Federal Court of Australia Act 1976 (Cth)

Federal Court of Australia Act 1976

No. 156, 1976

Compilation No. 59

Compilation date: 11 December 2024

Includes amendments: Act No. 115, 2024

About this compilation

This compilation

This is a compilation of the Federal Court of Australia Act 1976 that shows the text of the law as amended and in force on 11 December 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part I—Preliminary 1 Short title 2 Commencement 3 Extension to Territories 4 Interpretation 4A Application of the Criminal Code Part II—Federal Court of Australia Division 1—Constitution of the Court 5 Creation of Court 6 Appointment, removal and resignation of Judges 6A Assignment of Judges to Divisions 7 Acting Chief Justice 8 Seniority 9 Salary and allowances of Judges 10 Appropriation 11 Oath or affirmation of office 12 Place of sitting 13 General and Fair Work Divisions of the Court 13A Authorised Judges may manage classes of proceedings 14 Manner in which Court may be constituted 15 Arrangement of business of 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 Chief Executive Officer 18A Management of administrative affairs of Court 18B Chief Executive Officer 18BAA Arrangements with other courts 18BA Arrangements with agencies or organisations Division 2—Appointment, powers etc. of Chief Executive Officer 18C Establishment and appointment of Chief Executive Officer 18D Powers of Chief Executive Officer 18E Remuneration of Chief Executive Officer 18F Terms and conditions of appointment of Chief Executive Officer 18G Leave of absence 18H Resignation 18J Outside employment of Chief Executive Officer 18K Termination of appointment 18L Disclosure of interests by Chief Executive Officer 18M Acting Chief Executive Officer Division 3—Other officers and staff of Registries 18N Personnel other than the Chief Executive Officer 18P Sheriff 18PA Marshal 18PB Deputy Marshals 18PC Authorised persons to assist the Marshal or Deputy Marshals Division 4—Miscellaneous administrative matters 18S Annual report 18W Delegation of administrative powers of Chief Justice 18X Proceedings arising out of the administrative affairs of Court 18XA Protection of persons involved in handling etc. complaints 18Y Oath or affirmation of office Part IIB—Corporate services and other matters Division 1—Corporate services 18Z Corporate services 18ZA Proceedings in relation to corporate services Division 2—Application of the finance law 18ZB Application of the finance law 18ZC Delegation of powers etc. under the finance law 18ZD Managing appropriations Division 3—Application of the Public Service Act 1999 etc. 18ZE Statutory Agency etc. for purposes of the Public Service Act 1999 18ZF Making arrangements relating to APS employees 18ZG Delegation of powers etc. under the Public Service Act 1999 Division 4—Other powers of the Chief Executive Officer 18ZH Appointment of other court officers 18ZI Engagement of consultants, family counsellors and family dispute resolution practitioners 18ZJ Subdelegation of powers under this Division Division 5—Other matters 18ZK Officers of the Court and the Federal Circuit and Family Court of Australia Part III—Jurisdiction of the Court Division 1—Original jurisdiction (general) 19 Original jurisdiction 20 Exercise of original jurisdiction 20A Power of the Court to deal with civil matters without an oral hearing 21 Declarations of right 22 Determination of matter completely and finally 23 Making of orders and issue of writs Division 1A—Original jurisdiction (indictable offences) Subdivision A—Introduction 23AA Background and simplified outline 23AB Application of Division Subdivision B—Matters relating to indictments 23BA Indictment may include alternate counts 23BB Single count can cover multiple accused 23BC Separating one or more accused from a single count 23BD Single indictment can include multiple counts 23BE Separating one or more counts from a single indictment 23BF Time within which indictments must be filed following committal order 23BG Consequences of not filing indictment within time 23BH Amending indictments Subdivision C—Pre‑trial matters (hearings, disclosure and quashing indictments) 23CA Pre‑trial hearings 23CB Court may make orders during pre‑trial hearings 23CC Matters that must be raised during pre‑trial hearings 23CD Pre‑trial and ongoing disclosure 23CE Disclosure of case for the prosecution 23CF Accused's response 23CG Prosecutor's response to accused's response 23CH Ongoing disclosure obligations 23CI Copies of things need not be provided if impracticable etc. 23CJ Personal details need not be provided 23CK Things need not be disclosed to a party more than once 23CL Effect on legal professional privilege and other privileges and duties etc. 23CM Consequences of disclosure requirements 23CN Restricting further disclosure of disclosed material 23CO Restricting admissibility of disclosed material as evidence in other proceedings 23CP Objecting to indictments 23CQ Examining witnesses after committal in absence of the jury Subdivision D—Election in relation to a jury panel 23DA Simplified outline of this Subdivision 23DB Application of Subdivision 23DC Direction to arrange for a jury panel 23DD Election in relation to a