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Federal Court of Australia Act 1976
No. 156, 1976
In force
Administered by
Attorney-General's Department
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C2004C00067
27 May 2004
-
31 December 2004
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Part I—Preliminary
1 Short title [see Note 1]
2 Commencement [see Notes 1 and 2]
3 Extension to Territories
4 Interpretation
4A Application of the Criminal Code
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Part II—Federal Court of Australia
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Division 1—Constitution of the Court
5 Creation of Court
6 Appointment, removal and resignation of Judges
7 Acting Chief Justice
8 Seniority
9 Salary and allowances of Judges
10 Appropriation
11 Oath or affirmation of office
12 Place of sitting
14 Manner in which Court may be constituted
15 Arrangement of business of Court
15A Consultation between Chief Justice and Chief Judge of Family Court
16 Court divided in opinion
17 Exercise of jurisdiction in open court and in Chambers
18 Powers of Court to extend to whole of Australia
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Part IIA—Management of the Court
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Division 1—Management responsibilities of Chief Justice and Registrar
18A Management of administrative affairs of Court
18B Registrar
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Division 2—Appointment, powers etc. of Registrar
18C Appointment of Registrar
18D Powers of Registrar
18E Remuneration of Registrar
18F Terms and conditions of appointment of Registrar
18G Leave of absence
18H Resignation
18J Outside employment of Registrar
18K Termination of appointment
18L Disclosure of interests by Registrar
18M Acting Registrar
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Division 3—Other officers and staff of Registries
18N Personnel other than the Registrar
18P Sheriff
18Q Statutory Agency etc. for purposes of Public Service Act
18R Engagement of consultants etc.
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Division 4—Miscellaneous administrative matters
18S Annual report
18W Delegation of administrative powers of Chief Justice
18X Proceedings arising out of administration of Court
18Y Oath or affirmation of office
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Part III—Jurisdiction of the Court
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Division 1—Original Jurisdiction
19 Original jurisdiction
20 Exercise of original jurisdiction
21 Declarations of right
22 Determination of matter completely and finally
23 Making of orders and issue of writs
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Division 2—Appellate and related Jurisdiction
24 Appellate jurisdiction
25 Exercise of appellate jurisdiction
26 Cases stated and questions reserved
27 Evidence on appeal
28 Form of judgment on appeal
29 Stay of proceedings and suspension of orders
29A Prison sentence not to include time on bail
30 New trials
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Division 3—General
31 Contempt of Court
32 Jurisdiction in associated matters
32AA Proceedings not to be instituted in the Court if an associated matter is before the Federal Magistrates Court
32AB Discretionary transfer of proceedings to the Federal Magistrates Court
32A State Supreme Courts invested with jurisdiction in Chambers
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Part IIIA—Trans-Tasman market proceedings
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Division 1—Preliminary
32B Interpretation
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Division 2—Exercise in New Zealand of jurisdiction by Federal Court
32C Federal Court sittings in New Zealand etc.
32D New Zealand counsel entitled to practise in Federal Court in New Zealand
32E Australian injunction may be made in relation to New Zealand conduct etc.
32F Service of injunction in New Zealand etc.
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Division 3—Exercise in Australia of jurisdiction by High Court of New Zealand
32M High Court of New Zealand sittings in Australia etc.
32N Privileges, protection and immunity of participants in New Zealand proceedings
32P High Court of New Zealand may administer oath in Australia etc.
32Q Service of New Zealand injunctions in Australia etc.
