1. The Federal Magistrates Court of Australia Practice & Procedure

2. General Federal Law - Jurisdiction IN ADMINISTRATIVE LAW: In matters under the Administrative Decisions (Judicial Review) Act 1997 (see ss. 5-8). This jurisdiction is limited and practitioners must have regard to the statute involved which may provide that an application cannot be made to the FMC; In matters under the Administrative Decisions (Judicial Review) Act 1997 (see ss. 5-8). This jurisdiction is limited and practitioners must have regard to the statute involved which may provide that an application cannot be made to the FMC; In appeals from the Administrative Appeals Tribunal remitted from the Federal Court (s. 44AA Administrative Appeals Tribunal Act 1975) In appeals from the Administrative Appeals Tribunal remitted from the Federal Court (s. 44AA Administrative Appeals Tribunal Act 1975)

3. General Federal Law - Jurisdiction In admiralty law in personam actions such as cargo claims, damage claims and seafarer’s wages (s. 9 Admiralty Act 1988). The court also enjoys jurisdiction in claims in rem when the proceeding is remitted from the Federal Court. In admiralty law in personam actions such as cargo claims, damage claims and seafarer’s wages (s. 9 Admiralty Act 1988). The court also enjoys jurisdiction in claims in rem when the proceeding is remitted from the Federal Court.

4. General Federal Law - Jurisdiction In bankruptcy all civil claims and matters under the Bankruptcy Act 1966 except those requiring jury trials under s.30(3) of the Act (s. 27 Bankruptcy Act provides that the FMC has concurrent jurisdiction with the Federal Court) In bankruptcy all civil claims and matters under the Bankruptcy Act 1966 except those requiring jury trials under s.30(3) of the Act (s. 27 Bankruptcy Act provides that the FMC has concurrent jurisdiction with the Federal Court)

5. General Federal Law - Jurisdiction In copyright civil claims and matters under Parts V (remedies and defences), VAA (broadcast decoding devices), IX (moral rights of authors of literary, dramatic, musical or artistic works in films) and Part XIA (performance protection) of the Copyright Act 1968, including claims for injunctions and damages for breach of copyright. Jurisdiction is conferred on the FMC by ss. 131D, 135ARA, 195AZC and 248MA respectively; In copyright civil claims and matters under Parts V (remedies and defences), VAA (broadcast decoding devices), IX (moral rights of authors of literary, dramatic, musical or artistic works in films) and Part XIA (performance protection) of the Copyright Act 1968, including claims for injunctions and damages for breach of copyright. Jurisdiction is conferred on the FMC by ss. 131D, 135ARA, 195AZC and 248MA respectively;

6. General Federal Law - Jurisdiction IN INDUSTRIAL LAW: IN INDUSTRIAL LAW: Matters under the Workplace Relations Act 1996, including unlawful termination claims; Matters under the Workplace Relations Act 1996, including unlawful termination claims; Breaches of the Australian Fair Pay and Conditions Standards, claims with respect to the business transmission rules, workplace agreements, right of entry and certain types of industrial action; Breaches of the Australian Fair Pay and Conditions Standards, claims with respect to the business transmission rules, workplace agreements, right of entry and certain types of industrial action; Matters arising under the Building and Construction Industry Improvement Act 2005 with respect to unfair contracts for services with respect to building work; Matters arising under the Building and Construction Industry Improvement Act 2005 with respect to unfair contracts for services with respect to building work; Matters arising under the Independent Contractors Act 2006, to review a contract for service to see if it is unfair or harsh. Matters arising under the Independent Contractors Act 2006, to review a contract for service to see if it is unfair or harsh.

7. General Federal Law - Jurisdiction In migration matters, for almost all first instance review of decisions of the Refugee Review Tribunal and Migration Review Tribunal and Administrative Appeals Tribunal; In migration matters, for almost all first instance review of decisions of the Refugee Review Tribunal and Migration Review Tribunal and Administrative Appeals Tribunal;

8. General Federal Law - Jurisdiction In enforcing determinations of the Privacy Commissioner and private sector adjudicators under the Privacy Act 1988 (s. 55A); In enforcing determinations of the Privacy Commissioner and private sector adjudicators under the Privacy Act 1988 (s. 55A);

9. General Federal Law - Jurisdiction Under the Trade Practices Act 1974 (s. 86(1A) and 86AA) with respect to claims under: Under the Trade Practices Act 1974 (s. 86(1A) and 86AA) with respect to claims under: Part IVA Part IVA Part IVB Part IVB Part V Part V Part VA Part VA The court can provide injunctive relief under s. 80 and damages under s 82 of up to $750,000 The court can provide injunctive relief under s. 80 and damages under s 82 of up to $750,000

10. General Federal Law - Jurisdiction In claims for unlawful discrimination under the Human Rights and Equal Opportunity Commissions Act 1986 (ss. 46PO) relating to complaints under: In claims for unlawful discrimination under the Human Rights and Equal Opportunity Commissions Act 1986 (ss. 46PO) relating to complaints under: Age Discrimination Act 2004 Age Discrimination Act 2004 Disability Discrimination Act 1992 Disability Discrimination Act 1992 Racial Discrimination Act 1975 Racial Discrimination Act 1975 Sex Discrimination Act 1984 Sex Discrimination Act 1984

11. General Federal Law - Jurisdiction In claims under the Do Not Call Register Act 2006 In claims under the Do Not Call Register Act 2006 In certain national security matters, including the issue of control orders. In certain national security matters, including the issue of control orders.

