Federal Court of Australia Act 1976

The Act affects the Chief Justice (responsible for business arrangement under section 15 and administrative affairs under section 18A), other Judges (appointed by Governor-General under section 6, eligible after five years as legal practitioner or prior judicial service plus knowledge, skills and experience), the Chief Executive Officer (appointed on Chief Justice nomination under section 18C, accountable authority under section 18ZB), officers including Registrars, Sheriff, Deputy Sheriffs, Marshal and Deputy Marshals under sections 18N, 18P and 18PA, and parties to proceedings (accused and prosecutor in indictable primary proceedings under section 23AB(3); applicants, respondents and group members in representative proceedings under Part IVA). It affects potential jurors (qualified under section 23DF or State or Territory equivalent under Subdivision DB; liable to serve unless excused under Subdivision DC) and witnesses (subject to summons and evidence rules under sections 58 and 23FC). Corporate services affect the Federal Circuit and Family Court of Australia (Divisions 1 and 2) and National Native Title Tribunal under section 18Z. The Act applies to proceedings in external Territories under section 3 and interacts with State or Territory jury officials under sections 23DU, 23DW, 23DX, 23DY and 23DZ. The provisions affect the Chief Justice under sections 18A, 15 and 18C, Chief Executive Officer under sections 18D, 18E, 18L, 18M, 18ZH, 18ZI, 18ZF, Judges under sections 5 to 6 and 14 to 17, officers including Registrars, District Registrars, Sheriff, Marshal and deputies under sections 18N, 18P, 18PA and 35A, APS employees and staff of the Federal Circuit and Family Court of Australia under sections 18ZF and 18ZG, parties to civil and criminal proceedings, accused and prosecutors in indictable primary proceedings under section 23AB, group members and representative parties in Part IVA proceedings under sections 33C, 33J, 33V, 33Z and 33ZB, assessors under sections 37J to 37L, lawyers under sections 37N and 43, jurors, potential jurors and former jurors under sections 41, 58AB to 58AM and 23DA to 23EM, and persons involved in bail or security under sections 58DE, 58DG and 58FC. It also affects the Governor-General (appointments and suspensions), Minister (assessor matters), and Commonwealth agencies or organisations under arrangements under section 18BA. These provisions affect accused persons in indictable primary proceedings (including those committed for trial or sentencing), potential jurors and jurors (including those summonsed under sections 23DQ, 23DU or 23DZL), prosecutors, representative parties and group members (including those under disability), respondents in representative proceedings, the Sheriff, State or Territory jury officials, the Chief Justice, Judges, Chief Executive Officer, Registrars, District Registrars, Deputy District Registrars, Marshals and Deputy Marshals, complaint handlers, witnesses, lawyers, news publishers, persons providing security for bail, and persons instituting or conducting proceedings in Australian courts or tribunals. They also affect the Commonwealth in proceedings relating to administrative affairs under section 18X and group members taken as parties for certain Competition and Consumer Act 2010 and Australian Consumer Law claims under section 33ZH. The provisions affect parties in civil and criminal proceedings before the Court, including applicants, appellants, respondents, accused persons and prosecutors in indictable primary proceedings under section 23AB(3), group members in representative proceedings under sections 33C to 33ZJ, potential jurors and jurors in indictable primary proceedings under sections 23DZA to 23EL, witnesses summoned under section 58 or jury summonses under sections 58AA to 58AL, and the Chief Executive Officer in managing administrative affairs and corporate services for the Court and the Federal Circuit and Family Court of Australia (Divisions 1 and 2) under sections 18A to 18ZK. They also affect the Attorney-General in consenting to further criminal appeals under section 30AD and State or Territory courts in stated cases or transfers under sections 26, 30CA and 32AE. The Act affects parties to civil and criminal proceedings before the Court, including accused and prosecutors in indictable primary proceedings under section 23AB(3) and criminal appeal proceedings under section 4, group members in representative proceedings under Part IVA under sections 33C to 33ZJ, lawyers conducting proceedings under section 37N, news publishers and sufficient-interest persons in suppression order applications under section 37AH, persons who frequently institute or conduct vexatious proceedings or act in concert with them under section 37AO, assessors appointed for Native Title Act 1993 jurisdiction under sections 37A to 37L, jurors and potential jurors under Part VIA under sections 58AA to 58AM, and persons providing security under bail undertakings under sections 58DE and 58FC. It also affects the Chief Executive Officer in administrative affairs and corporate services under sections 18A and 18B, Registrars exercising delegated powers under section 35A, and the Attorney-General in applications for vexatious proceedings orders or consent to certain criminal appeals under sections 37AO and 30AD.

