Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976

TABLE OF PROVISIONS

           Long Title

   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  

   PART II--FEDERAL COURT OF

           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  

   PART IIA--MANAGEMENT OF THE COURT

           Division 1--Management responsibilities of Chief Justice and Registrar

   18A.    Management of administrative affairs of Court  
   18B.    Registrar  

           Division 2--Appointment, powers etc

   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  

           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.  

           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  

   PART III--JURISDICTION OF THE COURT

           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  

           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  

           Division 3--General

   31.     Contempt of Court  
   31A.    Summary judgment  
   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  

   PART IIIA--TRANS-TASMAN MARKET PROCEEDINGS

           Division 1--Preliminary

   32B.    Interpretation  

           Division 2--Exercise in

   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.  

           Division 3--Exercise in

   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.  

           Division 4--Taking of evidence by Federal Court for High Court of

   32T.    Taking of evidence by Federal Court  
   32U.    Privilege of witnesses  
   32V.    Division not to derogate from existing Australian laws  

           Division 5--Enforcement of judgments of High Court of

   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  

           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  

   PART IV--APPEALS TO HIGH COURT

   33.     Appeals to High Court  

   PART IVA--REPRESENTATIVE PROCEEDINGS

           Division 1--Preliminary

   33A.    Interpretation  
   33B.    Application  

           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  

           Division 3--Notices

   33X.    Notice to be given of certain matters  
   33Y.    Notices--ancillary provisions  

           Division 4--Judgment etc

   33Z.    Judgment--powers of the Court  
   33ZA.   Constitution etc. of fund  
   33ZB.   Effect of judgment  

           Division 5--Appeals

   33ZC.   Appeals to the Court  
   33ZD.   Appeals to the High Court--extended operation of sections 33ZC and 33ZF  

           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  

   PART V--REGISTRIES, OFFICERS AND SEAL

   34.     Registries  
   35.     Officers of Court  
   35A.    Powers of Registrars  
   36.     Seal of Court  
   37.     Writs etc.  
   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  

   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  

   PART VII--RULES OF COURT AND REGULATIONS

   59.     Rules of Court  
   59A.    Regulations modifying or adapting the Legislative Instruments Act 2003  
   60.     Regulations relating to fees  
           SCHEDULE