Federal Court of Australia
Encyclopedia
The Federal Court of Australia is an Australia
n superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary criminal matters. Cases are heard at first instance by single Judges. The Court includes an appeal division referred to as the Full Court comprising three Judges, the only avenue of appeal from which lies to the High Court of Australia
. In the Australian court hierarchy
, the Federal Court occupies a position equivalent to the Supreme Courts of each of the states and territories. In relation to the other Courts in the federal stream, it is equal to the Family Court of Australia
, and superior to the Federal Magistrates' Court
. It was established in 1976 by the Federal Court of Australia Act.
The Chief Justice of the Federal Court is Patrick Keane
.
from the Federal Magistrates Court on all matters, with the exception of family law
, where the Family Court of Australia
has appellate jurisdiction. The Court also exercises general appellate jurisdiction in criminal and civil matters on appeal from the Supreme Court of the Australian Capital Territory
and the Supreme Court of Norfolk Island
. The Court also exercises appellate jurisdiction
in appeals from State Supreme Courts in some federal matters.
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary criminal matters. Cases are heard at first instance by single Judges. The Court includes an appeal division referred to as the Full Court comprising three Judges, the only avenue of appeal from which lies to the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
. In the Australian court hierarchy
Australian court hierarchy
There are two streams within the hierarchy of Australian courts, the federal stream and the state and territory stream. While the federal courts and the court systems in each state and territory are separate, the High Court of Australia remains the ultimate court of appeal for the Australian...
, the Federal Court occupies a position equivalent to the Supreme Courts of each of the states and territories. In relation to the other Courts in the federal stream, it is equal to the Family Court of Australia
Family Court of Australia
The Family Court of Australia is a superior Australian federal court of record which deals with family law matters. Together with the Federal Magistrates Court, it covers family law matters in all states and territories of Australia except Western Australia...
, and superior to the Federal Magistrates' Court
Federal Magistrates' Court of Australia
The Federal Magistrates Court is an Australian court established by the Federal Magistrates Act 1999 , although its first officers were not appointed until 2000...
. It was established in 1976 by the Federal Court of Australia Act.
The Chief Justice of the Federal Court is Patrick Keane
Patrick Keane
-Education:Chief Justice Keane was educated at St. Joseph's College, Gregory Terrace, the University of Queensland and at Magdalen College of the University of Oxford...
.
Original jurisdiction
The Federal Court has no inherent jurisdiction. Its jurisdiction flows from statute. The Court's original jurisdiction include matters arising from Commonwealth legislation such as, for example, matters relating to trade practices, native title, intellectual property, industrial relations, corporations, and bankruptcy.Appellate jurisdiction
The Federal Court of Australia also has appellate jurisdictionAppellate jurisdiction
Appellate jurisdiction is the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right...
from the Federal Magistrates Court on all matters, with the exception of family law
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
, where the Family Court of Australia
Family Court of Australia
The Family Court of Australia is a superior Australian federal court of record which deals with family law matters. Together with the Federal Magistrates Court, it covers family law matters in all states and territories of Australia except Western Australia...
has appellate jurisdiction. The Court also exercises general appellate jurisdiction in criminal and civil matters on appeal from the Supreme Court of the Australian Capital Territory
Supreme Court of the Australian Capital Territory
The Supreme Court of the Australian Capital Territory is the superior court for the ACT. It has unlimited jurisdiction within the territory in civil matters , and hears the most serious criminal matters...
and the Supreme Court of Norfolk Island
Supreme Court of Norfolk Island
The Supreme Court of Norfolk Island hears certain cases in the Australian territory of Norfolk Island. It is the superior Court of Norfolk Island...
. The Court also exercises appellate jurisdiction
Appellate jurisdiction
Appellate jurisdiction is the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right...
in appeals from State Supreme Courts in some federal matters.
Judges based in Sydney
- Arthur EmmettArthur Emmett (Australian judge)Arthur Robert Emmett is a judge of the Federal Court of Australia, a position to which he was appointed on 3 February 1997.Justice Emmett lectures in Roman law at the Sydney Law School, where he holds the title of Challis Lecturer in Roman Law. On 22 May 2009, the University of Sydney conferred...
(3 February 1997) - Margaret Stone (9 October 2000)
- Garry DownesGarry DownesJustice Garry Keith Downes AM is a judge of the Federal Court of Australia and President of the Administrative Appeals Tribunal. -Education:Downes attended Newington College and graduated from the University of Sydney Law School in 1967. His first job was as associate to then Chief Justice of...