The Chief Justice must ensure effective, orderly and expeditious discharge of business under section 15(1), assign Judges and caseloads under section 15(1AA)(a), ensure access to health assessments, counselling and judicial education under section 15(1AA)(b), and handle complaints where a relevant belief exists that circumstances may justify removal under Constitution section 72(ii) or affect performance or reputation under section 15(1AAA), definition in section 4. The Chief Justice may delegate administrative powers to any Judge under section 18W and authorise complaint handlers under section 15(1AAB), with immunity under section 18XA. Parties in civil proceedings must conduct proceedings consistently with the overarching purpose under section 37N(1), and lawyers must assist compliance under section 37N(2). In indictable primary proceedings, parties must comply with pre-trial disclosure orders under section 23CD, with the accused required to disclose alibi or mental impairment matters under Criminal Code section 7.3 under section 23CM. Accused persons have the right to attend Division 2A appeals unless ordered otherwise or appearing by video or audio link under section 30AG. The Court must grant all remedies to completely and finally determine matters under section 22 and may make binding declarations of right in civil original jurisdiction under section 21. Jurors must be qualified and not disqualified (serious convictions, current imprisonment, professional ineligibility under section 23DF). The Sheriff must excuse unqualified persons and may excuse for good cause including health or undue hardship under Subdivision DC. The Court must discharge jurors who are not impartial, incapable or unsuitable, and discharge the jury if all counts are resolved or in the interests of justice under Subdivision E. In representative proceedings, the representative party may settle an individual claim with leave under section 33W(1), and group members may opt out under section 33J. The Court must consider open justice when making suppression orders under section 37AE and may refer proceedings to alternative dispute resolution with party consent for arbitration under section 53A(1A). The Chief Justice must manage administrative affairs under section 18A, arrange business for effective discharge including Judge assignments and caseloads under section 15(1), ensure health assessments, counselling and education access under section 15(1AA)(b), handle complaints with relevant belief under section 15(1AAA), and maintain public confidence under section 15(1AA)(d). The Chief Executive Officer must assist the Chief Justice under section 18D, disclose interests under section 18L, appoint officers under section 18ZH, engage consultants for family dispute resolution under section 18ZI, and make APS employee services available under section 18ZF(1) and (3), with persons acting on directions of the relevant Chief Justice and Chief Executive Officer under section 18ZF(2) and (4). Parties in civil proceedings must conduct matters, including settlement negotiations, consistently with the overarching purpose under section 37N(1), and lawyers must assist compliance under section 37N(2). In indictable primary proceedings, the prosecutor must file indictments within three months of committal under section 23BF(2), provide pre-trial disclosure under section 23CE, respond to accused notices under section 23CG, and continue disclosure under section 23CH; the accused must respond under section 23CF, give alibi and mental impairment particulars under section 23CD(2), and may object to counts under section 23CP. The Court must grant all remedies to determine controversies completely under section 22 and may admit prior evidence in related summary offence prosecutions under section 23L(1). Assessors must disclose conflicts under section 37L(1) and not participate without consent under section 37L(2). Jurors and potential jurors must comply with Sheriff or Court directions under sections 58AB and 58AC and return questionnaires under section 58AE. Accused must sign bail undertakings under section 58DE and appear under section 58FA. The Court or Judge may direct video or audio link testimony or appearances under sections 47A and 47B subject to equipment and condition requirements under section 47C. No proceedings are invalidated by formal defects unless substantial injustice occurs under section 51(1). The Sheriff must investigate suspected improper juror conduct affecting verdicts with Court consent or on request and report to the Court under section 23EG(1) and (2), provide panel lists and facilitate attendance under section 23DZH, and may disclose identifying information to State or Territory jury officers under section 23EG(3). The Court must fix opt-out dates before hearings under section 33J, approve settlements and make distribution orders under section 33V, give directions for sub-group issues and individual appearances under sections 33Q to 33R, ensure notice of fund constitution with at least six months to claims day under section 33ZA(3), and consider open justice in suppression decisions under section 37AE. Parties must attend pre-trial hearings and enter pleas under section 23CA, provide sequential disclosure including outlines, statements, documents, expert reports and changes in position under sections 23CE to 23CH, and comply with jury directions (failure an offence under sections 58AB to 58AC). Accused have rights to peremptory challenges and stand-aside limits apply to prosecutors under sections 23DZP to 23DZQ. Group members have opt-out rights by written notice under section 33J, rights to apply for substitution on inadequate representation under section 33T and suspension of limitation periods until opt-out or final determination under section 33ZE. Bail applicants must sign undertakings to appear, notify address changes and comply with conditions under section 58DE(1) and (2); third-party security providers may apply for discharge under section 58DG. Registrars exercising directed powers are not subject to direction or control under section 35A(4) and parties may apply for review under section 35A(5). Persons under vexatious proceedings orders must be heard before orders are made under section 37AO(4). The Court or a Judge must have regard to evidence given below and may receive further evidence on appeal under section 27 and section 30AI(1). On allowing a conviction appeal the Court may set aside the conviction, acquit, or substitute a guilty verdict for another offence on the same indictment where