jury panel 23DE Validity of anything done by jury Subdivision DA—Provision of a jury panel prepared under this Act 23DF Simplified outline of this Subdivision 23DG Application of Subdivision 23DH Sheriff to select the jury district for the proceedings 23DJ Sheriff to prepare the jury list for the proceedings 23DK Investigation and questionnaires 23DL Qualification to serve as a juror 23DM Disqualification from serving on jury (convictions, charges, detention orders etc.) 23DN Disqualification from serving on jury (professional ineligibility) 23DP Removing names from jury list 23DQ Jury summonses 23DR Preparing the jury panel Subdivision DB—Provision of a jury panel prepared under State or Territory laws 23DS Simplified outline of this Subdivision 23DT Application of Subdivision 23DU Provision of jury panel by State/Territory jury official 23DV Qualification to serve as a juror 23DW Certain other laws of a State or Territory apply, and Part VIA does not apply, before provision of jury panel 23DX Disclosure of personal information by Sheriff or State/Territory jury official 23DY Payments to State or Territory 23DZ Arrangements with State or Territory Subdivision DC—Liability to serve on jury and Sheriff's excusal 23DZA Simplified outline of this Subdivision 23DZB Application of Subdivision 23DZC Liability to serve on jury 23DZD Sheriff's power to excuse—on application 23DZE Sheriff's power to excuse—on own initiative Subdivision DD—Empanelling the jury 23DZF Simplified outline of this Subdivision 23DZG Application of Subdivision 23DZH Preparing to empanel the jury 23DZJ Empanelling the jury 23DZK Court's power to excuse a person from serving on jury 23DZL Supplementary jurors 23DZM Challenges to potential jurors—general 23DZN Challenges for cause 23DZP Peremptory challenges 23DZQ Prosecutor may request that potential jurors be stood aside Subdivision E—Other jury matters 23EAA Jury districts and rolls 23EAB Number of jurors on jury 23EAC Continuation of the trial with a reduced jury 23EAD Ballot to reduce additional jurors 23EA Appointing the jury foreperson 23EB Confidentiality directions 23EC Things to help jury understand issues 23ED Recalling the jury for further directions or evidence 23EE When jury can separate 23EF Directions and potential jurors and jurors 23EG Sheriff's powers 23EH Jurors' remuneration 23EI Discharge of potential jurors 23EJ Discharge of jurors—by law 23EK Discharge of jurors—by the Court 23EL Discharge of jury 23EM Consequences of discharging the jury Subdivision F—Matters relating to pleas, the trial and verdicts 23FA Accused to be arraigned before the jury 23FB Practice and procedure applicable to the trial 23FC Admissibility of evidence given in committal proceedings 23FD Entering pleas 23FE Pleading to some counts in satisfaction of other counts 23FF Pleading to different offences capable of being supported by indictment 23FG Changing pleas 23FH Court's verdict if no case to answer 23FI Jury's verdict 23FJ Consequences of guilty pleas and guilty verdicts 23FK Consequences of not guilty verdicts Subdivision G—Procedure on committal for sentencing 23GA When Subdivision applies 23GB Accused taken to have been committed for trial etc. Subdivision H—Custodial and other matters 23HA Remanding in custody when proceedings adjourned 23HB Oaths and affirmations 23HC Protecting witnesses etc. 23HD Accused cannot make unsworn statements 23HE Costs Division 1B—Original jurisdiction (related summary offences) 23K Practice and procedure applicable to proceedings for related summary offences 23L Evidence in proceedings for related summary offences Division 2—Appellate and related jurisdiction (civil proceedings) 23P Appellate jurisdiction in civil proceedings 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 30 New trials Division 2A—Appellate and related jurisdiction (criminal proceedings) Subdivision A—Bringing appeals 30AA Appellate jurisdiction—allowable appeals 30AB Leave needed unless question of law or about bail 30AC Who may appeal 30AD Appellate jurisdiction—further appeal if Attorney‑General consents 30AE Exercise of appellate jurisdiction 30AF Time for appealing 30AG Right to attend 30AH Practice and procedure applicable to the appeal 30AI Evidence on appeal 30AJ When to allow appeals 30AK Stay or suspension of orders pending appeal 30AL Prison sentence not to include time on bail Subdivision B—Form of judgment on appeal 30BA Court may give such judgment as is appropriate 30BB Allowing appeals against convictions on indictment 30BC Allowing appeals against sentence 30BD Allowing appeals for certain acquittals 30BE Allowing appeals involving unfitness, mental illness etc. 30BF Allowing appeals from summary proceedings 30BG Allowing appeals against bail, bail forfeiture or interim judgments and decisions (including about custody) 30BH Matters relevant to form of judgment on appeal Subdivision C—References 30CA Cases stated and questions reserved 30CB Questions referred after trial Subdivision D—Other 30DA Costs Division 3—General 31 Contempt of Court 31A Summary judgment 31B Prerogative of mercy unaffected 32 Jurisdiction in associated matters 32AA Proceedings not to be instituted in the Court if an associated matter is before the Federal Circuit and Family Court of Australia (Division 2) 32AB Discretionary transfer of civil proceedings to the Federal Circuit and Family Court of Australia 32AC Discretionary transfer of civil proceedings from the Federal Circuit and Family Court of Australia (Division 2) 32AD Confirmation of civil proceedings transferred from the Federal Circuit and Family Court of Australia (Division 2) 32AE Discretionary transfer of certain criminal proceedings 32A State Supreme Courts invested with jurisdiction in Chambers 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 Competition and Consumer Act 2010 etc. 