NCJ Number
64598
Journal
SYDNEY LAW REVIEW Volume: 8 Issue: 2 Dated: (DECEMBER 1977) Pages: 285-293
Date Published
1977
Length
9 pages
Annotation
THE ORGANIZATION AND JURISDICTION OF THE AUSTRALIAN FEDERAL COURT, ESTABLISHED IN 1976, IS DESCRIBED BY ITS CHIEF JUDGE.
Abstract
ALTHOUGH THE FRAMERS OF THE AUSTRALIAN CONSTITUTION ENVISIONED A FEDERAL COURT SYSTEM DEVOTED TO INTERPRETING AND ENFORCING COMMONWEALTH LEGISLATION, THE NEW FEDERAL COURT WAS CREATED TO RELIEVE THE WORKLOAD OF THE HIGH COURT. THE FEDERAL COURT IS DIVIDED INTO A GENERAL AND AN INDUSTRIAL DIVISION WITH JUDGES APPOINTED BY THE GOVERNOR-GENERAL. THE GENERAL DIVISION HAS ORIGINAL JURISDICTION OVER A WIDE VARIETY OF MATTERS, BUT MOST CASES ARE EXPECTED TO INVOLVE VIOLATIONS OF TRADE PRACTICES, BANKRUPTCY, AND ADMINISTRATIVE LAW. IN THE LAST AREA, THE COURT IS EMPOWERED TO HEAR APPEALS REFERRED FROM THE ADMINISTRATIVE APPEALS TRIBUNAL AND CAN REVIEW ADMINISTRATIVE DECISIONS MADE UNDER COMMONWEALTH LEGISLATION. APPEALS ARE IN THE JURISDICTION OF THE GENERAL DIVISION AND INCLUDE STATE SUPREME COURT DECISIONS, INCOME TAX, AND TRADEMARKS. THE INDUSTRIAL DIVISION HEARS MATTERS ARISING FROM LEGISLATION ON ARBITRATION AND THE STEVEDORING INDUSTRY THAT WERE UNDER THE AUSTRALIAN INDUSTRIAL COURT. PRACTIONERS WHO ARE ENTITLED TO PRACTICE IN A STATE OR TERRITORY SUPREME COURT CAN APPEAR BEFORE THE FEDERAL COURT. APPEALS TO THE HIGH COURT FROM THE FEDERAL COURT ARE RESTRICTED AND GENERALLY MUST BE CASES INVOLVING $20,000 OR MORE. TRASITIONAL PROVISIONS WERE ENACTED TO HANDLE PROCEEDINGS AND APPEALS WHICH WERE PENDING WHEN THE NEW COURT WAS ESTABLISHED. THE FEDERAL COURT WILL BECOME THE PRIMARY ARBITER IN CASES INVOLVING BUSINESS CONDUCT, ADMINISTRATION OF GOVERNMENT, AND INDUSTRIAL RELATIONS. THROUGH ITS APPELLATE JURISDICTION, THE COURT WILL ALSO HAVE CONSIDERABLE INFLUENCE ON THE DEVELOPMENT OF LEGAL DOCTRINES CONCERNING INCOME TAX AND INDUSTRIAL PROPERTY MATTERS. THE FEDERAL COURT WILL NOT DIMINISH THE STATUS OF THE STATE SUPREME COURT, AND THE POTENTIAL FOR JURISDICTIONAL CONFLICTS BETWEEN THE FEDERAL AND STATE COURTS HAS BEEN GREATLY REDUCED BY THE LEGISLATION. FOOTNOTES ARE PROVIDED. (MJM)