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Topic: Federal Court of Australia

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	Federal Court of Australia - Wikipedia, the free encyclopedia
		The court was established in 1976 by the Federal Court of Australia Act.
		The Federal Court of Australia also has appellate jurisdiction from the Federal Magistrates Court on all matters, with the exception of family law, where the Family Court of Australia has appellate jurisdiction.
		The Court also exercises general appellate jurisdiction in criminal and civil matters on appeal from the Supreme Court of the Australian Capital Territory and the Supreme Court of Norfolk Island.
	en.wikipedia.org /wiki/Federal_Court_of_Australia (366 words)

	Federal court (Site not responding. Last check: 2007-11-03)
		In some countries, a particular court, for example, the Federal Court of Canada.
		Federal district in central-western Brazil in which the country's capital Brasilia is located.
		Federal district in Mexico in which the country's capital Mexico City is located.
	www.serebella.com /encyclopedia/article-Federal_court.html (367 words)

	CNN - Australia's Federal Court: Rehire fired dock workers - April 23, 1998
		Patrick may appeal the Federal Court's decision to the High Court, but it is unclear what legal or procedural issues may be used for the basis of an appeal.
		Court decisions "will come and go," Howard said in anticipation of the ruling, but "the resolute belief of my government is that it is essential we go into the 21st century with a modern, competitive waterfront, irrespective of any particular decision in certain cases."
		Federal Court Justice Anthony North ruled Tuesday that Patrick may have broken federal laws by firing union members, and that the illegally fired workers must be rehired.
	www.cnn.com /WORLD/asiapcf/9804/23/australia (461 words)

	Courts and Tribunals - Australia - Equal Employment Opportunities
		The High Court is the Highest Court in Australia, and is the final stage in the appeals process from all State, Federal and Territory Courts.
		The Federal Court is a Federal court which, amongst other things, considers questions of law referred to it by the Australian Industrial Relations Commission under s.46 of the Workplace Relations Act 1996.
		This former Federal Court's jurisdiction has been transferred to other courts, mainly the Federal Court of Australia and in May 1997 the staff and resources of the Industrial Relations Court were transferred to the Federal Court.
	www.ilo.org /public/english/employment/gems/eeo/law/austral/c_all.htm (1096 words)

	National Native Title Tribunal: : What does the Federal Court do? (Site not responding. Last check: 2007-11-03)
		The Federal Court of Australia manages native title applications, from the time when the applications are first filed in the court's registry, through to making determinations of native title.
		The Federal Court is responsible for making decisions about native title applications, and the Tribunal assists people to resolve applications through mediation.
		Federal Court of Australia in your capital city (details listed in telephone directory).
	www.nntt.gov.au /publications/1021885769_19644.html (1065 words)

	Australia Civil Criminal Court Records Search & Lookup
		This Court was created by the Federal Court of Australia Act 1976 and began to exercise its jurisdiction on 1 February 1977.
		The Federal Court has such jurisdiction as permitted by laws made by the Commonwealth Parliament, including, for example, in relation to matters in which a writ of mandamus or prohibition or an injunction is sought against an officer of the Commonwealth Government, in bankruptcy, corporations law, industrial relations, taxation and trade practices law.
		This court was established in March 1994 and deals with industrial relations matters, such as the interpretation and enforcement of industrial awards and certified agreements and the regulation of various matters relating to unions.
	www.abika.com /Reports/Australia_Criminal_or_Civil_Court_Records.htm (991 words)

	Family Court of Australia Overview of Jurisdiction
		The Family Law Act requires the Court to have regard to "the need to preserve and protect the institution of marriage" which is described as "the union of a man and a woman to the exclusion of all others voluntarily entered into for life".
		The Court considers the contributions of the parties up until the date of their separation and after that date, to the date of determination of their respective rights by the Court.
		The Court considers all of the contributions in the areas referred to above with a view to determine what each of the parties is entitled to in the light of their respective contributions, having regard to the "nature and quality" of those contributions.
	www.familycourt.gov.au /presence/connect/www/home/about/for_legal_studies_students/student_resource_fcoa_jurisdiction (2943 words)

