About the Court

The Federal Circuit Court of Australia (Federal Circuit Court) 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 12 April 2013, 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 sits in all capital cities and selected major regional centres, and circuits to a number of regional locations. The Court is a federal court of record and a court of law and equity.

There were eight appointments in 2018–19. See page 22 for more information.

Objective

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.

Purpose

The purpose of the Federal Circuit Court is to provide a simple and accessible alternative to litigation in the Family Court of Australia (Family Court) and the Federal Court of Australia (Federal Court) and to provide efficient and effective registry services to assist the respective courts to achieve their stated purpose.

Jurisdiction

The jurisdiction of the Federal Circuit 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), human rights, industrial, intellectual property, migration and privacy. The Federal Circuit 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).

Family law and child support

The Federal Circuit 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.

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, with whom a child spends time and communicates, 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 Federal Circuit Court also has jurisdiction to hear any matter within the jurisdiction of the Family Court that the Family Court transfers to the Federal Circuit Court.

General federal law

The Federal Circuit 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.

Where the Court has jurisdiction in a matter, it also has jurisdiction to determine associated or inseverable claims that would otherwise not be within jurisdiction.

Following is more information about the Federal Circuit Court’s jurisdiction in the various areas of general federal law.

Administrative

• Matters under the Administrative Decisions (Judicial Review) Act 1977.
• Judicial review of ‘child support first reviews’ under s 44AAA of the Administrative Appeals Tribunal Act 1975 (provided that the decision does not involve a presidential member).
• Appeals from the Administrative Appeals Tribunal (AAT) 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.

Consumer

Claims under the following provisions of the Competition and Consumer Act 2010 (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 2 (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.

The Court also has civil jurisdiction with respect to claims under the National Consumer Credit Protection Act 2009.

There is provision in certain proceedings for a litigant to elect that an application for compensation be dealt with as a small claims proceeding.

Human rights

Federal unlawful discrimination matters under the Australian Human Rights Commission Act 1986 relating to complaints under the:

• Age Discrimination Act 2004
• Disability Discrimination Act 1992
• Racial Discrimination Act 1975, and
• Sex Discrimination Act 1984.

Industrial

Concurrent with the Federal Court, matters under the:

• Fair Work Act 2009
• Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, 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 2009 confers small claims jurisdiction on the Court for various matters if the compensation is not more than $20,000.

The Court also has some jurisdiction in relation to certain matters under the Independent Contractors Act 2006, the Fair Work (Registered Organisations) Act 2009 and the Building and Construction Industry (Improving Productivity) Act 2016.

Intellectual property (including copyright, trade marks and design)

Copyright – Copyright Act 1968

Civil claims and matters under Parts V, VAA, IX and s 248J 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(2), 83A(8), 84A–84D and 104.
• Infringement actions – ss 120–128 and under ss 129 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 24, 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 92(3).
• Application for rectification of register by order of court under s 181.
• Variation of rules governing use of certification trade mark under s 182.

Design – Designs Act 2003

• Appeals from decisions of the Registrar of Designs – ss 28(5), 67(4), 68(6), 50(6), 52(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 71–76.
• Applications for relief from unjustified threats under ss 77–81.
• Application for compulsory licences under ss 90–92.
• 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 102.
• Rectification of register under s 120D.

Migration

Most first instance judicial reviews of visa-related decisions of the AAT and the Immigration Assessment Authority. 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 1988.

Jurisdiction upon transfer from the Federal Court

Any matter within the jurisdiction of the Federal Court that the Federal Court transfers to the Federal Circuit Court.

Changes to the Court’s jurisdiction in 2018–19

The following Acts affected the jurisdiction of the Court:

• Counter-Terrorism Legislation Amendment Act (No. 1) 2018
• Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018
• Underwater Cultural Heritage Act 2018
• Imported Food Control Amendment Act 2018
• Private Health Insurance Legislation Amendment Act 2018
• Government Procurement (Judicial Review) Act 2018
• Regulatory Powers (Standardisation Reform) Act 2017
  [Schedules 3–8 commenced on 6 November 2018. The following have been added to the list:
  • Industrial Chemicals (Notification and Assessment) Act 1989
  • Horse Disease Response Levy Collection Act 2011
  • Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992]
• Treasury Laws Amendment (Financial Sector Regulation) Act 2018
• My Health Records Amendment (Strengthening Privacy) Act 2018
• Road Vehicle Standards Act 2018
• Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018
• Industrial Chemicals Act 2019
• Treasury Laws Amendment (Strengthening Corporate and Financial Sector Penalties) Act 2019
• Corporations Amendment (Strengthening Protections for Employee Entitlements) Act 2019
• Criminal Code Amendment (Sharing of Abhorrent Violent Material) Act 2019
• Treasury Laws Amendment (Design and Distribution Obligations and Product Intervention Powers) Act 2019
• Treasury Laws Amendment (Improving Accountability and Member Outcomes in Superannuation Measures No. 1) Act 2019, and
• Treatment Benefits (Special Access) Act 2019.

Amendments to fee regulations

There are two fee regulations that apply to proceedings in the Court, one for general federal law proceedings and one for family law proceedings:

• Family Law (Fees) Regulation 2012, and
• Federal Court and Federal Circuit Court Regulation 2012.

Fee increases to items 103, 104, 209 and 210 of Schedule 1 of the Federal Court and Federal Circuit Court Regulation 2012 (applications in relation to dismissals in contravention of Part 3–1 of the Fair Work Act 2009) are calculated in accordance with regulations 3.02 and 3.03 of the Fair Work Regulations 2009.

Organisational structure

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 2019, 69 judges held appointment to the Court (including the Chief Judge).