the jury must have been satisfied of the necessary facts and the maximum penalty is not exceeded under section 30BB(2) to (4). Accused and prosecutor may appeal under section 30AC, with leave or on a question of law alone required under section 30AB. In representative proceedings the representative party retains sufficient interest to continue or appeal even if their personal claim ceases under section 33D(2), and settlement or discontinuance requires Court approval under section 33V. Prosecutors and accused must comply with pre-trial disclosure orders under section 23CD, with failure by the accused to give alibi or mental impairment notice requiring leave to adduce that evidence under section 23CM(3) and (4). Qualified persons are liable to serve as jurors unless excused under section 23DZA, with the Sheriff required to excuse those not qualified under section 23DZE(2). The Court must discharge a juror who is not impartial or incapable under section 23EK and must discharge the jury if the number falls below ten under section 23EL(5). Every civil suit is tried by a Judge without a jury unless otherwise ordered under section 39. The Court or Judge may award costs in all proceedings under section 43(1), subject to prohibitions on costs against non-party group members under section 43(1A). Part VB states the overarching purpose of civil practice and procedure provisions as facilitating just resolution of disputes according to law as quickly, inexpensively and efficiently as possible, with objectives of just determination, efficient resource use, timely disposal and proportionate costs; parties and lawyers must conduct proceedings consistently with this purpose, and the Court may give directions on practice and procedure with non-compliance consequences including dismissal, striking out, evidence disallowance and costs orders. Assessors have duties to take oaths or affirmations, disclose conflicts and refrain from participation without Chief Justice consent, and full-time assessors are restricted from outside employment without consent. Jurors and potential jurors have duties to attend on summons, comply with Sheriff or Court directions, complete questionnaires and not make improper inquiries, with liability to serve unless excused or discharged. Prosecutors and accused have disclosure duties under sections 23CE to 23CH to provide case outlines, statements, expert reports, adverse information and responses on issues, consents and expert reports, with ongoing obligations to notify changes. Accused persons have rights to challenge for cause, peremptory challenges and stand-asides, and to apply for bail with material change required for re-application. Representative parties have duties to represent group members adequately and rights to reimbursement of excess costs from damages awards under section 33ZJ. Judgment creditors have rights to enforcement remedies equivalent to Supreme Court judgments under section 53. Parties have rights to interest up to judgment under section 51A on application unless good cause shown, and judgment debts carry interest under section 52. The Court has duties to interpret provisions to promote the overarching purpose, give parties opportunity to be heard before vexatious leave grants, and consider listed criteria before granting bail. Witnesses have rights to reasonable excuse defences for non-attendance or non-compliance. Group members have rights to opt out and to have limitation periods suspended under section 33ZE. Accused have rights to liberty subject to bail undertakings and to new trials or acquittals on successful appeals in specified circumstances.

Offences include disclosure of protected material by an entrusted person under section 23CN (imprisonment for 2 years), failure by a served person to attend as a witness under section 58(1) (6 months imprisonment), refusal to be sworn or produce documents under section 58(2) (6 months imprisonment), failure to attend jury service under section 58AA (30 penalty units), failure to appear on bail under section 58FA (2 years imprisonment), disposal of security to prevent forfeiture under section 58DH (2 years imprisonment), indemnifying a security provider under section 58HB (2 years imprisonment), and contravention of a suppression or non-publication order under section 37AL (12 months imprisonment or 60 penalty units or both). Contempt may be punished as the High Court may under section 31. The Court may order forfeiture of security where the accused fails to appear under section 58FC, with money or non-registrable property vesting in the Commonwealth under section 58FE. Judgments carry interest from entry under section 52 and are enforceable as Supreme Court judgments in the relevant State or Territory under section 53. The Court may dismiss proceedings for non-compliance with security for costs orders under section 56(4) or vexatious proceedings orders under section 37AQ. Formal defects do not invalidate proceedings unless causing substantial injustice under section 51(1). The Court may make orders ensuring non-compliance with disclosure does not cause unfairness, but not if resulting in an unfair trial under section 23CM. Strict liability offences with 30 penalty units apply for potential jurors failing to comply with directions under section 58AB, jurors failing to comply under section 58AC, and failing to return questionnaires under section 58AE, with reasonable excuse defence available. Impersonation with intent carries two years imprisonment under section 58AD. Giving false or misleading information to avoid jury service carries 60 penalty units under section 58AF. Dishonestly providing or receiving benefits to influence jurors carries 10 years imprisonment under section 58AG. Causing harm to jurors carries 10 years, threatening harm seven years under section 58AH. Obstructing jurors carries 12 months under section 58AI. Publishing identifying information about jurors carries 50 penalty units under section 58AJ. Soliciting or disclosing identifying or deliberation information carries 60 penalty units or six months if benefit involved under sections 58AK and 58AL. Making unauthorised inquiries carries 60 penalty units under section 58AM. Unauthorised disclosure of protected pre-trial material carries two years imprisonment under section 23CN(2), with exceptions for proceedings purposes, Court leave, official employment or open court disclosure under section 23CN(3). Infringement notices for sections 58AA or 58AE offences carry one-fifth of maximum penalty, with 28-day payment period and withdrawal