Federal Courts Legislation Amendment Act 2015

Administered by Attorney-General's Department

Legislation au C2015A00009 In force Act

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No. 9, 2015

An Act to amend the Federal Court of Australia Act 1976 and the Federal Circuit Court of Australia Act 1999, and for related purposes

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Federal Court of Australia

Federal Court of Australia Act 1976

Schedule 2—Federal Circuit Court of Australia

Part 1—Commonwealth tenancy disputes

Federal Circuit Court of Australia Act 1999

Part 2—Costs

Federal Circuit Court of Australia Act 1999

Federal Courts Legislation Amendment Act 2015

No. 9, 2015

An Act to amend the Federal Court of Australia Act 1976 and the Federal Circuit Court of Australia Act 1999, and for related purposes

[Assented to 25 February 2015]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Federal Courts Legislation Amendment Act 2015.

2 Commencement

This Act commences on the day after this Act receives the Royal Assent.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Federal Court of Australia

Federal Court of Australia Act 1976

1 Section 4

Insert:

conveyance includes a vehicle, a vessel and an aircraft.

dwelling house includes a conveyance, or a room in accommodation, in which people ordinarily retire for the night.

police officer means a member or special member of the Australian Federal Police or a member of the police force or police service of a State or Territory.

premises includes a place and a conveyance.

2 Subsection 24(1AA)

After “paragraph (1)(a)”, insert “, (d) or (e)”.

3 Paragraphs 24(1AA)(b) and (d)

Repeal the paragraphs, substitute:

(b) a decision to do, or not to do, any of the following:

(i) join or remove a party;

(ii) adjourn or expedite a hearing;

(iii) vacate a hearing date.

4 After paragraph 24(1D)(c)

Insert:

(ca) a judgment of the Federal Circuit Court under section 17A of the Federal Circuit Court of Australia Act 1999;

5 Paragraphs 33(4A)(b) and (d)

Repeal the paragraphs, substitute:

(b) a decision to do, or not to do, any of the following:

(i) join or remove a party;

(ii) adjourn or expedite a hearing;

(iii) vacate a hearing date.

6 Paragraphs 33(4B)(b) to (h)

Repeal the paragraphs, substitute:

(d) a decision to do, or not to do, any of the following:

(i) join or remove a party;

(ii) grant leave to defend a proceeding;

(iii) reinstate an appeal that was taken to have been abandoned or dismissed;

(iv) extend the time for making an application for leave to appeal;

(v) adjourn or expedite a hearing;

(vi) vacate a hearing date.

7 Application

The amendments of sections 24 and 33 of the Federal Court of Australia Act 1976 made by this Schedule apply to the bringing of appeals on or after the commencement of the amendments, whether the judgments appealed from were made before, on or after that commencement.

8 Subsection 43(1)

Repeal the subsection, substitute:

(1) The Court or a Judge has jurisdiction to award costs in all proceedings before the Court (including proceedings dismissed for want of jurisdiction) other than proceedings in respect of which this or any other Act provides that costs must not be awarded. This is subject to:

(a) subsection (1A); and

(b) section 570 of the Fair Work Act 2009; and

9 Application

The amendment of section 43 of the Federal Court of Australia Act 1976 made by this Schedule applies in relation to proceedings instituted on or after the commencement of the amendment.

10 After section 55

Insert:

55A Making arrests under this Act or warrants

Application

(1) This section applies to any of the following persons (the arrester) who is authorised by this Act, or a warrant issued under this Act or the Rules of Court, to arrest another person (the arrestee):

(a) the Sheriff of the Court;

(b) a Deputy Sheriff of the Court;

(d) a Deputy Sheriff of a court of a State or Territory;

(e) a police officer.

Power to enter premises

(2) If the arrester reasonably believes the arrestee is on premises, the arrester may enter the premises, using such force as is necessary and reasonable in the circumstances, at any time of the day or night for the purpose of searching the premises for the arrestee or arresting the arrestee.

(3) However, the arrester must not enter a dwelling house between 9 pm one day and 6 am the next day unless he or she reasonably believes that it would not be practicable to arrest the arrestee there or elsewhere at another time.

Use of force

(4) In the course of arresting the arrestee, the arrester:

(a) must not use more force, or subject the arrestee to greater indignity, than is necessary and reasonable to make the arrest or to prevent the arrestee’s escape after the arrest; and

(b) must not do anything that is likely to cause the death of, or grievous bodily harm to, the arrestee unless the arrester reasonably believes that doing that thing is necessary to protect life or prevent serious injury to another person (including the arrester); and

(i) the arrester reasonably believes that doing that thing is necessary to protect life or prevent serious injury to another person (including the arrester); and

(ii) the arrestee has, if practicable, been called on to surrender and the arrester reasonably believes that the arrestee cannot be arrested in any other way.

Informing the arrestee of grounds for arrest

(5) When arresting the arrestee, the arrester must inform the arrestee of the grounds for the arrest.

(6) It is sufficient if the arrestee is informed of the substance of those grounds, not necessarily in precise or technical language.

