

- Title
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) BILL 2000
Second Reading
- Database
Senate Hansard
- Date
30-11-2000
- Source
Senate
- Parl No.
39
- Electorate
South Australia
- Interjector
- Page
20255
- Party
ALP
- Presenter
- Status
Final
- Question No.
- Questioner
- Responder
- Speaker
Bolkus, Sen Nick
- Stage
Second Reading
- Type
- Context
Bills
- System Id
chamber/hansards/2000-11-30/0080


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-
Hansard
- Start of Business
- PETITIONS
- NOTICES
- BUSINESS
- COMMITTEES
- BUSINESS
- INDONESIA: REGIONAL CONFLICT
- BUDGET 2000-01
- COMMITTEES
- BILLS RETURNED FROM THE HOUSE OF REPRESENTATIVES
- INTERNATIONAL MONETARY AGREEMENTS AMENDMENT BILL (NO. 1) 2000
- COMMITTEES
-
HORTICULTURE MARKETING AND RESEARCH AND DEVELOPMENT SERVICES (REPEALS AND CONSEQUENTIAL PROVISIONS) BILL 2000
-
In Committee
- Forshaw, Sen Michael
- Troeth, Sen Judith
- Harris, Sen Len
- Troeth, Sen Judith
- Harris, Sen Len
- Troeth, Sen Judith
- O'Brien, Sen Kerry
- Forshaw, Sen Michael
- Harris, Sen Len
- Forshaw, Sen Michael
- O'Brien, Sen Kerry
- Harris, Sen Len
- Troeth, Sen Judith
- Harris, Sen Len
- Troeth, Sen Judith
- Harris, Sen Len
- Forshaw, Sen Michael
- Woodley, Sen John
- Harris, Sen Len
- Troeth, Sen Judith
- Third Reading
-
In Committee
- STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) BILL 2000
- VETERANS' AFFAIRS LEGISLATION AMENDMENT (BUDGET MEASURES) BILL 2000
- JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) BILL 2000
- FARM HOUSEHOLD SUPPORT AMENDMENT BILL 2000
- TELECOMMUNICATIONS LEGISLATION AMENDMENT BILL 2000
- PRIVACY AMENDMENT (PRIVATE SECTOR) BILL 2000
-
QUESTIONS WITHOUT NOTICE
-
Vocational Education and Training: Funding
(Carr, Sen Kim, Ellison, Sen Chris) -
Economy: Performance
(Watson, Sen John, Kemp, Sen Rod) -
Aged Care Facilities: Accreditation
(West, Sen Sue, Herron, Sen John) -
Supported Accommodation Assistance Program: Annual Report
(Knowles, Sen Susan, Newman, Sen Jocelyn) -
European High Quality Beef Quotas
(Forshaw, Sen Michael, Alston, Sen Richard) -
Detention Centres: Detainee Treatment
(Bartlett, Sen Andrew, Vanstone, Sen Amanda) -
Private Health Insurance
(Denman, Sen Kay, Herron, Sen John) -
Magnesium: Process Technology
(Chapman, Sen Grant, Minchin, Sen Nick) -
Australian Taxation Office: Company Audits
(Cook, Sen Peter, Kemp, Sen Rod) -
West Papua: Independence
(Bourne, Sen Vicki, Hill, Sen Robert) -
Dairy Industry: Deregulation
(O'Brien, Sen Kerry, Alston, Sen Richard) -
Extradition Detainees
(Greig, Sen Brian, Vanstone, Sen Amanda) -
Correctional Facilities: Privatisation
(McKiernan, Sen Jim, Vanstone, Sen Amanda)
-
Vocational Education and Training: Funding
- ANSWERS TO QUESTIONS WITHOUT NOTICE
- ANSWERS TO QUESTIONS ON NOTICE
- ANSWERS TO QUESTIONS WITHOUT NOTICE
- COMMITTEES
- DOCUMENTS
- COMMITTEES
- VETERANS' AFFAIRS LEGISLATION AMENDMENT (BUDGET MEASURES) BILL 2000
- FINANCIAL SECTOR LEGISLATION AMENDMENT BILL (NO. 1) 2000
-
PRIVACY AMENDMENT (PRIVATE SECTOR) BILL 2000
-
In Committee
- Lundy, Sen Kate
- Bolkus, Sen Nick
- Stott Despoja, Sen Natasha
- Vanstone, Sen Amanda
- Stott Despoja, Sen Natasha
- Bolkus, Sen Nick
- Vanstone, Sen Amanda
- Bolkus, Sen Nick
- Stott Despoja, Sen Natasha
- Bolkus, Sen Nick
- Stott Despoja, Sen Natasha
- Vanstone, Sen Amanda
- Bolkus, Sen Nick
- Stott Despoja, Sen Natasha
- Vanstone, Sen Amanda
- Bolkus, Sen Nick
- Stott Despoja, Sen Natasha
- Stott Despoja, Sen Natasha
- Bolkus, Sen Nick
- Vanstone, Sen Amanda
- Stott Despoja, Sen Natasha
- Division
- Procedural Text
- Bolkus, Sen Nick
- Stott Despoja, Sen Natasha
- Bolkus, Sen Nick