(2 April 2002) President, Administrative Appeals Tribunal - Peter Jacobson (17 June 2002)
- Annabelle Bennett (5 May 2003)
- Richard Edmonds (5 May 2005)
- Steven Rares (2 February 2006)
- Dennis Cowdroy (13 March 2006)
- Robert Buchanan (8 September 2006)
- Geoffrey Flick (15 October 2007)
- Nye PerramNye PerramNye Perram is an Australian judge. He has been a Judge of the Federal Court of Australia since his appointment in August 2008 at the age of 39. Prior to his appointment, Perram practised as a Senior Counsel in Sydney....
(8 August 2008) - Jayne JagotJayne JagotJayne Jagot is an Australian judge. She has been a Judge of the Federal Court of Australia since 3 September 2008. She was previously a judge of the New South Wales Land and Environment Court....
(3 September 2008) - Lindsay FosterLindsay FosterLindsay Graeme Foster is an Australian judge. He has been a Judge of the Federal Court of Australia since September 2008.Foster studied at the University of Sydney and was admitted to practice by the Supreme Court of New South Wales in 1976. He practiced as a solicitor until his admission to the...
(4 September 2008) - John NicholasJohn Nicholas (judge)John Victor Nicholas is an Australian judge. He has been a Judge of the Federal Court of Australia since November 2009. Prior to his appointment, Nicholas practised as a Senior Counsel in Sydney, principally in commercial law....
(16 November 2009) - David YatesDavid Yates (judge)David Markey Yates SC is an Australian judge. He has been a Judge of the Federal Court of Australia since November 2009. Prior to his appointment, Yates practised as a Senior Counsel in Sydney....
(30 November 2009) - Anna Katzmann (1 February 2010)
- Alan Robertson (18 April 2011)
Judges based in Melbourne
- Peter Gray (17 May 1984)
- Shane Marshall (17 July 1995)
- Anthony North (3 October 1995)
- Geoffrey Giudice (17 September 1997) President, Australian Industrial Relations Commission
- Susan Kenny (16 October 1998)
- Christopher Jessup (23 June 2006)
- Richard Tracey (24 July 2006)
- John Middleton (7 August 2006)
- Michelle Gordon (20 April 2007)
- Mordecai Bromberg (7 December 2009)
- Julie Dodds-Streeton (1 February 2010)
- Bernard Murphy (13 June 2011)
Judges based in Brisbane
- Chief Justice Patrick KeanePatrick Keane-Education:Chief Justice Keane was educated at St. Joseph's College, Gregory Terrace, the University of Queensland and at Magdalen College of the University of Oxford...
(22 March 2010) - John DowsettJohn DowsettThe Honourable Justice John Dowsett is a judge of the Federal Court of Australia.Justice Dowsett was appointed to the Federal Court on 14 September 1998, after serving as a judge of the Supreme Court of Queensland since 1985. He has therefore served as a superior court judge for 25...
(14 September 1998) - Andrew Greenwood (4 August 2005)
- Berna Collier (8 February 2006)
- John Logan (27 September 2007)
- John Reeves (15 October 2007; based in Darwin until March 2009)
Judges based in Perth
- Antony Siopis (14 April 2005)
- John Gilmour (11 December 2006)
- Neil McKerracher (15 October 2007)
- Michael BarkerMichael Barker (judge)Michael Laurence Barker is an Australian judge. He has been a Judge of the Federal Court of Australia since February 2009. He previously served as a Judge of the Supreme Court of Western Australia and as President of the Western Australian State Administrative Tribunal.Barker studied at the...
(9 February 2009)
Judges based in Adelaide
- Paul FinnPaul FinnPaul Finn is an Irish retired sportsperson. He played hurling with his local club Oulart-the-Ballagh and was a member of the Wexford senior inter-county team from 1994 until 2001.-References:...
(3 July 1995) - John Mansfield (2 September 1996)
- Bruce Lander (14 July 2003)
- Anthony Besanko (3 April 2006)
Judge based in Canberra
- Terence HigginsTerence Higgins (judge)Terence John Higgins is Chief Justice of the Australian Capital Territory, a territory of Australia.-Early years:Higgins was born in 1943 in Hobart, Tasmania. He was educated at St Augustines Christian Brothers College in Yarraville, Victoria, and subsequently at St Edmund's College in Canberra...
(1 July 1990) (also Chief Justice, ACT Supreme Court)