	High Court of Australia - Justices - Justice Kirby
		Michael Donald Kirby was appointed to the Court in February 1996.
		At the time of his appointment he was President of the New South Wales Court of Appeal, having been appointed to that office in September 1984.
		In 1983 he became a judge of the Federal Court of Australia, serving on that Court until 1984.
	www.hcourt.gov.au /kirbyj.htm (160 words)

	Federal Courts (State Jurisdiction) Act 1999 [Act] (Site not responding. Last check: 2007-11-03)
		(1) A reference in this Act to an "ineffective judgment" is a reference to a judgment of a federal court in a State matter given or recorded, before the commencement of this section, in the purported exercise of jurisdiction purporting to have been conferred on the federal court by a relevant State Act.
		A federal court record, or a copy of a federal court record, of an ineffective judgment may be adduced in evidence to show the existence, nature and extent of each right or liability conferred, imposed or affected by section 6.
		(b)a judgment given or recorded by the Family Court of Australia that has been declared to be invalid, or has been quashed or overruled, by the Full Court of the Family Court of Australia before the commencement of this section (otherwise than on the ground that the Court had no jurisdiction).
	www.parliament.sa.gov.au /Catalog/legislation/Acts/f/1999.48.htm (1670 words)

	PCWorld.com - Kazaa Gets Its Day in Court (Site not responding. Last check: 2007-11-03)
		Sharman Networks, in Cremorne, Australia, is requesting that the court set aside an order allowing the seizure of evidence due to the failure of MIPI to disclose "significant information" to the court when applying for the order.
		On February 6, the court granted MIPI an Anton Pillar order, which is often used in software piracy cases, against the owner of the Kazaa network, allowing for the search of Sharman Networks' offices.
		Judge Murray Rutledge Wilcox, who is presiding over the case in Sidney's Federal Court of Australia, was quoted by Sharman Networks in a statement Friday as saying that he suspected he was not told the full story by MIPI and their representatives when the application for the Anton Pillar order was originally made.
	www.pcworld.com /news/article/0,aid,114866,00.asp (377 words)

	Federal court - Wikipedia, the free encyclopedia
		The term "federal court", when used by itself, can refer to:
		Any court of the national government in a country that has a federal system such as that of the United States (United States federal courts) or Mexico
		In some countries, a particular court, for example, the Federal Court of Canada or the Federal Court of Australia.
	en.wikipedia.org /wiki/Federal_court (130 words)

	Federal Court declares National Australia Bank acted unconscionably
		The Court today ordered, by consent, injunctions against NAB and one of its Hobart business banking managers, Mr Carlton Dixon, to restrain them from obtaining personal consumer or business guarantees in Tasmania without properly explaining the nature of the guarantee and the need to obtain independent legal advice before signing the guarantee.
		The Court also ordered by consent that NAB include in its internal Lending Manual a statement requiring all the NAB's lending staff throughout Australia to strictly comply with these procedures when obtaining personal consumer or business guarantees.
		The Court also ordered by consent that NAB circulate to all its lending staff throughout Australia a bulletin to this effect.
	www.accc.gov.au /content/index.phtml/itemId/88110 (1217 words)

	Federal Court of Australia
		Notwithstanding the provisions of O.53 r.10(2) of the Federal Court Rules and the provisions of s.43(2A) of the Administrative Appeals Tribunal Act 1975, the Tribunal provided its reasons in writing for the decision made on 5 March 1991.
		In the hearing in this Court, counsel for the appellant submitted thatthe conclusion stated by the Tribunal that "[h]is age was an important factor in his decision to retire" was erroneous.
		In Sherman v Repatriation Commission (unreported, 6 June 1991, Federal Court of Australia), Gray J was concerned with a similar problem to the present one, but in which the subjective circumstances of the applicant were different in kind from those of Mr Hamilton.
	www.vrb.gov.au /court/hamilton.html (3089 words)

	Federal Court of Australia homepage
		This database contains both single Judge and Full Court decisions from 1 February 1977 to 31 December 2001.
		All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series.
		Alcon Laboratories (Australia) Pty Ltd v Trustees of Columbia University in the City of New York [2002] FCA 1314
	www.fedcourt.gov.au /searchjudgments.html (527 words)