- Stott Despoja, Sen Natasha
- Vanstone, Sen Amanda
- Bolkus, Sen Nick
- Stott Despoja, Sen Natasha
- Bolkus, Sen Nick
- Stott Despoja, Sen Natasha
- Bolkus, Sen Nick
- Vanstone, Sen Amanda
- Third Reading
-
In Committee
- COMMITTEES
-
AUSTRALIAN RESEARCH COUNCIL BILL 2000
AUSTRALIAN RESEARCH COUNCIL (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) BILL 2000 -
GENE TECHNOLOGY BILL 2000
GENE TECHNOLOGY (CONSEQUENTIAL AMENDMENTS) BILL 2000
GENE TECHNOLOGY (LICENCE CHARGES) BILL 2000 - AUSTRALIAN RESEARCH COUNCIL BILL 2000
- AUSTRALIAN RESEARCH COUNCIL (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) BILL 2000
-
EDUCATION SERVICES FOR OVERSEAS STUDENTS BILL 2000
EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION CHARGES) AMENDMENT BILL 2000
EDUCATION SERVICES FOR OVERSEAS STUDENTS (CONSEQUENTIAL AND TRANSITIONAL) BILL 2000
MIGRATION LEGISLATION AMENDMENT (OVERSEAS STUDENTS) BILL 2000 - GENE TECHNOLOGY BILL 2000
-
GENE TECHNOLOGY (CONSEQUENTIAL AMENDMENTS) BILL 2000
GENE TECHNOLOGY (LICENCE CHARGES) BILL 2000 - ADJOURNMENT
- DOCUMENTS
-
QUESTIONS ON NOTICE
-
Telstra: Launceston Taxis
(Brown, Sen Bob, Alston, Sen Richard) -
Department of the Treasury: New Tax System Consultants
(Faulkner, Sen John, Kemp, Sen Rod) -
Goods and Services Tax: Australian Business Number
(Brown, Sen Bob, Kemp, Sen Rod) -
Charitable Organisations: Inquiry
(Brown, Sen Bob, Kemp, Sen Rod) -
Australian Taxation Office: Computer Software
(Brown, Sen Bob, Kemp, Sen Rod) -
Launceston Environment Centre: Funding
(Brown, Sen Bob, Hill, Sen Robert) -
Department of the Prime Minister and Cabinet: Value of Corporate Services
(Faulkner, Sen John, Hill, Sen Robert) -
Department of the Treasury: Value of Corporate Services
(Faulkner, Sen John, Kemp, Sen Rod) -
Department of the Treasury: Public Opinion Research
(Faulkner, Sen John, Kemp, Sen Rod) -
Department of Defence: Public Opinion Research
(Faulkner, Sen John, Newman, Sen Jocelyn) -
Civil Aviation Safety Authority: Airline Audits
(O'Brien, Sen Kerry, Macdonald, Sen Ian) -
Airservices Australia: Staff Benefits
(O'Brien, Sen Kerry, Macdonald, Sen Ian) -
Attorney-General's Department: Telephone Services
(Forshaw, Sen Michael, Vanstone, Sen Amanda) -
Sydney (Kingsford Smith) Airport: Power Failure
(O'Brien, Sen Kerry, Macdonald, Sen Ian) -
Stanbroke Pastoral Company: Native Vegetation
(Brown, Sen Bob, Hill, Sen Robert) -
Agriculture: New Zealand Apples
(O'Brien, Sen Kerry, Alston, Sen Richard) -
Agriculture: New Zealand Apples
(O'Brien, Sen Kerry, Alston, Sen Richard) -
Petroleum Products: Excise
(Cook, Sen Peter, Kemp, Sen Rod) -
Indian Ocean Islands Air Service: Contract Providers
(Mackay, Sen Sue, Macdonald, Sen Ian) -
Forestry Tasmania: Tourism Grants
(Brown, Sen Bob, Minchin, Sen Nick) -
Department of the Prime Minister and Cabinet: Unauthorised Computer Access
(O'Brien, Sen Kerry, Hill, Sen Robert) -
Department of Industry, Science and Resources: Unauthorised Computer Access
(O'Brien, Sen Kerry, Minchin, Sen Nick) -
Department of Veterans' Affairs: Unauthorised Computer Access
(O'Brien, Sen Kerry, Newman, Sen Jocelyn) -
Department of Industry, Science and Resources: Unauthorised Computer Access
(O'Brien, Sen Kerry, Minchin, Sen Nick) -
Natural Heritage Trust: Funding
(Brown, Sen Bob, Alston, Sen Richard) -
Derby Tidal Power Scheme: Funding
(Brown, Sen Bob, Hill, Sen Robert) -
Australian Federal Police: World Economic Forum
(Allison, Sen Lyn, Vanstone, Sen Amanda) -
Taxation Data
(Brown, Sen Bob, Kemp, Sen Rod) -
Australia Post: Emergency Procedures
(Hutchins, Sen Steve, Alston, Sen Richard) -
Department of the Environment and Heritage: Motor Vehicle Fuel Expenditure