The remuneration arrangements for all judicial officers and the Chief Executive Officer and Principal Registrar are governed by enforceable determinations of the Remuneration Tribunal (further details including relevant determinations are available at www.remtribunal.gov.au).

Table 2.1 lists the Federal Circuit Court judges as at 30 June 2019, and their location and appointment date.

Table 2.1: Federal Circuit Court of Australia Judges, 30 June 2019

Judge	Location	Appointment date
Chief Judge
William Alstergren	Melbourne	13 October 2017
Judge	Location	Appointment date
Rolf Driver	Sydney	31 July 2000
Stewart Brown	Adelaide	5 November 2001
Shenagh Barnes	Sydney	5 November 2001
Michael Jarrett	Brisbane	2 February 2004
Sylvia Emmett AM	Sydney	5 July 2004
Grant Riethmuller	Melbourne	19 July 2004
Nick Nicholls	Sydney	23 August 2004
Kevin Lapthorn	Brisbane	29 August 2005
Kate Hughes	Canberra	30 January 2006
Heather Riley	Melbourne	3 July 2006
Philip Burchardt	Melbourne	10 July 2006
John O’Sullivan	Melbourne	10 July 2006
Antoni Lucev	Perth	14 August 2006
Robert Cameron	Sydney	3 October 2006
Tom Altobelli	Sydney	13 November 2006
Stephen Coates	Brisbane	27 November 2006
Leanne Spelleken	Brisbane	11 December 2006
Charlotte Kelly	Adelaide	12 March 2007
Janet Terry	Newcastle	10 April 2007
Warwick Neville	Canberra	2 July 2007
Dale Kemp	Sydney	4 July 2007
Paul Howard	Brisbane	9 July 2007
Susan Purdon-Sully	Brisbane	15 October 2007
Margaret Cassidy	Brisbane	5 November 2007
Evelyn Bender	Melbourne	15 September 2008
Anne Demack	Rockhampton	22 September 2008
Terry McGuire	Launceston	6 October 2008
David Dunkley	Parramatta	13 October 2008
Barbara Baker	Hobart	27 October 2008
Geoffrey Monahan	Sydney	3 November 2008
Peter Cole OAM	Adelaide	24 November 2008
Josephine Willis AM	Cairns	27 January 2009
Joseph Harman	Parramatta	7 June 2010
Leanne Turner	Brisbane	7 June 2010
Matthew Myers AM	Parramatta	23 January 2012
Ron Curtain	Melbourne	23 January 2012
Alexandra Harland	Melbourne	15 April 2013
Judith Small AM	Melbourne	15 April 2013
Nicholas Manousaridis	Sydney	1 July 2013
Joanne Stewart	Melbourne	2 September 2013
Alexander Street	Sydney	1 January 2015
Salvatore Vasta	Brisbane	1 January 2015
Ian Newbrun	Parramatta	4 February 2015
Tony Young	Darwin	31 July 2015
Steven Middleton	Townsville	9 November 2015
Timothy Heffernan	Adelaide	23 November 2015
Philip Dowdy	Sydney	7 December 2015
Elizabeth Boyle	Sydney	29 February 2016
Alister McNab	Melbourne	18 May 2016
Brana Obradovic	Parramatta	30 May 2016
Amanda Tonkin	Canberra	1 January 2017
Anthony Kelly	Melbourne	6 February 2017
Patrizia Mercuri	Melbourne	25 September 2017
Jane Costigan	Newcastle	8 October 2017
Gregory Egan	Brisbane	18 December 2017
Christopher Kendall	Perth	29 January 2018
Caroline Kirton	Melbourne	29 January 2018
Julia Baird	Sydney	20 February 2018
Terry Betts	Newcastle	30 May 2018
Bruce Smith	Sydney	12 June 2018
Karl Blake	Melbourne	30 January 2019
Douglas Humphreys OAM	Parramatta	11 March 2019
Monica Neville	Sydney	11 March 2019
Alice Carter	Melbourne	14 March 2019
Anna Boymal	Melbourne	18 March 2019
Anthony Dillon Morley	Sydney	19 March 2019
Guy Andrew	Townsville	25 March 2019
Penelope Kari	Adelaide	25 March 2019

Appointments and retirements

There were eight appointments and seven retirements during 2018–19.

Appointments

 

Retirements

• Judge Suzanne Jones retired on 5 July 2019.
• Judge Jillian Williams was appointed to the Family Court of Australia on 8 February 2019.
• Judge Justin Smith was appointed to the District Court of New South Wales on 11 February 2019.
• Judge Joshua Wilson was appointed to the Family Court of Australia on 11 March 2019.
• Judge Robert Harper was appointed to the Family Court of Australia on 11 March 2019.
• Judge Christine Mead was appointed to the Family Court of Australia on 25 March 2019.
• Judge Norah Hartnett was appointed to the Family Court of Australia on 25 March 2019.

Court service locations

Australian Capital Territory
Canberra

Circuits to: Wagga Wagga.

New South Wales
Parramatta, Newcastle, Sydney

Circuits to: Armidale, Coffs Harbour, Dubbo, Orange, Tamworth, Wauchope and Wollongong.

Northern Territory
Darwin

Circuits to: Alice Springs.

Queensland
Brisbane, Cairns, Townsville, Rockhampton

Circuits to: Bundaberg,
Hervey Bay, Ipswich, Lismore, Mackay, Maroochydore, Southport and Toowoomba.

South Australia
Adelaide

Circuits to: Broken Hill
and Mt Gambier.

Tasmania
Hobart, Launceston

Circuits to: Burnie.

Western Australia
Perth

Victoria
Melbourne

Circuits to: Albury, Ballarat, Bendigo, Dandenong, Geelong, Mildura, Morwell, Shepparton and Warrnambool.