provisions under sections 58BA to 58BG. The Court has no power to award costs in criminal appeal proceedings, proceedings under sections 30CA or 30CB, or referred under Crimes Act 1914 section 20B under section 30DA. Costs in other proceedings lie in the discretion of the Court or Judge under section 43(1) and (2), with power to order indemnity costs, lawyer personal liability and advance payments under section 43(3). Forfeiture of bail security occurs on non-appearance under section 58FC, vesting in the Commonwealth under section 58FE. No appeal lies from transfer orders under section 32AE(2) under section 32AE(7). Section 58AG offences carry imprisonment for 10 years. Failure to appear in accordance with a bail undertaking without reasonable excuse carries imprisonment for 2 years under section 58FA. Agreeing to indemnify against forfeiture of security carries imprisonment for 2 years under section 58HB. Contravention of a suppression or non-publication order carries imprisonment for 12 months, 60 penalty units or both under section 37AL(1), punishable as contempt or offence but not both for the same act under section 37AL(2) to (4). Failure by a juror or potential juror to comply with Sheriff or Court directions carries offences under sections 58AC and 58AB. Forfeiture orders on failure to appear vest money or property in the Commonwealth, with civil debt enforcement for non-deposited money and equitable vesting for registrable property under section 58FE. Vexatious proceedings orders may stay or dismiss proceedings and prohibit further institution under section 37AO(2). Court may refuse frivolous or vexatious bail reconsideration applications without hearing under section 58EB(2). Registrar costs powers are limited to applications heard by the Registrar under section 35A(2). Contravention of a suppression or non-publication order is an offence punishable by imprisonment for 12 months, 60 penalty units or both, and may also be punished as contempt but not twice under section 37AL. An accused who fails to appear in accordance with a bail undertaking commits an offence punishable by imprisonment for 2 years unless the person has a reasonable excuse under section 58FA; a person who disposes of or deals with security with intent to prevent forfeiture, destroy it or reduce its value commits an offence punishable by imprisonment for 2 years under section 58DH. Strict liability offences apply to failing to attend for jury service under section 58AA, failing to comply with directions while attending under section 58AB or as a juror under section 58AC, impersonation with intent to be empanelled under section 58AD, giving false or misleading information to avoid jury service under section 58AF, bribery of jurors under section 58AG, causing or threatening harm under section 58AH, obstructing under section 58AI, publishing identifying information under section 58AJ, soliciting information under section 58AK, disclosing information under section 58AL and making improper inquiries under section 58AM, with penalties up to 10 years' imprisonment for some. An entrusted person who discloses protected material from pre-trial disclosure commits an offence punishable by imprisonment for 2 years, subject to exceptions for proceedings purposes, court leave, official duties or prior lawful open-court disclosure under section 23CN. The Court may award costs at any stage, in different proportions, in a fixed sum, against or in favour of any party, against a lawyer personally, or on an indemnity basis under section 43(2) and (3); non-compliance with directions allows dismissal of the proceeding in whole or part, striking out or amending claims or defences, disallowing evidence, or costs on an indemnity basis under section 37P(5) and (6). Forfeiture orders for bail security take effect if not set aside on appeal, at the end of the time for filing notice of appeal or when the appeal is finally disposed of under section 58FD; the security vests absolutely in the Commonwealth if money or non-registrable property, or in equity if registrable property under section 58FE. Part VIA creates strict liability offences carrying 30 penalty units for failure to attend jury service without excuse under section 58AA, failure to comply with directions while attending under section 58AB or as a juror under section 58AC, and failure to complete or return questionnaires under section 58AE, with evidential burden on defendants for reasonable excuse defences. Indictable offences include impersonation with intent (maximum 2 years imprisonment under section 58AD), giving false or misleading information to avoid service (60 penalty units under section 58AF), bribery (10 years imprisonment under section 58AG), causing harm (10 years) or threatening harm (7 years) under section 58AH, obstruction (12 months under section 58AI), publishing identifying information (50 penalty units under section 58AJ), soliciting or disclosing jury information with benefit (6 months) or without (60 penalty units) under sections 58AK and 58AL, and improper inquiries (60 penalty units under section 58AM), with exceptions for official functions, research, health treatment and bias investigations. Infringement notices under sections 58BA to 58BG may be issued by the Sheriff within 12 months for sections 58AA and 58AE, with penalty at one-fifth of maximum, withdrawal provisions, discharge of liability on payment and bar on proceedings, and preservation of prosecution rights if unpaid. Witness offences under section 58 carry 6 months imprisonment for non-attendance or failure to be sworn, answer questions or produce documents, with strict liability for non-attendance and reasonable excuse defence. Protected material disclosure offences under section 23CN carry 2 years imprisonment. Contravention of suppression orders under Part VAA is punishable by 12 months imprisonment, 60 penalty units or both, and as contempt. Non-compliance with case management directions under section 37P may result in dismissal, striking out, evidence disallowance, indemnity costs or other orders. Failure to give security for costs under section 56 may result in dismissal. Bail forfeiture under section 58FC is mandatory on proven failure to appear unless reasonable excuse or justice interests warrant otherwise or reduction, with forfeited security vesting in the Commonwealth. The Court may punish contempt under section 31 with High Court-equivalent powers. No costs may be awarded in criminal appeal proceedings under section 30DA or indictable primary proceedings under section 23HE.

