Jurisdiction of the Federal Circuit Court
The jurisdiction of the Federal Circuit Court includes family law and child support, administrative law, bankruptcy, human rights, consumer matters, privacy, migration, copyright, industrial law and admiralty law. The court shares those jurisdictions with the Family Court of Australia and the Federal Court of Australia. Some work in those jurisdictions continues to be done in state courts also.
The jurisdiction conferred on the Federal Circuit Court is concurrent with that of the Family Court and the Federal Court. That is, the Federal Circuit Court has no exclusive jurisdiction and in some areas its jurisdiction is less extensive than that of the Federal Court and Family Court.
The Federal Circuit Court does not deal with criminal matters.
Family Law and Child Support
In the Family law area, the Federal Circuit Court has jurisdiction in the following matters:
The Federal Circuit Court has the same jurisdiction as the Family Court of Australia in relation to matters under the Child Support Act.
The Federal Circuit Court has no jurisdiction to determine matters relating to adoption or applications concerning nullity or validity of marriage.
For comprehensive information on family law, including forms and publications, please visit www.familylawcourts.gov.au. The Family Law Courts comprise the Family Court and the Federal Circuit Court.
General Federal Law
In general federal law matters, the Federal Circuit Court shares jurisdiction with the Federal Court in areas such as administrative law, bankruptcy, human rights, consumer matters, privacy, migration, copyright, industrial law and admiralty law.
The Federal Circuit Court has an identical jurisdiction to that of the Federal Court of Australia in matters arising under the Bankruptcy Act 1966 and the Human Rights and Equal Opportunity Commission Act 1986.
The Federal Circuit Court also has an identical jurisdiction to that of the Federal Court in matters under the Administrative Decision (Judicial Review) Act 1977 and in relation to appeals from the Administrative Appeals Tribunal that are transferred to the Federal Circuit Court by the Federal Court.
The Federal Circuit Court has concurrent jurisdiction with the Federal Court to review visa-related decisions of the Migration Review Tribunal, the Refugee Review Tribunal and the Administrative Appeals Tribunal.
In consumer matters the Federal Circuit Court has civil jurisdiction with respect to claims under the following provisions of the Competition and Consumer Act 2010 (formerly the Trade Practices Act 1974):
The Court can provide injunctive relief and award damages up to $750,000.
The Court also has civil jurisdiction with respect to claims under the National Consumer Credit Protection Act 2009.
The Federal Circuit Court has jurisdiction to hear and determine civil copyright matters under the Copyright Act 1968, as amended by the Copyright Amendment (Parallel Importation) Act 2003. In particular, the court can deal with matters arising under Parts V, VAA, IX and section 248J of the Copyright Act 1968.
The Federal Circuit Court has jurisdiction to hear and determine matters under the Workplace Relations Act 1996. In particular, the Court can hear matters under Section 170 CP of the Act, including unlawful terminations, unfair contracts and breaches of agreement making.
Under the Admiralty Act (1988), the Federal Circuit Court shares jurisdiction with the Federal Court and state courts in respect of proceedings commenced as actions in personam (against a person) on a maritime claim or on a claim for damage done to a ship. The Federal Court and State Supreme Courts can remit actions in rem (against a ship or other property) to the Federal Circuit Court for determination.
For more information see:
ABN 60 265 617 271
Our assistance phone line is 1300 352 000
Our E-mail address for family law enquiries (including divorce) is email@example.com
Our E-mail address for general federal law enquiries is firstname.lastname@example.org,
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Page Updated 31 March 2011