12. General Federal Law - Jurisdiction In its General Federal Law Jurisdiction the court’s business is allocated to specialist panels. In its General Federal Law Jurisdiction the court’s business is allocated to specialist panels. They are: Commercial Panel – TPA; Copyright; Bankruptcy Commercial Panel – TPA; Copyright; Bankruptcy Migration and Administrative Law Migration and Administrative Law Human Rights Human Rights Industrial Law Industrial Law National Security National Security Admiralty Admiralty Each panel is administered by a convenor who is responsible for urgent applications Each panel is administered by a convenor who is responsible for urgent applications

13. Federal Magistrates Act 1999 – Section 10 Jurisdiction Jurisdiction (1)The Federal Magistrates Court has such original jurisdiction as is vested in it by laws made by the Parliament: a)by express provision; or b)by the application of section 15C of the Acts Interpretation Act 1901 to a provision that, whether expressly or by implication, authorises a civil proceeding to be instituted in the Federal Magistrates Court in relation to a matter. (2)The original jurisdiction of the Federal Magistrates Court includes any jurisdiction vested in it to hear and determine appeals from decisions of persons, authorities or tribunals other than courts. (3)The process of the Federal Magistrates Court runs, and the judgments of the Federal Magistrates Court have effect and may be executed, throughout Australia.

14. The FMC MUST grant either absolutely or on terms and conditions as are just all remedies to which any party may be entitled in respect of legal or equitable claims such that all matters are finally determined. The FMC MUST grant either absolutely or on terms and conditions as are just all remedies to which any party may be entitled in respect of legal or equitable claims such that all matters are finally determined. FMC Act s.14

15. Specific Powers Specifically the FMC is empowered to: Specifically the FMC is empowered to: Make interlocutory orders Make interlocutory orders Issue writsFMC Act s.15 Issue writsFMC Act s.15 Make binding declarationsFMC Act s.16 Make binding declarationsFMC Act s.16 Punish for contemptFMC Act s.17 Punish for contemptFMC Act s.17 Deal with matters summarilyFMC Act s.17A Deal with matters summarilyFMC Act s.17A Make orders in respect of accrued Make orders in respect of accrued jurisdiction FMC Act s.18

16. FMC must proceed without undue formality and endeavour to ensure that proceedings are not protracted FMC Act s.42 FMC must proceed without undue formality and endeavour to ensure that proceedings are not protracted FMC Act s.42 Practice and procedure is to be in accordance with the Court rules Practice and procedure is to be in accordance with the Court rules FMC Act s.43(1) Representation ordinarily only permitted by lawyers Representation ordinarily only permitted by lawyers FMC Act s.44 Interrogation and discovery only by order Interrogation and discovery only by order FMC Act s.45 Where FMC rules are insufficient apply: Where FMC rules are insufficient apply: Rules of Court made under FLA; or Rules of Court made under FLA; or Rules of Court made under FCA Rules of Court made under FCA with appropriate modification FMC Act s.43(2)

17. Federal Magistrates Act 1999 Section 51: Limits on length of documents Section 51: Limits on length of documents (1)The Federal Magistrates Court or a Federal Magistrate may give directions about limiting the length of documents required or permitted to be filed in the Federal Magistrates Court. (2) Subsection (1) has effect subject to the Rules of Court. Section 55: Limits on the length of oral argument Section 55: Limits on the length of oral argument (1) The Federal Magistrates Court or a Federal Magistrate may give directions about limiting the time for oral argument in proceedings before the Federal Magistrates Court. (2) Subsection (1) has effect subject to the Rules of Court.

18. Federal Magistrates Act 1999 Section 56: Written Submissions Section 56: Written Submissions (1) The Federal Magistrates Court or a Federal Magistrate may give directions about the use of written submissions in proceedings before the Federal Magistrates Court. (2) The Federal Magistrates Court or a Federal Magistrate may give directions limiting the length of written submissions in proceedings before the Federal Magistrates Court. (3) Subsections (1) and (2) have effect subject to the Rules of Court. Section 62: Time limits on giving of testimony Section 62: Time limits on giving of testimony (1) The Federal Magistrates Court or a Federal Magistrate may give directions about limiting the time for the giving of testimony in proceedings before the Federal Magistrates Court. (2) Subsection (1) has effect subject to the Rules of Court.

