2002

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

HOUSE OF REPRESENTATIVES

JURISDICTION OF COURTS LEGISLATION AMENDMENT BILL 2002

SUPPLEMENTARY EXPLANATORY MEMORANDUM

Amendments to be moved on Behalf of the Government

(Circulated by the authority of the Attorney-General,

the Honourable Daryl Williams AM QC MP)

AMENDMENTS TO THE JURISDICTION OF COURTS LEGISLATION AMENDMENT BILL 2002

OUTLINE OF AMENDMENTS

The Jurisdiction of Courts Legislation Amendment Bill 2002 will amend the Federal Court of Australia Act 1976 and the Judiciary Act 1903 to allow the Australian Capital Territory (ACT) to establish an ACT Court of Appeal.  These amendments are in Schedule 1 of the Bill.  Schedule 2 makes amendments to the Federal Court of Australia Act 1976 to abolish the redundant office of judicial registrar and to make some changes to the practices and procedures of the Federal Court. 

Proposed amendment 1 deletes item 10 of Schedule 2 of the Bill.  Proposed amendment 2 makes a consequential amendment to the application provisions of the Bill.

Subsection 24(1A) of the Federal Court Act provides that an appeal shall not be brought from an interlocutory judgment unless the Court gives leave to appeal. The Federal Court requested that subsection 24(1A) be amended to provide greater certainty in relation to appeals from interlocutory judgments so that the types of interlocutory judgments could be specified by Rules of Court.  Item 10 of Schedule 2 of the Bill contains the amendment to section 24(1A).  The Federal Court subsequently requested that the amendment not proceed.  Accordingly, proposed amendment 1 deletes the amendment to section 24(1A).

FINANCIAL IMPACT STATEMENT

The amendments to the Bill will not have a significant financial impact.

NOTES ON AMENDMENTS

Amendment 1

1.       This amendment deletes the proposed amendment to subsection 24(1A) of the Federal Court Act as it is no longer required.

Amendment 2

2.       This amendment makes a consequential amendment to the application provisions.