Chapter 2 of the Criminal Code applies to all offences against the Act under section 4A. Subdivision C disclosure does not affect the National Security Information (Criminal and Civil Proceedings) Act 2004, public interest immunity, or duties of investigators to disclose under section 23CL. Legal professional privilege under Evidence Act 1995 Division 1 of Part 3.10 or equivalent State or Territory law is preserved under section 23CL. Practice and procedure in criminal appeals follows laws in force at filing of the initiating notice, including applied State or Territory laws under Judiciary Act 1903 section 68(1) under section 30AH. Jury provision under Subdivision DB applies State or Territory laws equivalent to Part VIA with necessary changes under section 23DS. During the period before provision of a jury panel under section 23DU, specified State or Territory laws relating to Supreme Court trials on indictment apply, and Part VIA does not apply except section 58AA under section 23DW. The Court pays fees to the State or Territory for jury panels under section 23DY, and arrangements may be made under section 23DZ. Remote participation provisions do not affect the Trans-Tasman Proceedings Act 2010 under section 47G. Corporate services and finance are governed by the Public Governance, Performance and Accountability Act 2013, with the Federal Court of Australia as a listed entity under section 18ZB. Bail provisions are subject to any other Act under section 58DB(4). Certain Crimes Act 1914 orders under section 19B prevent deemed conviction on acceptance of guilty pleas under section 23FJ. The Court may admit committal evidence in trials under section 23FC and apply laws and Rules in force at indictment filing under section 23FB. Transfer to the Federal Circuit and Family Court of Australia is discretionary, with consultation required for Rules under section 32AB. Associated jurisdiction under section 32 operates alongside other federal jurisdiction. Section 78 of the Public Service Act 1999 applies to Federal Circuit and Family Court of Australia administrative affairs with modification under section 18ZG. Arrangements under sections 18ZH and 18ZI interact with the Federal Circuit and Family Court of Australia Act 2021 under sections 103, 259, 84 and 278. Pre-trial disclosure interacts with the Evidence Act 1995 for consents under sections 190, 184 and 191 and does not abrogate legal professional privilege except litigation privilege, nor affect the National Security Information (Criminal and Civil Proceedings) Act 2004 or public interest immunity under section 23CL. Related summary offence evidence rules interact with the Judiciary Act 1903 under section 23L. Video and audio link provisions do not affect the Trans-Tasman Proceedings Act 2010 under section 47G. Jurisdiction references interact with other Acts conferring original or appellate jurisdiction under sections 19 and 24(1)(c). Rules of Court may address Native Title Act 1993, Proceeds of Crime Act, and other specified matters under section 59. State or Territory laws on jurors apply in civil trials under section 41(1). Interest on judgments interacts with other enactments under section 51A(2). Enforcement of judgments follows State or Territory Supreme Court remedies under section 53(1). Section 23DW(2) and (3) extends State or Territory laws in force relating to Supreme Court trials on indictment (including offences) with necessary changes during the operative period, while section 23DV applies State or Territory qualification laws for panels provided under section 23DU. Section 58AG(4) gives expressions used in Chapter 7 of the Criminal Code the same meaning. Section 23DZD(5) requires regard to the Disability Discrimination Act 1992 when excusing for inability to perform duties. Section 33ZH treats group members as parties for applications under section 87(1) of the Competition and Consumer Act 2010 and section 238(1) of Schedule 2 to that Act. Section 18S(4) permits inclusion of the annual report in a report under section 46 of the Public Governance, Performance and Accountability Act 2013. Section 23CL preserves the National Security Information (Criminal and Civil Proceedings) Act 2004, public interest immunity and investigator duties while relieving litigation privilege for disclosure. Section 33ZG preserves the Court's general powers on vexatious proceedings, joinder, consolidation and security for costs. Section 23FB applies laws and Rules in force at indictment filing. Section 23FC permits admission of committal evidence on specified grounds. Bail provisions interact with remand in custody under section 23HA where no bail order has effect. Section 38 provides that practice and procedure follows Rules of Court, with High Court Rules applying mutatis mutandis where insufficient. Section 41 applies State or Territory laws on juror qualification, panels, summoning, challenges, discharge and remuneration to civil jury trials, with Supreme Court jury lists deemed made for the Court. Sections 23DV to 23DW extend State or Territory qualification and pre-provision laws to Subdivision DB jury panels, with equivalent offences applying instead of Part VIA except section 58AA. Section 23FB applies Commonwealth, State or Territory laws and Rules in force at indictment filing for practice and procedure in indictable primary proceedings. Section 23CL preserves legal professional privilege under Evidence Act 1995 Division 1 of Part 3.10 and does not abrogate duties of investigators to disclose to prosecutor or accused, while not affecting National Security Information (Criminal and Civil Proceedings) Act 2004 or public interest immunity. Section 23CJ interacts with safety and welfare considerations in address disclosure. Section 32 confers associated jurisdiction to the extent the Constitution permits, extending to related matters in indictable offence matters. Sections 32AB to 32AC and 32AD provide for transfers to and from the Federal Circuit and Family Court of Australia (Division 2), with jurisdiction conferred on the receiving court. Section 32AE permits transfer of corporate crime offence proceedings, defined to include specified offences under the Australian Securities and Investments Commission