	Law Institute of Victoria - Australia's legal system - The Federal Court system
		Decisions of the Full Federal Court may be appealed to the High Court if the High Court gives leave to appeal in the particular case.
		The court provides a quicker, cheaper option for litigants and eases the workload of both the Federal and Family Court.
		The court hears less complex areas of law but its jurisdiction is concurrent with the Family and Federal Court.
	www.liv.asn.au /public/legalinfo/court/court-The-2.html (486 words)

	AGIMO \| Federal Court of Australia - eFiling
		As part of implementation, the Court rules were amended to allow for electronic service of documents and for a facsimile of the signature (if needed) to be affixed on the document by electronic means.
		The eFiling program has helped enhance the Federal Court's responsiveness and effectiveness, provided some capability enhancement for regional areas, and is expected to make a significant contribution to the Court's goal of being an outstanding superior court that administers justice with high standards of service.
		The Federal Court is addressing the cultural barriers within the law firms through active promotion and education about the benefits of eFiling.
	www.agimo.gov.au /publications/2003/05/e-govt_case_studies/efiling (1697 words)

	SECTION 44 - APPEALS TO FEDERAL COURT OF AUSTRALIA FROM DECISIONS OF THE TRIBUNAL
		A party to a proceeding before the Tribunal may appeal to the Federal Court of Australia, on a question of law, from any decision of the Tribunal in that proceeding.
		The Federal Court of Australia shall hear and determine the appeal and may make such order as it thinks appropriate by reason of its decision.
		Subsection (7) does not limit the Federal Court of Australia's power under subsection (5) to make an order remitting the case to be heard and decided again by the Tribunal.
	law.ato.gov.au /atolaw/view.htm?locid='PAC/19750091/44' (1516 words)

	Federal Court of Australia rejects Budejovicky Budvar's* defence of good faith use of Anheuser-Busch's Budweisermark in ... (Site not responding. Last check: 2007-11-03)
		The Federal Court of Australia ruled that the use of the term 'Budweiser' as part of the English version of the defendant's name, i.e.
		Though the defendant argued that its use of 'Budweiser' as part of its name was a good faith use of the term, the Federal Court determined that a principle witness for the defendant knew that the plaintiff's Budweiser trademark enjoyed a significant reputation in Australia and around the world.
		The court concluded that the defendant should have realized that its use of the trademark term would cause confusion.
	www.wptn.com /tmrk_001_vol4is6.htm (457 words)

	WWF - Court decision marks major expansion of Australia's federal environmental powers
		Sydney, Australia - A win by environment groups in the Full Federal Court of Australia today has confirmed the major expansion of environmental powers for the Australian government.
		Australia's Federal Court had earlier determined that the Commonwealth must consider the potential downstream impacts of irrigated agriculture and other developments arising from a 880,000-megalitre dam planned for the Dawson River in central Queensland, whose waters flow onto the Great Barrier Reef.
		The ruling came after WWF-Australia and the Queensland Conservation Council took Dr David Kemp, then Federal Environment and Heritage Minister of Australia, to court for failing to use his power under Australia's key piece of environmental legislation (the Environment Protection and Biodiversity Conservation Act 1999) to assess the impacts the development.
	panda.org /news_facts/newsroom/news/index.cfm?uNewsID=14613&uLangID=1 (411 words)

	IN THE FEDERAL COURT OF AUSTRALIA (Site not responding. Last check: 2007-11-03)
		I refer the court to my Notice of Intention to Oppose Petition and Affidavit Supporting Grounds of Opposition filed on the 24th of September 1998 and my Further Affidavit Supporting Grounds of Opposition filed on the 27th of April 1999.
		Australia's defence is at present entirely military, that is, it is based on the readiness to kill.
		From the annual Federal Budget it is possible to determine the proportion of consolidated revenue going to the defence function.
	users.bigpond.net.au /d.keenan/CO/BankruptcySubmission.htm (2337 words)

	Unjust enrichment in the Federal Court of Australia (Jonathon Moore, 3 Oct 2003)
		Unjust enrichment in the Federal Court of Australia (Jonathon Moore, 3 Oct 2003)
		Unjust enrichment in the Federal Court of Australia
		Finkelstein J's excellent judgment in Spangaro v Corporate Investment Australia Funds Management Ltd [2003] FCA 1025 (26 September 2003) is expressly ground upon the existence of a principled law of unjust enrichment.
	www.ucc.ie /law/restitution/rdg/kk0310001.htm (155 words)

