OVERVIEW OF THE FEDERAL CIRCUIT COURT

Transcription

1 OVERVIEW OF THE FEDERAL CIRCUIT COURT The Court sits IN ALL CAPITAL CITIES, SELECTED MAJOR REGIONAL CENTRES AND CIRCUITS TO A NUMBER OF REGIONAL LOCATIONS There were two appointments THE COURT WELCOMED JUDGES MANOUSARIDIS AND STEWART

2 About the Court The Federal Circuit Court of Australia was established by the Federal Circuit Court of Australia Act 1999 (the Act) as an independent federal court under Chapter III of the Australian Constitution. Prior to 1 April 013, under the Federal Magistrates Act 1999, the Court was known as the Federal Magistrates Court and its judicial officers as federal magistrates. The Court was established to handle less complex matters in the areas of family law and general federal law. The Court is a federal court of record and a court of law and equity. It sits in all capital cities, selected major regional centres and circuits to a number of regional locations. Objective The objective of the Court is to provide a simple and more accessible alternative to litigation in the Family Court of Australia (Family Court) and the Federal Court of Australia (Federal Court) and to relieve the workload of the superior federal courts. The provisions of the Act enable the Court to operate as informally as possible in the exercise of judicial power, use streamlined procedures and make use of a range of dispute resolution processes to resolve matters without judicial decisions. Jurisdiction The jurisdiction of the Court includes family law and child support and the following areas of general federal law: administrative law, admiralty law, bankruptcy, consumer law (formerly trade practices), copyright, human rights, industrial, migration and privacy. The Court shares these jurisdictions with the Family Court (in respect of family law and child support) and the Federal Court (in respect of general federal law). The provisions of the Act enable the Court to operate as informally as possible in the exercise of a range of dispute resolution processes to resolve matters without decisions. Family law and child support The Court exercises all aspects of jurisdiction in the Family Law Act 1975 with the exception of adoption and applications for nullity or validity of marriage. The Court has the same jurisdiction as the Family Court in relation to child support. 4 FEDERAL CIRCUIT COURT OF AUSTRALIA

3 This includes: applications for divorce applications concerning spousal maintenance property disputes (including de facto jurisdiction) all parenting orders, including those providing for where a child lives, who a child spends time and communicates with, and maintenance or specific issues enforcement of orders made by either the Federal Circuit Court or the Family Court location and recovery orders as well as warrants for the apprehension or detention of a child, and determination of parentage and recovery of child-bearing expenses. Jurisdiction upon transfer from the Family Court The Court also has jurisdiction to hear any matter within the jurisdiction of the Family Court which the Family Court transfers to the Federal Circuit Court. General federal law The Court deals with a wide range of matters, sharing jurisdiction with the Federal Court and, in some cases, state courts. The Court s rules and procedures are simpler and less formal and aim to reduce the cost and number of court appearances. The Court can hear and decide matters relating to administrative law, admiralty law, bankruptcy, consumer law (formerly trade practices), human rights, industrial, intellectual property, migration and privacy and any matter transferred from the Federal Court. Where the Court has jurisdiction in a matter, it also has jurisdiction to determine associated or inseverable claims which would otherwise not be within jurisdiction. Following is more information about the Court s jurisdiction in these various areas of general federal law. Administrative Matters under the Administrative Decisions (Judicial Review) Act Appeals from the Administrative Appeals Tribunal remitted from the Federal Court. Admiralty In personam actions (claims against a specific person or company) such as freight claims, damage claims and seafarers wages. In rem actions remitted by the Federal Court and state supreme courts. Bankruptcy All civil claims and matters under the Bankruptcy Act 1966, except those requiring jury trials. ANNUAL REPORT