Act 2001, Corporations Act 2001, Criminal Code Divisions 70, Parts 7.7, 9.5, 10.2, 10.7, 10.8 and 10.9, National Consumer Credit Protection Act 2009 and Superannuation Industry (Supervision) Act 1993. Section 32A invests State Supreme Courts with federal jurisdiction for Chambers applications. Section 33G prohibits representative proceedings concerned only with cross-vesting claims. Section 33ZH treats group members as parties for Competition and Consumer Act 2010 section 87(1) and Schedule 2 section 238(1) purposes. Section 53A(3) excludes criminal proceedings from arbitration, mediation and alternative dispute resolution referrals. Section 30DA and section 23HE prohibit costs awards in criminal appeal and indictable primary proceedings. Section 51A(2) excludes operation of other enactments providing for interest. Section 55A applies to arrests under the Act or warrants, with force and dwelling-house restrictions. Arrangements under section 23DZ and section 18BAA permit State or Territory officials and other courts to perform non-judicial functions. Part VIB bail provisions interact with Crimes Act 1914 section 19B orders in sentencing appeals. All Part VIA offences are subject to Criminal Code Chapter 2. The Act applies State or Territory jury laws on qualification, panels, summoning, numbers, challenges, discharge, disagreement and remuneration to Court civil jury trials in that jurisdiction under section 41, and supplements Division 1A with Rules of Court and State or Territory laws and rules applied by Judiciary Act 1903 sections 68, 68B and 68C under section 23AA. Group members are treated as parties for Competition and Consumer Act 2010 section 87(1) and Schedule 2 section 238(1), and representative party applications under section 87(1A) or Schedule 2 section 237(1) are treated as by all group members under section 33ZH. The Chief Executive Officer may engage persons to perform family counselling or family dispute resolution services under the Family Law Act 1975 under section 18ZI(2). Part VAA does not limit other Court powers to regulate proceedings or deal with contempt, other laws on publication or disclosure, or section 23HC under sections 37AB to 37AD. Part VAAA does not limit other Court powers regarding vexatious proceedings under section 37AN. The provisions on video or audio links do not affect the Trans-Tasman Proceedings Act 2010 under section 47G. Section 32AE applies to proceedings for corporate crime offences under the ASIC Act 2001, Corporations Act 2001, Criminal Code Div 70 Ch 4, Pt 7.7 Ch 7, Pt 9.5 Ch 9, Pt 10.2 Ch 10, Pt 10.7 Ch 10, Pt 10.8 Ch 10, Pt 10.9 Ch 10, National Consumer Credit Protection Act 2009, Superannuation Industry (Supervision) Act 1993 provisions administered by ASIC, or related summary offences. High Court appellate jurisdiction from Court judgments is subject to the exceptions in section 33, with no appeal from single Judge original jurisdiction except as provided by another Act under section 33(2), and special leave required from Full Court under section 33(3).

No information on recent changes is provided in the source notes.

No cases are named in the source notes.

A party need not disclose material under Subdivision C if already disclosed in the current proceedings or related committal proceedings under section 23CK. Litigation privilege does not excuse non-disclosure under Subdivision C, but advice privilege may apply under section 23CL. The Court has no power to award costs in criminal appeal proceedings, proceedings under sections 30CA or 30CB, or referred under Crimes Act 1914 section 20B under section 30DA. Summary judgment under section 31A is available where there is no reasonable prospect of success and is not limited to hopeless or bound-to-fail cases under section 31A(3). Formal defects or irregularities do not invalidate proceedings unless causing substantial injustice that cannot be remedied under section 51(1). Bail orders are automatically stayed for 48 hours on prosecutor request for stay pending appeal, and continue stayed if notice of appeal is filed under section 58DD. The Court must not state a case to a court other than the Federal Court where an appeal lies under section 30AA under section 30CA(5). Non-receipt of notices in representative proceedings does not affect steps, orders or judgments under section 33Y(8). The Court may deal with civil matters without oral hearing where frivolous, vexatious, settled or not aided by oral hearing under section 20A. A receiver may be sued without leave for acts in carrying on the business under section 57(2). The Act does not confer jurisdiction for indictable offences; other provisions must do so under section 23AA. Applications for leave, extensions or stays under section 20(3) or certain interlocutory matters attract no appeal under section 24(1AA). Interlocutory judgments generally require leave to appeal except where liberty or contempt is affected under section 24(1A) and (1C). Certain orders including summary judgments under section 31A, suppression orders under section 37AF and vexatious proceedings orders are deemed interlocutory under section 24(1D). Criminal appeal bail requires exceptional circumstances under section 58DB. Indictment filing must occur within three months of committal, with extensions possible but late filing risking discharge without acquittal under sections 23BF to 23BG. Pre-trial disclosure does not require repeated provision of already disclosed material under section 23CK and personal details of witnesses need not be supplied unless materially relevant and safety risks are outweighed under section 23CJ. Litigation privilege does not excuse disclosure but advice privilege remains under section 23CL(1). No oral hearing may occur in civil matters that are frivolous, previously decided or lack factual issues under section 20A(2). In representative proceedings, judgments bind opted-in group members under section 33ZB and limitation periods are suspended under section 33ZE, but settlement requires Court approval under section 33V(1). Transfer decisions under section 32AE are not appealable under section 32AE(7). Full Court continuation after Judge unavailability requires consent or sufficient numbers under