(7) Subsection (5) does not apply if:

(a) the arrestee should, in the circumstances, know the substance of the grounds for the arrest; or

(b) the arrestee’s actions make it impracticable for the arrester to inform the arrestee of those grounds.

11 Application of section 55A

Section 55A of the Federal Court of Australia Act 1976 applies in relation to arrests:

(a) authorised by that Act after the commencement of that section; or

(b) authorised by warrants issued under that Act after that commencement.

Schedule 2—Federal Circuit Court of Australia

Part 1—Commonwealth tenancy disputes

Federal Circuit Court of Australia Act 1999

1 Section 5

Insert:

Commonwealth officer or employee means a person who:

(a) is appointed or engaged under the Public Service Act 1999; or

(b) is appointed under another law of the Commonwealth; or

(d) is employed by a public authority of the Commonwealth; or

(e) is a member of the Defence Force; or

(f) is the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979).

Commonwealth tenancy dispute means a matter:

(a) involving a lease, licence or other arrangement to possess, occupy or use land and a dispute about:

(i) the recovery of rent or other payments payable under or in relation to the lease, licence or other arrangement; or

(ii) the termination of the lease, licence or other arrangement; or

(iii) the possession, occupation or use of the land; and

(b) in which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party.

public authority of the Commonwealth means:

(a) a body incorporated, whether before or after the commencement of this definition, for a public purpose by a law of the Commonwealth, being a body corporate employing staff on its own behalf; or

(b) an authority or body, not being a body corporate, established, whether before or after the commencement of this definition, for a public purpose by, or in accordance with the provisions of, a law of the Commonwealth, being an authority or body employing staff on its own behalf; or

(c) an incorporated company over which the Commonwealth, or a body or authority mentioned in paragraph (a) or (b), is in a position to exercise control.

2 Section 10 (heading)

Repeal the heading, substitute:

10 Original jurisdiction—general

3 After subsection 10(1)

Insert:

(1A) The Federal Circuit Court of Australia also has such original jurisdiction as is vested in it by a legislative instrument made under section 10AA.

4 After section 10

Insert:

10AA Original jurisdiction—Commonwealth tenancy disputes

(1) The Federal Circuit Court of Australia has jurisdiction to hear and determine a Commonwealth tenancy dispute between the parties to a lease, licence or other arrangement in which:

(a) the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is:

(i) the lessor (other than as a sublessor); or

(ii) the licensor (other than as a sublicensor); or

(iii) the grantor of a right or permission to possess, occupy or use land owned by the Commonwealth; and

(b) a person other than:

(i) the Commonwealth; or

(ii) a person suing or being sued on behalf of the Commonwealth; or

(iii) a Commonwealth officer or employee;

is:

(iv) the lessee (other than as a sublessee); or

(v) the licensee (other than as a sublicensee); or

(vi) the grantee of the right or permission.

(2) The Minister may, by legislative instrument, confer jurisdiction on the Federal Circuit Court of Australia in respect of any other specified Commonwealth tenancy dispute.

Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

(3) The Minister may, by legislative instrument, make provision for and in relation to all or any of the following matters in respect of a Commonwealth tenancy dispute:

(a) the rights of the parties to the Commonwealth tenancy dispute;

(b) the law (whether a law of the Commonwealth or a law of a State or Territory) to be applied in determining the Commonwealth tenancy dispute (the applicable law);

(d) the powers that the Federal Circuit Court of Australia may exercise under the applicable law;

(e) if the Federal Circuit Court of Australia makes an order when exercising jurisdiction over the Commonwealth tenancy dispute—the powers that may be exercised when executing the order or a class of orders.

5 Application

The amendments made by this Part apply in relation to:

(a) a lease, licence or other arrangement entered into before the day this item commences and a Commonwealth tenancy dispute between the parties to the lease, licence or other arrangement that arises before, on or after that day; and

(b) a lease, licence or other arrangement entered into on or after the day this item commences and a Commonwealth tenancy dispute between the parties to the lease, licence or other arrangement that arises on or after that day.

Part 2—Costs

Federal Circuit Court of Australia Act 1999

6 At the end of subsection 79(1)

Add “or section 14, 15 or 16 of the Public Interest Disclosure Act 2013”.

7 Subsection 79(1) (at the end of the note)

Add “See section 18 of the Public Interest Disclosure Act 2013 for proceedings in relation to matters arising under section 14, 15 or 16 of that Act.”.

8 Application

The amendments made by this Part apply in relation to proceedings instituted on or after the commencement of the amendments.

