Federal Court of Australia

 

About

Save for the HIgh Court, the Federal Court has exclusive jurisdiction in relation to Part IV (Competition Law) matters.

 

Legislation (TPA)

[Note, the Federal Magistrate's Court will cease to operate following legislation likely to be introduced in 2009]

Section 86
Jurisdiction of courts

(1AA)  A reference in this section to this Act, or to a Part or Division of this Act, is a reference to this Act, or to that Part or Division, as it has effect as a law of the Commonwealth.

(1)  Jurisdiction is conferred on the Federal Court in any matter arising under this Act in respect of which a civil proceeding has, whether before or after the commencement of this section, been instituted under this Part.

(1A)  Jurisdiction is conferred on the Federal Magistrates Court in any matter arising under Part IVA, Part IVB, Division 1, 1AAA, 1A or 2A of Part V or Part VA in respect of which a civil proceeding is instituted by a person other than the Minister or the Commission.

(2)  The several courts of the States are invested with federal jurisdiction within the limits of their several jurisdictions, whether those limits are as to locality, subject-matter or otherwise, and, subject to the Constitution, jurisdiction is conferred on the several courts of the Territories, with respect to any matter arising under Part IVA or IVB or Division 1, 1A or 1AA of Part V in respect of which a civil proceeding is instituted by a person other than the Minister or the Commission.

(3)  Nothing in subsection (2) shall be taken to enable an inferior court of a State or Territory to grant a remedy other than a remedy of a kind that the court is able to grant under the law of that State or Territory.

(4)  The jurisdiction conferred by subsection (1) on the Federal Court is exclusive of the jurisdiction of any other court other than:

(a)  the jurisdiction of the Federal Magistrates Court under subsection (1A); and

(b)  the jurisdiction of the several courts of the States and Territories under subsection (2); and

(c)  the jurisdiction of the High Court under section 75 of the Constitution.