(Cook, Sen Peter, Hill, Sen Robert) -
Department of Finance and Administration: Motor Vehicle Fuel Expenditure
(Cook, Sen Peter, Ellison, Sen Chris) -
Department of Education, Training and Youth Affairs: Motor Vehicle Fuel Expenditure
(Cook, Sen Peter, Ellison, Sen Chris) -
Department of Immigration and Multicultural Affairs: Motor Vehicle Fuel Expenditure
(Cook, Sen Peter, Vanstone, Sen Amanda) -
Northern Territory: Rural Communities Program Funding
(Crossin, Sen Trish, Macdonald, Sen Ian) -
Antarctic Air Transport: Compressed Snow Runway
(Brown, Sen Bob, Hill, Sen Robert) -
Commonwealth Funds Management: Indooroopilly Shoppingtown
(Conroy, Sen Stephen, Ellison, Sen Chris)
-
Telstra: Launceston Taxis
Page: 20255
Senator BOLKUS (12:45 PM)
—The opposition supports this legislation. The Jurisdiction of Courts (Miscellaneous Amendments) Bill 2000 is required to rectify defects in the establishment of the Federal Magistrates Service. It clarifies the jurisdiction of the Federal Court and the Magistrates Service with respect to applications under the Administrative Decisions (Judicial Review) Act 1977 and the jurisdiction of the Federal Magistrates Service in matrimonial causes under the Family Law Act 1975. More specifically, it states that the Federal Court has jurisdiction to hear applications under the Administrative Decisions (Judicial Review) Act 1977 that are transferred to it by the Federal Magistrates Service, and that the Federal Magistrates Service has jurisdiction to hear such applications that are transferred to it by the Federal Court. It also clarifies that it is in the jurisdiction of the Magistrates Service to hear matrimonial causes transferred to it by the Family Court.
The bill is intended to resolve uncertainty about the effectiveness of the conferral of administrative review jurisdiction and proceedings transferred between the courts. Further, the bill is needed to put beyond doubt the matrimonial causes jurisdiction of the Federal Magistrates Service in transferred proceedings. We understand that the government has received advice from the Solicitor General that there is some uncertainty in respect of the effectiveness of judgments made in cases that the Federal Magistrates Service has already heard in these jurisdictions. Accordingly, the bill validates any judgments made without jurisdiction by the Federal Magistrates Service in such kinds of matters. This approach has been adopted in the past to deal with potentially ineffective judgments, and it is an approach that has been approved by the High Court.
Under the Trade Practices Act 1974, the Federal Magistrates Service can only award damages of up to a monetary limit of $200,000 or such other amount as is prescribed in respect of proceedings instituted in the court. Whilst the initial intention was for this limitation to apply to all trade practices proceedings before the service, some doubt has emerged as to whether the limit applies to proceedings transferred to the service by the Federal Court. Amendment is therefore needed to clarify this.
Essentially, these amendments are technical and clarificatory in nature. While Labor continue to have reservations about the policy underlying the creation of the Federal Magistrates Service—and we have consistently argued that it would have been simpler and more effective to build a magistrate level of justice into the existing structures of the Federal Court and the Family Court—there is no doubt that these amendments are necessary to resolve uncertainties about the nature of the jurisdiction exercised by the Magistrates Service. Accordingly, we support the bill.