[Minister’s second reading speech made in—

House of Representatives on 27 November 2014

Senate on 3 December 2014]

(251/14)

Overview

The Federal Courts Legislation Amendment Act 2015, enacted by the Parliament of Australia, was designed to amend the Federal Court of Australia Act 1976 and the Federal Circuit Court of Australia Act 1999, addressing gaps and improving the efficiency of these courts. The legislation introduced several key changes, including the expansion of definitions to clarify terms such as "conveyance" and "dwelling house," adjustments to the scope of decisions that can be appealed, and the introduction of specific provisions for the making of arrests by authorised persons within the court system. Furthermore, the Act sought to streamline the process of awarding costs in proceedings before the Federal Court, subject to certain exceptions. Policy objectives underpinning the Act include enhancing the clarity and effectiveness of the federal court system, ensuring fair and reasonable practices in arrests and the handling of tenancy disputes involving the Commonwealth, and providing a more defined framework for costs in legal proceedings. The Federal Courts Legislation Amendment Act 2015 aims to modernise and refine the operational aspects of the Federal Court of Australia and the Federal Circuit Court of Australia, ensuring these courts can better serve the needs of the public and the legal system. The amendments reflect a commitment to procedural fairness, operational efficiency, and clarity in legal definitions and practices within the federal judicial framework.

Scope and Application

The Federal Courts Legislation Amendment Act 2015 amends the Federal Court of Australia Act 1976 and the Federal Circuit Court of Australia Act 1999. This Act applies to the Federal Court of Australia, and its amendments are applicable to appeals brought on or after the commencement of the amendments, regardless of when the judgments appealed from were made. It also applies to proceedings instituted on or after the commencement of the amendments to the Federal Court of Australia Act 1976. The Act extends to any person authorised to arrest another under the Federal Court of Australia Act 1976, including the Sheriff of the Court, a Deputy Sheriff of the Court, the Sheriff of a court of a State or Territory, a Deputy Sheriff of a court of a State or Territory, and a police officer. The Federal Circuit Court of Australia Act 1999 amendments apply to Commonwealth tenancy disputes and proceedings instituted on or after the commencement of the amendments. The Act applies on a national level as it pertains to federal courts, and its amendments are applicable to any lease, licence or other arrangement entered into before or after the commencement of the amendments. There are no stated exclusions or exemptions in the Act. The application of the Act may be extended or restricted through subordinate instruments, such as legislative instruments made under section 10AA of the Federal Circuit Court of Australia Act 1999.

Key Provisions

The Federal Courts Legislation Amendment Act 2015 (No. 9, 2015) primarily amends the Federal Court of Australia Act 1976 and the Federal Circuit Court of Australia Act 1999, with the goal of expanding and clarifying certain jurisdictional and procedural provisions. For the Federal Court of Australia, the Act introduces a new definition of "conveyance" in section 4, which now includes vehicles, vessels, and aircraft, and expands the definition of "dwelling house" to include any conveyance or room in accommodation where people ordinarily retire for the night. Section 24(1AA) is amended to specify new grounds for appeal, while paragraphs 24(1AA)(b) and (d) are repealed and substituted to limit the types of decisions that can be appealed. The Act also introduces a new subsection 24(1D)(c) that includes judgments of the Federal Circuit Court under section 17A of the Federal Circuit Court of Australia Act 1999 among the matters that can be appealed. Furthermore, section 33(4A)(b) and (d) are repealed and substituted, and section 33(4B)(b) to (h) are also repealed and substituted to include additional decisions that can be appealed. The Act further amends section 43 to clarify the circumstances under which costs can be awarded by the Court. The Act imposes various obligations on the parties involved in proceedings before the Federal Court of Australia and the Federal Circuit Court of Australia. For instance, it mandates that arresters, such as the Sheriff of the Court, a Deputy Sheriff, the Sheriff or Deputy Sheriff of a State or Territory, and police officers, must use only reasonable and necessary force when making an arrest. The Act also requires that arresters inform the arrestee of the grounds for the arrest, unless the arrestee already knows these grounds or circumstances make it impractical to provide such information. Additionally, the Act delineates the jurisdictional scope of the Federal Circuit Court of Australia regarding Commonwealth tenancy disputes, providing the Court with the authority to hear and determine disputes involving the Commonwealth and others over leases, licenses, or other arrangements concerning land. The Act sets out specific offences and penalties for breaches of its provisions. For example, it includes provisions that if an arrester uses more force than is necessary and reasonable in the course of making an arrest, or if they cause death or grievous bodily harm without a reasonable belief that such action is necessary to protect life or prevent serious injury, they may face legal consequences. The Act does not explicitly state maximum penalties for these offences but implies that they are subject to existing laws governing the conduct of law enforcement officers. Additionally, the Act may carry civil consequences for non-compliance with its provisions, such as costs being awarded against a party in accordance with the specified conditions. In conclusion, the Federal Courts Legislation Amendment Act 2015 significantly updates and refines the jurisdictional and procedural frameworks of the Federal Court of Australia and the Federal Circuit Court of Australia. By introducing new definitions, expanding grounds for appeal, and clarifying the Court's jurisdiction over Commonwealth tenancy disputes, the Act aims to enhance the efficiency and fairness of legal proceedings. The obligations and potential consequences outlined in the Act ensure that the processes are conducted with due regard to the rights and safety of all involved parties.

Area of Law: Civil Litigation & Procedure
Instrument: Act
Concepts: Commencement Provisions; Reporting & Disclosure Obligations; Enforcement Powers; Regulatory Standards

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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