4 Consumer The Court has jurisdiction with respect to claims under the following provisions of the Competition and Consumer Act 010 (formerly the Trade Practices Act 1974): Section 46 (Misuse of Market Power) Section IVB (Industry Codes) Part XI (Application of the Australian Consumer Law as a law of the Commonwealth), and Schedule (Australian Consumer Law). The Court can provide injunctive relief and award damages up to $750,000. In relation to certain claims for $40,000 or less, litigants can elect to use the small claims procedure of the Court. Copyright Civil claims and matters under Parts V, VAA, IX and section 48J of the Copyright Act 1968, such as claims for injunctions and damages for breach of copyright. Trade Marks Trade Marks Act 1995 Appeals from decisions of the Registrar of Trade Marks: ss 35,56, 67, 83(), 83A(8), 84A 84D and 104 Infringement actions ss and under ss 19 and 130 Revocation of registration under: ss 88 and 89 Decision on whether a person has used a trade mark under s 7 Determining whether Trade Mark has become Generic: ss 4, 87 and 89 Amendment or Cancellation of Registration under ss 85 and 86 Application for an Order to Remove a Trade Mark Registration for Non Use: s 9(3) Application for rectification of Register by order of court under s 181, and Variation of rules governing use of certification trade mark under s 18. Design Designs Act 003 Appeals from Decisions of the Registrar of Designs: ss 8(5), 67(4), 68(6), 50(6), 5(7) and 54(4) Ability to make a determination of the entitled person during proceedings before the Court under s 53 Infringement actions under ss Applications for Relief from Unjustified Threats under ss Application for Compulsory Licences under s 90 9 Revocation of Registration under s 93 For Crown use provisions, provide a determination of the term of use of a design under s 98 Application for a declaration by a court of any Crown use under s 101 Application for the cessation of Crown use of a design under s 10, and Rectification of Register under s 10. D. 6 FEDERAL CIRCUIT COURT OF AUSTRALIA

5 Human rights Federal unlawful discrimination matters under the Australian Human Rights Commission Act 1986 relating to complaints under the: Age Discrimination Act 004 Disability Discrimination Act 199 Racial Discrimination Act 1975, and Sex Discrimination Act Industrial The Federal Circuit Court has concurrent jurisdiction with the Federal Court for matters under the: Fair Work Act 009 Fair Work (Transitional Provisions and Consequential Amendments) Act 009, and Workplace Relations Act 1996 (in so far as it continues to apply). This jurisdiction is to be exercised by the Fair Work Division of the Court. The Fair Work Act 009 confers small claims jurisdiction on the Court for various matters if the compensation is not more than $0,000. The Court also has jurisdiction in relation to certain matters under the Independent Contractors Act 006. Migration Most first instance judicial reviews of visa-related decisions of the Migration Review Tribunal and the Refugee Review Tribunal. The Court does not have jurisdiction to undertake a merits review of these types of decisions. Privacy Enforcing determinations of the Privacy Commissioner and private sector adjudicators under the Privacy Act Jurisdiction upon transfer from the Federal Court The Court also has jurisdiction to hear any matter within the jurisdiction of the Federal Court which the Federal Court transfers to the Federal Circuit Court. ANNUAL REPORT

6 Changes to the Court s jurisdiction during The following Acts impacted on the jurisdiction of the Court, including: Public Interest Disclosure Act 013 This established a new legislative scheme for the investigation of allegations of serious wrongdoing in the Commonwealth public sector and the substantive provisions commenced on 15 January 014. The Court and the Federal Court have jurisdiction to make orders for civil remedies (including compensation, injunctions and reinstatement of employment) if a reprisal against a person because of a public interest disclosure (including a proposed or a suspected public interest disclosure). Statute Law Revision Act (No. 1) 014 The main purposes of this Act is to correct technical errors that have occurred in Acts as a result of drafting and clerical mistakes and to repeal spent and obsolete provisions and Acts. Included is a minor amendment to subsection 0() (paragraph(s) of the note) to omit section 94 of the Family Law Act 1975, substitute section 94AAA of the Family Law Act Major Sporting Events (Indicia and Images) Protection Act 014 This Act is designed to prevent the unauthorised commercial use of certain indicia and images associated with the following events: Asian Football Confederation (AFC) Asian Cup 015 with matches to be held from 9 31 January 015 International Cricket Council (ICC) Cricket World Cup 015 to be jointly hosted with New Zealand from 14 February 9 March 015, and Gold Coast 018 Commonwealth Games to be held from 4 15 April 018. The Act confers civil penalty jurisdiction on both the Federal Circuit Court and Federal Court along with State Courts. Court Security Act 013 The substantive provisions of this Act commenced on 1 January 014 and replaced the current security framework for federal courts. Included is a new power to make a court security order upon application to the Court by the administrative head. 8 FEDERAL CIRCUIT COURT OF AUSTRALIA