section 14(3) and (4). Reserved judgments may be published by another Judge under section 49(2) and (3). Interest is not awarded on exemplary damages or post-judgment loss under section 51A(3). The operative period under section 23DW ends on panel provision under section 23DU, with a note cross-referencing section 23DU(9). Jury continuation is prohibited below 10 jurors under section 23EAC(3) and discharge of the jury is mandatory if numbers fall below 10 under section 23EL(5). Indictment filing must occur within three months of committal, with extensions running from sentencing or trial of separated accused or counts under section 23BF. Settlement or discontinuance of representative proceedings requires Court approval under section 33V. Bail orders are stayed automatically for 48 hours on prosecutor request, continuing on appeal filing under section 58DD. Claims on constituted funds must allow at least six months to the claims day under section 33ZA(3)(c). Pre-trial disclosure need not repeat material already provided in committal proceedings under section 23CK. Suppression orders must specify the ground or grounds and operate no longer than reasonably necessary under sections 37AG(2) and 37AJ(2). Vexatious proceedings orders may be made on the Court's own initiative or application by the Attorney-General, CEO or persons with sufficient interest under section 37AO(3). Registrar review applications must be made within prescribed time under section 35A(5). An interlocutory judgment not appealed does not prevent the Court from giving a just decision on a final appeal under section 28(4) or reliance on it in an appeal from a final judgment under section 33(4C). Opt-out provisions do not apply to representative appeals on common issues under section 33ZC(8). Time on bail pending appeal does not count towards a prison sentence under section 30AL. Aggregate damages in representative proceedings require a reasonably accurate assessment of total entitlement under section 33Z(3). Personal notice to each group member is permitted only if reasonably practicable and not unduly expensive under section 33Y(5). Failure to receive notice does not affect steps, orders or judgments under section 33Y(8). The Court may direct continuation with fewer than 12 jurors but not below 10 under section 23EAC. A new trial must be ordered if the jury is discharged without a unanimous verdict unless the Court directs empanelling from the same panel within the three-month period under section 23EM. No proceedings are invalidated by formal defect or irregularity unless substantial injustice has been caused and cannot be remedied under section 51(1). Limitation periods for group member claims are suspended on commencement of a representative proceeding and resume only on opt-out or final determination without disposing of the claim under section 33ZE. An application for bail cannot be re-made unless there has been a material change in circumstances since refusal under section 58DA(2). A forfeiture order never takes effect if set aside on appeal under section 58FD(1). If an indictment is not filed within three months after committal (or extended period), the Court may discharge the accused but must not proceed as if an indictment had been filed or acquit the accused under section 23BG. A party need not disclose material already disclosed in the current proceedings or in committal or other proceedings relating to an offence founded on the same or substantially the same facts under section 23CK. Litigation privilege does not excuse pre-trial disclosure, though advice privilege under Evidence Act 1995 section 118 may still apply under section 23CL. An interlocutory judgment or order from which there has been no appeal does not prevent the Court from giving a just decision on appeal from a final judgment under section 28(4). Absence of appeal from an interlocutory judgment does not prevent reliance on it in an appeal from a final judgment or in a special leave application under section 33(4C). If the Court varies bail, the accused can only be released if a new bail undertaking and any new third party security undertakings are signed and security requirements complied with under section 58EC(1). A suppression order does not prevent non-public disclosure in official capacity regarding proceedings or enforcement, or Court procedures for informing news publishers under section 37AK. The Court may dismiss a leave application for a vexatious proceedings order if the affidavit is non-compliant or the proceeding is vexatious, and may do so without oral hearing under section 37AS. Strict liability applies to many jury offences under sections 58AA to 58AC and 58AE, with evidential burden on defendants for reasonable excuse defences per Criminal Code section 13.3(3). Dismissal of vexatious leave applications is mandatory where the affidavit fails to substantially comply or the proceeding is vexatious. Litigation privilege does not excuse non-disclosure under Subdivision C, but advice privilege is preserved and no waiver occurs. Aggregate damages in representative proceedings require reasonably accurate assessment of total entitlement. Bail orders are stayed for 48 hours on prosecutor request, with extension on appeal filing. Jury verdicts remain effective with ten or more jurors after discharge. Non-empanelled potential jurors are excused after verdict or three months from first empanelment. Failure to receive notice does not affect steps taken in representative proceedings. Protected material obtained via disclosure may not be further disclosed except for proceedings purposes or with leave. No appeal lies from transfer decisions under sections 32AB to 32AC or 32AE. Single Judges determine leave, extensions and stays in appellate jurisdiction unless directed otherwise. Committal evidence is admissible in limited circumstances only. No unsworn statements by accused in indictable primary proceedings. Interest is not awarded on interest, contractual interest debts, bill dishonour damages or certain compensation and exemplary components. Receivers manage property according to State or Territory law where situated. Process must be directed to a disinterested person where Sheriff or Marshal is a party.

