About the Court
The Federal Circuit Court of Australia (Federal Circuit Court) was established by the Federal Circuit Court of Australia Act 1999 as an independent federal court under Chapter III of the Constitution. The Court is a federal court of record and a court of law and equity.
The jurisdiction of the Federal Circuit Court is best described in terms of three main areas:
- family law
- migration law, and
- the following areas of general federal law: administrative law, admiralty law, bankruptcy, consumer law, human rights, industrial law, intellectual property and privacy.
More information about the Court’s jurisdiction is provided on page 12 of this report.
The Federal Circuit Court shares jurisdiction with the Family Court of Australia (Family Court) in respect of family law and child support and the Federal Court of Australia (Federal Court) in respect of general federal law.
The Federal Circuit Court is the largest federal court in Australia. With 68 judges and a substantial family law and migration law workload, as well as other significant general federal law jurisdictions, the Court continues to provide an essential service to the Australian community.
The Federal Circuit Court sits in all capital cities, selected major regional centres, and also circuits to a number of regional locations.
Objective
The provisions of the Act enable the Court to operate as informally as possible in the exercise of judicial power; to enable the Court to use streamlined procedures; and to encourage the use of a range of appropriate dispute resolution processes.
Purpose
The purpose of Federal Circuit Court is to provide timely access to justice and resolve disputes in an efficient and cost effective manner, using appropriate dispute resolution processes.
Outcome and program
Effective 1 July 2016, the Federal Circuit Court and the Family Court were amalgamated with the Federal Court into a single administrative body with a single appropriation and shared corporate services.
The Courts Administration Legislation Amendment Act 2016 established the amalgamated body, known as the Federal Court of Australia. This approach preserves each Courts’ functional and judicial independence while improving their financial sustainability.
Outcome 3
The outcome of the Court is to apply and uphold the rule of law for litigants in the Federal Circuit Court through more informal and streamlined resolution of family and general federal law matters according to law, through the encouragement of appropriate dispute resolution processes and through the effective management of the administrative affairs of the Court.
Program 3.1
The Federal Circuit Court has a single program under which all services are provided: Federal Circuit Court of Australia.
Performance criteria
Timely completion of cases:
- 90 per cent of final order applications disposed of within 12 months.
- 90 per cent of all other applications disposed of within six months.
- 70 per cent of matters resolved prior to trial.
Details of the Court’s performance in 2019–20 can be found in Part 3 (Report on Court performance). The Court’s annual performance statement can be found in the Federal Court’s 2019–20 annual report.
Jurisdiction
The jurisdiction of the Federal Circuit Court includes family law, migration law, and the following areas of general federal law: administrative law, admiralty law, bankruptcy, consumer law (formerly trade practices), human rights, industrial, intellectual property and privacy.
1. Family law
The Federal Circuit Court exercises all aspects of jurisdiction under the Family Law Act 1975 (Cth) (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 parenting orders, including those providing for where a child lives, with whom a child spends time and communicates, and maintenance or specific issues under Part VII of the Family Law Act 1975
- applications in relation to property and applications for spousal maintenance or maintenance under Part VII and Part VIIIAB of the Family Law Act 1975
- applications in relation to financial agreements and superannuation
- applications for divorce under Part VI of the Family Law Act 1975
- applications for contraventions of orders made under the Family Law Act 1975
- 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
- determination of parentage, under Part VII Division 12, and recovery of child bearing expenses pursuant to Part VII Division 8 of the Family Law Act 1975.
The Federal Circuit Court deals with a high volume of cases involving allegations of family violence, child abuse and other issues of risk. In many of these cases, an Independent Children’s Lawyer is appointed to ensure that the best interest of the child remains the paramount consideration.
The Child Dispute Services section of the Federal Circuit Court also provides extensive family counselling services by qualified Family Consultants, who are highly qualified and experienced psychologists or social workers. Family Consultants play an extensive role in interviewing and observing parents and children for the preparation of memorandums ordered under section 11F and family reports ordered under Section 62G of the Family Law Act 1975.
The Federal Circuit Court is also expanding its use of alternative dispute resolution in parenting and financial matters. Specific initiatives focusing on the targeted use of alternative dispute resolution and family dispute resolution include the PPP500 Pilot, which captures property disputes with an asset pool less than $500,000, and the Discrete Property List. The Court is presently developing a model for family dispute resolution to be conducted by Registrars and Family Consultants in parenting matters, with a focus on ensuring the safety of litigants and resolving disputes in the best interests of the children involved.
Jurisdiction upon transfer from the Family Court
The Federal Circuit Court has jurisdiction to hear any matter within the jurisdiction of the Family Court that the Family Court transfers to the Federal Circuit Court. under Section 33B of the Family Law Act 1975.
