Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document

 Download WordDownload Word  Download PDFDownload PDF 

Bill home page
Table Of Contents
Previous Fragment    Next Fragment
Designs Bill 2003

Part 2 Jurisdiction


83   Jurisdiction of Federal Court

             (1)  The Federal Court has jurisdiction with respect to matters arising under this Act.

             (2)  The jurisdiction of the Federal Court to hear and determine appeals from decisions of the Registrar is exclusive of the jurisdiction of any other court (other than the jurisdiction of the High Court under section 75 of the Constitution).

             (3)  A prosecution for an offence against this Act must not be brought in the Federal Court.

84   Jurisdiction of other prescribed courts

             (1)  Each prescribed court other than the Federal Court has jurisdiction in respect of matters arising under this Act in relation to which proceedings may be brought in a prescribed court.

             (2)  The jurisdiction conferred by subsection (1) on the Supreme Court of a Territory is as follows:

                     (a)  the jurisdiction is conferred to the extent that the Constitution permits so far as it relates to:

                              (i)  infringement proceedings; or

                             (ii)  an application for revocation of registration of a design because of section 74; and

                     (b)  in any other case, the jurisdiction is conferred only in relation to proceedings instituted by:

                              (i)  a natural person who is resident in the Territory at the time the proceedings are brought; or

                             (ii)  a corporation that has its principal place of business in the Territory at the time the proceedings are brought.

85   Exercise of jurisdiction

                   The jurisdiction of a prescribed court under section 83 or 84 is to be exercised by a single judge.

86   Transfer of proceedings etc.

             (1)  A court in which proceedings have been brought under this Act may transfer the proceedings to another prescribed court having jurisdiction to hear and determine the proceedings:

                     (a)  if the court thinks fit; and

                     (b)  upon application of a party made at any stage in the proceedings.

             (2)  If proceedings are transferred from one court to another court under this section:

                     (a)  all documents of record relevant to the proceedings are to be sent to the Registrar or other appropriate officer of the other court; and

                     (b)  the other court must proceed as if:

                              (i)  the proceedings had been started in that court; and

                             (ii)  the same steps in the proceedings had been taken in that court as had been taken in the transferring court.

87   Appeals

             (1)  An appeal lies to the Federal Court from a judgment or order of:

                     (a)  another prescribed court exercising jurisdiction under this Act; or

                     (b)  any other court in a proceeding referred to in section 73 or 77.

             (2)  An appeal does not lie to the full court of the Federal Court from a judgment or order of a single judge of the Federal Court, in the exercise of its jurisdiction to hear and determine appeals from decisions of the Registrar, other than with the leave of the Federal Court.

             (3)  An appeal lies to the High Court, with special leave of the High Court, from a judgment or order referred to in subsection (1).

             (4)  No appeal lies from a judgment or order referred to in subsection (1), except as provided by this section.

88   Powers of Federal Court on hearing an appeal

                   On hearing an appeal against a decision or direction of the Registrar, the Federal Court may do any one or more of the following:

                     (a)  admit further evidence orally, or on affidavit or otherwise;

                     (b)  permit the examination and cross-examination of witnesses (including witnesses who gave evidence before the Registrar);

                     (c)  order an issue of fact to be tried as it directs;

                     (d)  affirm, reverse or vary the Registrar’s decision or direction;

                     (e)  give any judgment, or make any order, that, in all the circumstances, it thinks fit;

                      (f)  order a party to pay costs to another party.

89   Registrar may appear in appeals

                   The Registrar may appear and be heard at the hearing of an appeal to the Federal Court against a decision or direction of the Registrar, even if the Registrar is not a party to the appeal.