Chief Justices must consult where required for corporate services expenditure decisions under section 18Z(5) and may delegate powers under section 18A under section 18W. Parties must file leave or appeal notices within 28 days after sentencing, discharge or judgment under section 30AF, and comply with disclosure timelines under section 23CD. For jury panels under Subdivision DB, the Sheriff must request a State or Territory official and pay agreed fees under sections 23DU and 23DY. Accused persons must sign bail undertakings and notify address changes under section 58DE. Representative parties must seek Court approval for settlement or discontinuance under section 33V and give required notices under section 33X. The Court must specify grounds for suppression orders under section 37AG(2) and consider open justice under section 37AE. When making vexatious proceedings orders, the Court must hear or give opportunity to be heard under section 37AO(4). For remote evidence, the Court may order payment of expenses under section 47F. Officers must use sealed and signed process under section 37. When referring to alternative dispute resolution, arbitration requires party consent under section 53A(1A). The Sheriff must prepare jury lists by random selection from the jury roll and investigate qualifications under Subdivision DA. Applications for bail after refusal require material change in circumstances under section 58DA(2). The Court must direct notice or publication before setting aside or varying inadmissibility orders under section 23CO. Comply with the overarching purpose by conducting proceedings efficiently and proportionately under section 37N(1), following Court or Judge directions on practice, time limits, witness numbers, written submissions and evidence under section 37P(2) and (3), and seeking leave where required for interlocutory appeals or amendments. In indictable primary proceedings, file indictments promptly, provide complete pre-trial disclosure notices meeting content requirements under sections 23CE to 23CG, respond to notices, and maintain ongoing disclosure until conviction or discharge under section 23CH. For bail, sign undertakings covering appearance and conditions, comply with security requirements, and notify address changes under section 58DE. Jurors and potential jurors must attend, complete questionnaires, comply with directions, and avoid prohibited inquiries, publications or solicitations, claiming reasonable excuse where applicable. Lawyers must provide cost estimates on request and bear personal costs orders without recovery from clients under section 37N(3) and (5). When seeking or opposing transfers under section 32AE, address interests of justice and local court allocation laws. Use video or audio links only where equipment and conditions are met under section 47C. For representative proceedings, fix opt-out dates, seek approval for settlement or discontinuance, and provide for damages distribution under sections 33J, 33V and 33Z. Apply for interest on judgments unless excluded categories apply under section 51A. Register arbitration awards and seek review only on questions of law where substantial cost savings may result under sections 53A and 53AB. Ensure formal defects do not cause substantial injustice under section 51. For jury panels under Subdivision DB, request State or Territory processes and pay arranged fees under sections 23DU and 23DY. For supplementation, direct or request selection from attendees, additional summonses or qualified bystanders, deeming selected persons included under section 23DZL. Exercise challenges after calling and before seating; accused may exercise four peremptory challenges plus one if more than 12 jurors under sections 23DZM and 23DZP. Order or direct continuation only with at least 10 jurors and conduct ballot to reduce additional jurors before retirement under sections 23EAC and 23EAD. Discharge jurors appearing not impartial, incapable or otherwise unsuitable under section 23EK. For bribery compliance, avoid any dishonest provision, offer or receipt of benefits intended to influence duties. In representative proceedings, describe or identify group members and common questions in originating process without naming individuals under section 33H(2); fix and notify opt-out dates; seek Court approval for settlement with just distribution orders under sections 33J and 33V. For funds, specify claims procedures, fix claims day at least six months ahead and provide for distribution under section 33ZA(3). Sign bail undertakings to appear, notify address changes and comply with conditions; third-party providers sign security undertakings under section 58DE. Request stays on bail orders within 48 hours and ensure appeals are dealt with quickly under section 58DD. File indictments within three months of committal or obtain extensions before expiry under section 23BF. Provide sequential pre-trial disclosure of outlines, statements, documents, expert reports and changes under sections 23CE to 23CH. Apply for suppression orders on specified necessity grounds, specifying information with particularity and duration under sections 37AF, 37AG, 37AH and 37AJ. For vexatious orders, demonstrate frequent institution or conduct of defined vexatious proceedings across Australian courts or tribunals under section 37AO(1). Registrars exercising powers must arrange Court hearing if application is inappropriate for Registrar determination under section 35A(7). All writs and process must bear the Court seal and authorised signature, including electronic under section 37(1). Applicants for leave to institute proceedings must file affidavits substantially complying with subsection 37AR(3) and listing all prior applications and relevant facts. Parties must conduct civil proceedings consistently with the overarching purpose under section 37M, including providing cost estimates on direction and complying with case management directions under section 37P. Assessors must take oaths or affirmations before duties commence, disclose conflicts to the Chief Justice and parties, and obtain consent before participating. Jurors and potential jurors must attend on summons, comply with directions, complete questionnaires accurately and avoid improper inquiries or disclosure of deliberations. Prosecutors must give notice of case outlines, witness statements, adverse information and relevant documents under section 23CE; accused must respond on issues, consents and expert reports under section 23CF; both must make ongoing disclosures under section 23CH. Accused seeking bail must apply with material change shown for re-applications and comply with undertakings and conditions. Representative parties must describe group members, common questions and claims in originating process, give opt-out notices as ordered and seek Court approval for settlements. Parties seeking interest must apply under section 51A. Judgment creditors must use enforcement remedies available under State or Territory Supreme Court laws. Parties referring to arbitration must consent; all alternative dispute resolution referrals must follow Rules of Court. Witnesses must attend, be sworn and answer questions or produce documents unless reasonable excuse applies. Officers must comply with Chief Justice directions on administrative affairs and corporate services. For pre-trial disclosure, parties must allow inspection where copies cannot be provided and delete or render illegible witness addresses where permitted. On appeals, parties must file within 28 days (extendable) and comply with evidence and submission rules. For suppression orders, specify grounds and information with particularity and limit duration to what is reasonably necessary.