2. Migration law
Migration represents the second largest area of workload for the Court, with 6,555 filings in the 2019–20 financial year (an increase of 17 per cent since 2018–19). Migration law is a complex and specialist area of law that is often the subject of constitutional challenge. Court decisions in Migration law underpin much of general administrative law. The Migration Act 1958 is amended frequently, so the area of law is constantly evolving. Most applicants are unrepresented and require interpreters to present their matters to the Court. Under the Migration Act 1958, the Court can review some decisions, including decisions made by the Minister for Home Affairs, the Administrative Appeals Tribunal and the Immigration Assessment Authority.
Almost half of the Court’s migration work relates to judicial review of protection visa decisions made by merits review bodies like the Administrative Appeals Tribunal and the Immigration Assessment Authority. A protection visa is the means by which Australia recognises and protects foreign nationals in Australia claiming to fear certain kinds of harm in their countries of origin. Another significant portion of the Court’s migration work relates to reviews of student visa refusals and cancellations, as well as skilled work visas and business visas. The Court also hears urgent applications brought to prevent deportation/removal of persons from Australia.
3. 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.
The following is more information about the Federal Circuit Court’s jurisdiction in the various areas of general federal law.
Administrative
The Federal Circuit Court has jurisdiction to hear applications under the Administrative Decisions (Judicial Review) Act 1977. The Court can also undertake judicial review of ‘child support first reviews’ under s 44AA of the Administrative Appeals Tribunal Act 1975 (provided that the decision does not involve a presidential member). The Federal Circuit Court also hears appeals from the Administrative Appeals Tribunal remitted from the Federal Court.
Admiralty
The Federal Circuit Court has jurisdiction under ss 9, 27 and 28 of the Admiralty Act 1988 (Cth) and any matters referred to it by the Federal Court. The jurisdiction allows the Court to hear proceedings commenced as actions in personam on a maritime claim, or a claim for damage done to a ship. The Federal Court or a state court may remit any in rem matters to the Federal Circuit Court. The Court works in conjunction with the Federal Court and provides an alternative venue for the hearing of smaller cargo claims within the federal system. The Court’s admiralty work is undertaken by nominated judges working with skilled registrars and registry staff in each state to deal with matters in a way best suited to the particular dispute.
Bankruptcy
The Federal Circuit Court has concurrent jurisdiction with the Federal Court under the Bankruptcy Act 1966, except those requiring jury trials. The Federal Circuit Court and Federal Court have developed harmonised rules for bankruptcy matters and have a joint committee to monitor the rules and if necessary, recommend and implement changes.
The Federal Circuit Court has general powers in bankruptcy pursuant to Section 30 of the Bankruptcy Act to:
- decide all questions, whether of law or of fact, in any case of bankruptcy or any matter under Part VIIII, X or XI coming within the cognisance (power) of the Court, and
- make orders (including declaratory orders or orders granting injunctions or other equitable remedies) as the Court considers necessary for the purpose of carrying out or giving effect to the Act.
Consumer
The Court has jurisdiction for 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 IVD (Consumer Data Right)
- 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
The Federal Circuit Court has jurisdiction for civil matters arising under Part IIB or IIC of the Australian Human Rights Commission Act 1986. The Federal Circuit Court can determine 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
The Federal Circuit Court has jurisdiction concurrent with the Federal Court, for 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 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)
All IP matters filed in the Federal Circuit Court are docketed and managed through a national IP docket system that ensures streamlined management of applications. The Federal Circuit Court has jurisdiction to hear and determine civil disputes concerning copyright, designs, and trade marks as set out below.
Copyright
The Court has jurisdiction to hear 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
The Court has jurisdiction for the following matters under the 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
The Court has jurisdiction for the following matters under the 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.
Privacy
The Federal Circuit Court has concurrent jurisdiction with the Federal Court to enforce determinations of the Privacy Commissioner and private sector adjudicators under the Privacy Act 1988.
Jurisdiction upon transfer from the Federal Court
The Federal Circuit Court has jurisdiction to hear any matter within the jurisdiction of the Federal Court that the Federal Court transfers to the Federal Circuit Court.
Organisational structure
Judicial officers
Judges are appointed by the Governor-General by commission 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 2020, 68 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 2020, and their location and appointment date.
|
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 |
|
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 |
Brisbane |
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 |
Judicial appointments and retirements
Appointments
There were no appointments in 2019–20.
Retirements
There was one retirement in 2019–20:
Judge Judith Small
Retired on 20 April 2020.
Court service locations
Australian Capital Territory
CanberraCircuits 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.