	[No title] (Site not responding. Last check: 2007-11-03)
		An application was made to the Federal Court pursuant to s46PO of the Human Rights and Equal Opportunity Commission Act 1986.
		Marshall J affirmed that appeals from the Federal Magistrates Court are conducted as a re-hearing of the initial application, and that the Court is also able to draw inferences of fact based on the evidence before the primary judge.
		Need for an extension of time — An application to the Federal Court or Federal Magistrates Court under s46PO of the Act must be made within 28 days of the issue of a termination notice by the Commission.
	www.hreoc.gov.au /legal/decision_docs/fed_court/SDA/low_v_commonwealth_of_australia_appeal_13_6_01.doc (354 words)

	Ilfracombe Shire Council Consent Determination, Federal Court of Australia - Agreements Database Agreement
		Summary Information: Ilfracombe Shire Council (Unreported, FCA, 20 June 2002, Drummond J) The Federal Court made a determination in respect of a consent non-claimant application which was brought by Ilfracombe Shire Council as Trustee for the area.
		The non-claimant application was over a wider area than the area of the determination and was dismissed by the Federal Court except for the area of the determination.
		Federal Court of Australia, Commonwealth Government of Australia
	www.atns.net.au /biogs/A000689b.htm (198 words)

	Business process found patentable by Federal Court of Australia (Site not responding. Last check: 2007-11-03)
		The Federal Court of Australia has found a "new economy patent" valid and infringed, and has indicated that it is likely to uphold the patentability of business processes, finding that business processes should be subject to the same legal requirements for patentability as any other process or method.
		Significantly, Justice Heerey considered that the invention the subject of the patent was indeed a manner of manufacture and was not "generally inconvenience" (part of the test of patentable subject matter in Australia).
		Interestingly, the Court not only found the claims of Welcome Real-Time's patent to be valid, but issued a certificate of validity of the claims (under s19 of the Act).
	www.findlaw.com.au /article/1992.htm (1163 words)

	Wik Peoples v State of Queensland [2000] FCA 1443 (3 October 2000)
		McNaught Ngallametta, as the registered native title claimant, is in the process of seeking to incorporate, pursuant to the Aboriginal Councils and Associations Act 1976 (Cth), an Aboriginal association to be a prescribed body corporate and perform the functions mentioned in s 57(3) of the Native Title Act 1993 (Cth).
		Much more commonly the Court, after having the opportunity to hear and consider all the evidence from all the parties, comes to the conclusion that there is at least some merit in the arguments put forward by each party.
		To enable the Court to have an informed opinion on the likely prospects of a prompt settlement of Part B of the claim, I intend to seek more frequent reports from the Tribunal as to the progress of mediation of the outstanding issues than has hitherto been done.
	hei.unige.ch /~clapham/hrdoc/docs/wikpeoplecase.html (2448 words)

	Former Australian Attorney-General - New Judge for the Federal Court of Australia
		NEW JUDGE FOR THE FEDERAL COURT OF AUSTRALIA
		I am pleased to announce the appointment of Mr James Allsop SC as a Judge of the Federal Court of Australia.
		He has been involved as a junior and as a silk in the High Court, the Federal Court and the Supreme Court of New South Wales.
	www.ag.gov.au /agd/www/attorneygeneralhome.nsf/Alldocs/020AEEEF5DE54594CA256B590081867A?OpenDocument (200 words)

	Federal Court of Australia
		It makes s.29(4) of the Veterans' Entitlements Act, the provision on which the applicant relies before this Court, inapplicable to such a determination as is in question, made by the Tribunal upon a review of a Board decision affirming "such a decision of the Commission".
		Counsel contended thatthe Court could entertain this ground of attack on the Tribunal's decision because, once seized of a case involving a question of law, the Court had wide enough powers under s.44(5) of the Administrative Appeals Tribunal Act 1975 to deal with factual points.
		If, however, the applicant intended to raise before me the doubt expressed, at the same page of the report, as to the competence of Parliament to invest a federal court with jurisdiction to decide a question of law only, I must say that such doubt seems to me groundless.
	www.vrb.gov.au /court/dean.html (1462 words)

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