7 Other regulations impacting on jurisdiction Federal Circuit Court of Australia Legislation (Consequential Amendments) Regulation 013 (No 1) The Federal Circuit Court of Australia Legislation (Consequential Amendments) Regulation 013 (No. 1) (the Regulation) is made under numerous Acts under which the Governor-General has the authority to make regulations. These Regulations updated Commonwealth regulations to reflect the new name of the Court as the Federal Circuit Court of Australia, and the change in title of Chief Federal Magistrate to Chief Judge and Federal Magistrate to Judge. Sections 1 to 4 and Schedule 1 to the Regulation, which contained the amendments to current regulations, commenced on 1 April 013. Schedule to the Regulation, which contains amendments contingent upon commencement of the Trans-Tasman Proceedings Legislation Amendment Regulation 01 (No. ), commenced 11 October 013 immediately after the Agreement Between the Government of Australia and the Government of New Zealand on Trans-Tasman Court Proceedings and Regulatory Enforcement has entered into force for Australia and New Zealand. Amendments to fee regulations Prior to 1 January 013 the fee regulations for the Court were the Federal Magistrates Regulations 000. From that date these Regulations were repealed and replaced by two fee regulations, a single fee regulation for all family law proceedings and a single fee regulation for general federal law proceedings. Family Law (Fees) Regulation 01 Federal Court and Federal Magistrates Court Regulation 01 On 1 April 013, in light of the name change of the Court, included in the Federal Circuit Court of Australia Legislation (Consequential Amendments) Regulation 013 (No 1), was an amendment to the general federal law fee regulations to rename them as the Federal Court and Federal Circuit Court Regulations 01. The renamed regulations are as follows: Table.1: Renamed regulations for the Federal Circuit Court General Federal Law Previous From 1 April 013 Federal Court and Federal Magistrates Court Regulation 01 Federal Court and Federal Circuit Court Regulation 01 Family Law Family Law (Fees) Regulation 01 No Change Most items included in the Court s fee regulations are the subject of biennial increases to adjust for inflation. The next biennial increase will take effect on 1 July 014. Family Law Amendment (Fees) Regulation 013 The Regulation commenced on 1 July 013 and amended the Family Law (Fees) Regulation 01 to provide a specific exemption for independent children s lawyers from paying court fees relating to subpoenas and interim orders. ANNUAL REPORT

8 Organisational structure Figure.1: Federal Circuit Court organisational structure 30 FEDERAL CIRCUIT COURT OF AUSTRALIA