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Division 4—Taking of evidence by Federal Court for High Court of New Zealand
32T Taking of evidence by Federal Court
32U Privilege of witnesses
32V Division not to derogate from existing Australian laws
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Division 5—Enforcement of judgments of High Court of New Zealand
32W Registration of judgment in Federal Court
32X Variation of registered judgment
32Y Cases in which registration must be set aside
32Z Stay of enforcement of registered judgment
32ZA New Zealand judgment not enforceable otherwise than under Division
32ZB Application of rules of private international law
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Division 6—Miscellaneous
32ZC Jurisdiction of Federal Court under Part
32ZE Contempt of High Court of New Zealand
32ZF Reciprocal arrangements for use of court facilities
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Part IV—Appeals to High Court
33 Appeals to High Court
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Part IVA—Representative proceedings
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Division 1—Preliminary
33A Interpretation
33B Application
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Division 2—Commencement of representative proceeding
33C Commencement of proceeding
33D Standing
33E Is consent required to be a group member?
33F Persons under disability
33G Representative proceeding not to be commenced in certain circumstances
33H Originating process
33J Right of group member to opt out
33K Causes of action accruing after commencement of representative proceeding
33L Situation where fewer than 7 group members
33M Cost of distributing money etc. excessive
33N Order that proceeding not continue as representative proceeding where costs excessive etc.
33P Consequences of order that proceeding not continue under this Part
33Q Determination of issues where not all issues are common
33R Individual issues
33S Directions relating to commencement of further proceedings
33T Adequacy of representation
33U Stay of execution in certain circumstances
33V Settlement and discontinuance—representative proceeding
33W Settlement of individual claim of representative party
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Division 3—Notices
33X Notice to be given of certain matters
33Y Notices—ancillary provisions
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Division 4—Judgment etc.
33Z Judgment—powers of the Court
33ZA Constitution etc. of fund
33ZB Effect of judgment
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Division 5—Appeals
33ZC Appeals to the Court
33ZD Appeals to the High Court—extended operation of sections 33ZC and 33ZF
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Division 6—Miscellaneous
33ZE Suspension of limitation periods
33ZF General power of Court to make orders
33ZG Saving of rights, powers etc.
33ZH Special provision relating to claims under Part VI of the Trade Practices Act 1974
33ZJ Reimbursement of representative party’s costs
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Part V—Registries, officers and seal
34 Registries
35 Officers of Court
35A Powers of Registrars
36 Seal of Court
37 Writs etc.
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Part VA—Assessors
37A Appointment of assessors
37B Qualifications for appointment
37C Remuneration and allowances
37D Terms and conditions of appointment
37E Oath or affirmation of office
37F Leave of absence
37G Resignation
37H Termination of appointment—bankruptcy etc.
37I Termination of appointment—misbehaviour or incapacity
37J Suspension of assessors—misbehaviour or incapacity
37K Outside employment
37L Disclosure of interests
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Part VI—General
38 Practice and procedure
39 Trial without jury
40 Power of Court to direct trial of issues with a jury
41 Juries
42 Offences in relation to jurors
43 Costs
44 Oaths and affirmations
45 Swearing of affidavits
46 Orders and commissions for examination of witnesses
47 Oral, video link, telephone and affidavit evidence
47A Testimony by video link, audio link or other appropriate means
47B Appearances or submissions by video link, audio link or other appropriate means
47C Conditions for use of video links, audio links or other appropriate means
47D Putting documents to a person by video link, audio link or other appropriate means
47E Administration of oaths and affirmations
47F Expenses
47G New Zealand proceedings
48 Change of venue
49 Reserved judgments
50 Prohibition of publication of evidence etc.
51 Formal defects not to invalidate
51A Interest up to judgment
52 Interest on judgment
53 Enforcement of judgment
53A Mediation and arbitration
53AA Power of arbitrator to refer question of law to the Court
53AB Application to the Court for review of award on a question of law or for costs to be taxed
53B Admissions made to mediators
53C Protection of mediators and arbitrators
54 Arbitration awards
55 Actions by or against Sheriff
56 Security
57 Receivers
58 Offences by witness
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Part VII—Rules of Court and regulations
59 Rules of Court
60 Regulations relating to fees
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The Schedule
Notes to the STYLEREF ShortT \* MERGEFORMAT Federal Court of Australia Act 1976