(c) any other decision or determination by a
Commonwealth court, whether made before or after
the commencement of this section, that it has no
jurisdiction to hear and determine a proceeding
5 relating to a State matter or a State family law matter.
(2) A person who was a party to a proceeding relating to a State
matter in which a relevant order is made may apply to the
Supreme Court for an order that the proceeding be treated as a
proceeding in the Supreme Court and the Supreme Court may
10 make such an order.
(3) A person who was a party to a proceeding relating to a State
family law matter in which a relevant order is made may
apply --
(a) if the Commonwealth court that made the relevant order
15 was not constituted as a Full Court -- to the Family
Court of WA for an order that the proceeding be treated
as a proceeding in the Family Court of WA and the
Family Court of WA may make such an order; or
(b) if the Commonwealth court that made the relevant order
20 was constituted as a Full Court -- to the 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.
(4) If a court makes an order under subsection (2) or (3), the
25 proceeding, despite the relevant order --
(a) becomes, and must be recorded by that court as, a
proceeding in that court; and
(b) for the purposes of any limitation law and for all other
purposes, is deemed to have been brought in that court
30 on the day on which the proceeding was first recorded as
a proceeding in the Commonwealth court.
page 11
Federal Courts (State Jurisdiction) Bill 1999
Part 2 Rights and Liabilities
s. 12
(5) The Supreme Court or the Family Court of WA may make such
ancillary orders in relation to an order made under
subsection (2) or (3) as it considers necessary for the purposes
of the proceeding being treated as, becoming and being
5 recorded as, a proceeding in that court.
12. Proceedings for contempt
If, before or after the commencement of this section, a
person --
(a) has interfered with a right conferred or affected by
10 section 6; or
(b) has failed to satisfy or comply with a liability 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
15 the interference or failure had been in relation to a right
conferred or affected, or a liability imposed or affected, by --
(c) in the case of an ineffective judgment referred to in
section 6(a) or 6(c) -- an order of the Supreme Court; or
(d) in the case of an ineffective judgment referred to in
20 section 6(b) -- an order of the Family Court of WA.
page 12
Federal Courts (State Jurisdiction) Bill 1999
General Part 3
s. 13
Part 3 -- General
13. Evidentiary matters
A Commonwealth court record, or a copy of a Commonwealth
court record, of an ineffective judgment may be adduced in
5 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
Nothing in this Act applies to --
(a) a judgment given or recorded by the Federal Court of
10 Australia that has been declared to be invalid, or has
been quashed or overruled, by a Full Court of the
Federal Court of Australia before the commencement of
this section (otherwise than on the ground that the court
had no jurisdiction); or
15 (b) a judgment given or recorded by the Family Court of
Australia that has been declared to 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
20 had no jurisdiction).
15. Regulations
The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
necessary or convenient to be prescribed, for giving effect to the
25 purposes of this Act.
page 13
Federal Courts (State Jurisdiction) Bill 1999
Part 4 Consequential amendments
Division 1 Amendment that commences on Royal Assent
s. 16
Part 4 -- Consequential amendments
Division 1 -- Amendment that commences on Royal Assent
16. Competition Policy Reform (Western Australia) Act 1996
amended
5 Section 22 of the Competition Policy Reform (Western
Australia) Act 1996* is repealed.
[* Act No. 52 of 1996.]
Division 2 -- Amendments that commence on proclamation
17. Agricultural and Veterinary Chemicals (Western Australia)
10 Act 1995 amended
Section 19 of the Agricultural and Veterinary Chemicals
(Western Australia) Act 1995* is repealed.
[* Act No. 3 of 1995.]
18. Competition Policy Reform (Western Australia) Act 1996
15 amended
(1) The amendments in this section are to the Competition Policy
Reform (Western Australia) Act 1996*.
[* Act No. 52 of 1996.]
(2) Section 21 is repealed.
20 (3) Section 23 is repealed.
(4) The heading to Division 3 of Part 5 is repealed.
19. Corporations (Western Australia) Act 1990 amended
(1) The amendments in this section are to the Corporations
(Western Australia) Act 1990*.
25 [* Act No. 105 of 1990.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 56.]
page 14
Federal Courts (State Jurisdiction) Bill 1999
Consequential amendments Part 4
Amendments that commence on proclamation Division 2
s. 19
(2) Section 41(1) is amended by deleting the definition of "superior
court" and inserting instead --
"
"superior court" means the Supreme Court of a State
5 or Territory or a State Family Court;
".
(3) Section 41(2)(a)(viii) and "and" after it is deleted.
(4) Section 42(3) is repealed.
(5) Section 42A(1) is repealed.
10 (6) Section 43(1) is amended by deleting "or to the Federal Court or
(except in the case of an appeal from the Family Court of
Western Australia) to the Family Court".
(7) Section 43(2) and (3) are repealed.
(8) Section 43(4) is amended by deleting "to the Federal Court, to
15 the Family Court,".
(9) Section 43(5) is amended by deleting "or to the Family Court".
(10) Section 43(6) is amended by deleting "to the Federal Court,".
(11) Section 44A(1) is amended by deleting "a court" and inserting
instead --
20 " a State Family Court ".
(12) Section 44A(2) is amended as follows:
(a) in paragraph (a) by deleting "in the Federal Court, or";
(b) in paragraph (b) by deleting "the Federal Court, or";
(c) in paragraph (c) by deleting "the Federal Court, or";
25 (d) by deleting "to the Federal Court, or";
(e) by deleting ", as the case may be".
(13) Section 44A(3) is amended by deleting "another court" in the 2
places where it occurs and in each place inserting instead --
" another State Family Court ".
page 15
Federal Courts (State Jurisdiction) Bill 1999
Part 4 Consequential amendments
Division 2 Amendments that commence on proclamation
s. 20
(14) Section 45(3) is amended in the definition of "relevant
jurisdiction" by deleting paragraphs (a) and (b).
(15) Section 50(1) is amended by deleting "the Federal Court, the
Family Court or".
5 (16) Section 50(2) is amended by deleting "the Federal Court, the
Family Court," in the 2 places where it occurs.
(17) Section 52 is repealed.
(18) Section 52A(1) is repealed.
(19) Section 54(2)(a)(vii) is amended by deleting ", and rules of
10 court applied by the Federal Court because of a provision of this
Act,".
20. Gas Pipelines Access (Western Australia) Act 1998 amended
Division 2 of Part 4 of the Gas Pipelines Access (Western
Australia) Act 1998* is repealed.
15 [* Act No. 65 of 1998.]
21. Jurisdiction of Courts (Cross-Vesting) Act 1987 amended
(1) The amendments in this section are to the Jurisdiction of Courts
(Cross-Vesting) Act 1987*.
[* Act No. 68 of 1987.
20 For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p.130.]
(2) Section 4(1) and (2) are repealed.
(3) Section 4(5) is amended as follows:
(a) by deleting "(1), (2), ";
25 (b) by deleting "the Federal Court, the Family Court or".
page 16
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