9 Judicial officers Judges are appointed by the Governor-General by commission as justices in accordance with Chapter III of the Australian Constitution. A judge is appointed for a term expiring when they reach the age of 70 years. Section 8 of the Federal Circuit Court of Australia Act 1999 provides that the Court consists of a Chief Judge and such other judges as appointed. At 30 June 014, 65 judges held appointment to the Court (including the Chief Judge). More detail on judicial officers can be found at Appendix B. Note: The remuneration arrangements for all judicial officers and the Chief Executive Officer are governed by enforceable determinations of the Remuneration Tribunal. Further details including relevant determinations are available at Details of the judges follow in the table below: Table.: Federal Circuit Court Judges, 30 June 014 Chief Judge Location Date of appointment John Pascoe, AO, CVO Sydney 14 July 004 Judge Location Date of appointment Warren Donald Parramatta 13 June 000 Christine Mead Adelaide 13 June 000 Michael Baumann Brisbane 19 June 000 Jim Brewster Canberra 19 June 000 Norah Hartnett Melbourne 19 June 000 Stephen Scarlett Sydney 19 June 000 John Coker Townsville 6 June 000 Rolf Driver Sydney 31 July 000 Kenneth Raphael Sydney 31 July 000 Stuart Roberts Launceston 4 December 000 Maurice Phipps Melbourne 18 December 000 Michael Connolly Melbourne 4 June 001 Stewart Brown Adelaide 5 November 001 Shenagh Barnes Sydney 5 November 001 Giles Coakes Newcastle 1 January 004 Stuart Lindsay Adelaide 19 January 004 Michael Jarrett Brisbane February 004 ANNUAL REPORT

10 Judge Location Date of appointment Sylvia Emmett Sydney 5 July 004 Grant Riethmuller Melbourne 19 July 004 Michael Lloyd-Jones Sydney 6 July 004 Daniel O Dwyer Melbourne August 004 Nick Nicholls Sydney 3 August 004 Robyn Sexton Sydney 7 September 004 Kevin Lapthorn Brisbane 9 August 005 Louise Henderson Sydney 8 November 005 Kate Hughes Canberra 30 January 006 Heather Riley Melbourne 3 July 006 Philip Burchardt Melbourne 10 July 006 John O Sullivan Melbourne 10 July 006 David Halligan Parramatta 31 July 006 Toni Lucev Perth 14 August 006 Frank Turner Melbourne 3 October 006 Robert Cameron Sydney 3 October 006 Tom Altobelli Sydney 13 November 006 Michael Burnett Brisbane 4 November 006 Stephen Coates Brisbane 7 November 006 Leanne Spelleken Brisbane 11 December 006 Charlotte Kelly Adelaide 1 March 007 Janet Terry Newcastle 10 April 007 Denys Simpson Adelaide 1 June 007 Warwick Neville Canberra July 007 Dale Kemp Sydney 4 July 007 Paul Howard Brisbane 9 July 007 Susan Purdon-Sully Brisbane 15 October 007 Margaret Cassidy Brisbane 5 November 007 Evelyn Bender Melbourne 15 September 008 Anne Demack Brisbane September 008 Judith Walker Sydney September FEDERAL CIRCUIT COURT OF AUSTRALIA

11 Judge Location Date of appointment Terry McGuire Melbourne 6 October 008 David Dunkley Parramatta 13 October 008 Barbara Baker Hobart 7 October 008 Geoffrey Monahan Sydney 3 November 008 Peter Cole Adelaide 4 November 008 Josephine Willis Cairns 7 January 009 Dominica Whelan Melbourne 4 May 010 Joseph Harman Parramatta 7 June 010 Leanne Turner Brisbane 7 June 010 Matthew Myers Newcastle 3 January 01 Ron Curtain Melbourne 3 January 01 Alexandra Harland Darwin 15 April 013 Judith Small Melbourne 15 April 013 Suzanne Jones Melbourne 3 June 013 Nicholas Manousaridis Sydney 1 July 013 Joanne Stewart Melbourne September 013 Appointments and retirements, There were two appointments and a resigned commission during the reporting period. Judge Nicholas Manousaridis was appointed on 1 July 013 Judge Joanne Stewart was appointed on September 013, and Judge Garry Foster resigned commission to take up appointment in the Family Court of Australia on 7 August 013. Other changes during the Judge Louise Henderson relocated from Parramatta to Sydney on 30 September 013 Judge Joanne Stewart relocated from Parramatta to Melbourne on 5 May 014, and Judge Kate Hughes relocated from Melbourne to Canberra on 5 May 014. ANNUAL REPORT

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