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. Part VAA—Suppression and non‑publication orders Division 1—Preliminary 37AA Definitions 37AB Powers of the Court not affected 37AC Other laws not affected 37AD No limit on section 23HC Division 2—Suppression and non‑publication orders 37AE Safeguarding public interest in open justice 37AF Power to make orders 37AG Grounds for making an order 37AH Procedure for making an order 37AI Interim orders 37AJ Duration of orders 37AK Exception for court officials 37AL Contravention of order Part VAAA—Vexatious proceedings Division 1—Preliminary 37AM Definitions 37AN Powers of the Court not affected Division 2—Vexatious proceedings orders 37AO Making vexatious proceedings orders 37AP Notification of vexatious proceedings orders Division 3—Particular consequences of vexatious proceedings orders 37AQ Proceedings in contravention of vexatious proceedings order 37AR Application for leave to institute proceedings 37AS Dismissing application for leave 37AT Granting application for leave 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 Part VB—Case management in civil proceedings 37M The overarching purpose of civil practice and procedure provisions 37N Parties to act consistently with the overarching purpose 37P Power of the Court to give directions about practice and procedure in a civil proceeding Part VI—General 38 Practice and procedure 39 Civil trials to be without jury 40 Power of Court in civil proceedings to direct trial of issues with a jury 41 Juries in civil proceedings 43 Costs 44 Oaths and affirmations 45 Making 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 51 Formal defects not to invalidate 51A Interest up to judgment 52 Interest on judgment 53 Enforcement of judgment 53A Arbitration, mediation and alternative dispute resolution processes 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 54A Referral of questions to a referee 54B Protection of referees 55 Actions by or against Sheriff 55AA Actions by or against Marshal 55A Making arrests under this Act or warrants 56 Security 57 Receivers 58 Offences by witness Part VIA—Offences relating to juries Division 1—Offences 58AA Failing to attend for jury service 58AB Failing to comply with directions—persons attending for jury service 58AC Failing to comply with directions—jurors 58AD Impersonating a juror or potential juror 58AE Failing to complete and return a questionnaire 58AF False or misleading information to avoid jury service 58AG Bribery of jurors or potential jurors 58AH Causing or threatening harm to jurors, potential jurors or former jurors 58AI Obstructing jurors or potential jurors 58AJ Publishing or broadcasting information identifying jurors, potential jurors or former jurors 58AK Soliciting information from jurors 58AL Disclosing information about a jury 58AM Making improper inquiries as a juror or potential juror Division 2—Infringement notices 58BA When an infringement notice can be given 58BB Matters to be included in an infringement notice 58BC Amount of penalty 58BD Withdrawal of an infringement notice 58BE What happens if the penalty is paid 58BF Effect of this Division on criminal proceedings 58BG Regulations Part VIB—Bail Division 1—Introduction 58CA Simplified outline Division 2—Granting bail 58DA Applying for bail 58DB Granting bail 58DC Bail may be granted subject to conditions 58DD Bail to be stayed pending appeal 58DE Bail undertakings etc. 58DF Effect of granting bail 58DG Seeking discharge from undertaking to give security 58DH Dealings with property given as security for bail Division 3—Reconsidering bail orders 58EA Reconsidering bail—discharge of security or accused fails to comply with the accused's bail undertaking 58EB Reconsidering bail—change in circumstances 58EC Consequences if bail is varied or revoked Division 4—Further consequences if accused fails to appear in accordance with bail undertaking 58FA Offence for failing to appear before the Court 58FB Notice of proposed forfeiture 58FC Ordering forfeiture 58FD When forfeiture orders take effect 58FE Effect of forfeiture orders Division 5—When bail ends 58GA Continuing bail orders 58GB Bail discharged if the Court discharges the accused 58GC Continuing security undertakings when bail ends 58GD Returning security when bail ends Division 6—Other matters 58HA Admissibility of certain matters 58HB Indemnifying a person providing security Part VII—Rules of Court and regulations 59 Rules of Court 59A Regulations modifying or adapting the Legislation Act 2003 60 Regulations The Schedule Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history