19. Federal Magistrates Act 1999 Section 63: Federal Magistrates Court may question witness Section 63: Federal Magistrates Court may question witness (1) The Federal Magistrates Court may: (a) put a question to a person giving testimony in a proceeding if, in the opinion of the Federal Magistrates Court, the question is likely to assist in: (i) the resolution of a matter in dispute in the proceeding; or (ii) the expeditious and efficient conduct of the proceeding; and (b) require the person to answer the question. (2) Subsection (1) has effect subject to the Rules of Court. (3) This section has effect in addition to, and not instead of, any other powers that the Federal Magistrates Court may have to ask questions.

20. Federal Magistrates Act 1999 Section 64: Evidence may be given orally or by affidavit Section 64: Evidence may be given orally or by affidavit (1) Testimony in a proceeding in the Federal Magistrates Court is to be given orally or by affidavit. (2) However, the Federal Magistrates Court or a Federal Magistrate may: (a) direct that particular testimony is to be given orally; or (b) direct that particular testimony is to be given by affidavit. (3) Subsections (1) and (2) have effect subject to: (a) any other provision of this Act; and (b) the Rules of Court; and (c) any other law of the Commonwealth. Cross ‑ examination of person who makes an affidavit (4) If: (a) a person makes an affidavit; and (b) a party to a proceeding in the Federal Magistrates Court adduces, or proposes to adduce, evidence by the affidavit; a party to the proceeding may request the person to appear as a witness to be cross ‑ examined with respect to the matters in the affidavit. (5) Subsection (4) has effect subject to the Rules of Court. (6) If: (a) a request under subsection (4) is given to a person who has made an affidavit; and (b) the person does not appear as a witness to be cross ‑ examined with respect to the matters in the affidavit; the Federal Magistrates Court is to give the matters in the affidavit such weight as the Federal Magistrates Court thinks fit in the circumstances.

21. Federal Magistrates Court Rules 2001 Rule 1.05: Application Rule 1.05: Application (1)It is intended that the practice and procedure of the Federal Magistrates Court be governed principally by these Rules. (2)However, if in a particular case the Rules are insufficient or inappropriate, the Court may apply the Federal Court Rules or the Family Law Rules 2004 or the Family Law Rules 1984, in whole or part and modified or dispensed with, as necessary. (3)Without limiting subrule (2): (a)the provisions of the Family Law Rules set out in Part 1 of Schedule 3 apply, with necessary changes, to family law or child support proceedings; and (b)the provisions of the Federal Court Rules set out in Part 2 of Schedule 3 apply, with necessary changes, to general federal law proceedings.

22. Federal Magistrates Court Rules 2001 Rule 1.06: Court may dispense with rules Rule 1.06: Court may dispense with rules (1)The Court may in the interests of justice dispense with compliance, or full compliance, with any of these Rules at any time. (2)If, in a proceeding, the Court gives a direction or makes an order that is inconsistent with any of these Rules, the direction or order of the Court prevails in that proceeding.

23. Federal Magistrates Court Rules 2001 Rule 4.01: Application Rule 4.01: Application (1)Unless otherwise provided in these Rules, a proceeding must be started by filing an application in accordance with the form of application set out in Part 1 of Schedule 2. (2)An application for final orders may include an application for interim or procedural orders. (3)A person may not file an application for an interim or procedural order unless: (a)an application for final order has been made in the proceeding; or (b)the application includes an application for a final order. Rule 4.05: Affidavit to be filed with application or response Rule 4.05: Affidavit to be filed with application or response (1)A person filing an application or response, whether seeking final, interim or procedural orders, must also file an affidavit stating the facts relied on. (2)However, an application for interim or procedural orders may be filed without an affidavit if the evidence relied on is in an affidavit or affidavits filed in the pending proceedings.

24. “If you intend to impeach a witness you are bound, whilst he is in the box, give him an opportunity to make any explanation which is open to him; and, as it seems to me, that is not only a rule of professional practice in the conduct of a case, but it is essential to fair play and fair dealing with witnesses” There is no obligation to raise a matter: “where it is perfectly clear that [the witness] has had full notice beforehand that there is an intention to impeach the credibility of the story he is telling… All I am saying is that it will not do to impeach the credibility of a witness upon a matter on which he has not had any opportunity of giving an explanation by reason of there having been no suggestion whatever in the course of the case that his story is not accepted”

25. Allied Pastoral Holdings Pty Ltd v Federal Commissioner of Taxation [1983] 1 NSWLR 1 Raben Footwear Pty Ltd v Polygram Records Inc (1997) 75 FCR 88 Flower & Hart v White Industries (Qld) Pty Ltd [1999] FCA 773 West v Mead [2003] NSWSC 161