Federal Courts (State Jurisdiction) Act 1999

i Federal Courts (State Jurisdiction) Act 1999 Act No. 54/1999 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purpose 1 2. Commencement 2 3. Definitions 2 4. Meaning of ineffective judgment 3 5. Act to bind the Crown 4 PART 2—RIGHTS AND LIABILITIES 5 6. Rights and liabilities declared in certain cases 5 7. Effect of declared rights and liabilities 5 8. Effect of things done or omitted to be done under or in relation to rights and liabilities 6 9. Section 6 regarded as having ceased to have effect in certain cases 7 10. Powers of Supreme Court in relation to declared rights and liabilities 8 11. Certain proceedings may be treated as proceedings in Supreme Court 9 12. Proceedings for contempt 10 13. Evidentiary 11 14. Act not to apply to certain judgments 11 PART 3—GENERAL 12 15. Jurisdiction of courts 12 16. Supreme Court—limitation of jurisdiction 12 17. Regulations 12 PART 4—AMENDMENT OF CERTAIN ACTS 13 18. Competition Policy Reform (Victoria) Act 1995 13 19. New Tax System Price Exploitation Code (Victoria) Act 1999 13 ═══════════════ NOTES 14 -- 1 of 15 -- 1 Federal Courts (State Jurisdiction) Act 1999† [Assented to 14 December 1999] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purpose The purpose of this Act is to provide that certain decisions of the Federal Court of Australia or the Family Court of Australia have effect for certain purposes as decisions of the Supreme Court and to make other provision relating to the jurisdiction of those courts. Victoria No. 54 of 1999 -- 2 of 15 -- Act No. 54/1999 Federal Courts (State Jurisdiction) Act 1999 2 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3. Definitions In this Act— "applied administrative law" means a law of the State applying a Commonwealth administrative law as a law of the State; "Commonwealth administrative law" means— (a) any of the following Acts of the Commonwealth— (i) Administrative Appeals Tribunal Act 1975; (ii) Administrative Decisions (Judicial Review) Act 1977; (iii) Freedom of Information Act 1982; (iv) Ombudsman Act 1976; (v) Privacy Act 1988; or (b) any of the regulations in force under any of those Acts; "federal court" means the Federal Court of Australia or the Family Court of Australia; "ineffective judgment" has the meaning given by section 4; "judgment" means a judgment, decree or order, whether final or interlocutory, or a sentence; "liability" includes a duty or obligation; "proceeding" includes an initiating application; s. 2 -- 3 of 15 -- Act No. 54/1999 Federal Courts (State Jurisdiction) Act 1999 3 "relevant State Act" means any of the following Acts— (a) Agricultural and Veterinary Chemicals (Victoria) Act 1994; (b) Competition Policy Reform (Victoria) Act 1995; (c) Corporations (Victoria) Act 1990; (d) Gas Pipelines Access (Victoria) Act 1998; (e) Jurisdiction of Courts (Cross- vesting) Act 1987; (f) National Crime Authority (State Provisions) Act 1984; (g) New Tax System Price Exploitation Code (Victoria) Act 1999; (h) a prescribed Act; "right" includes an interest or status; "State matter" means a matter— (a) in which the Supreme Court has jurisdiction otherwise than by reason of a law of the Commonwealth or of another State or a Territory; or (b) which has been removed to the Supreme Court under section 8 of the Jurisdiction of Courts (Cross- vesting) Act 1987; or (c) in respect of which a relevant State Act purports or purported to confer jurisdiction on a federal court; or (d) arising under or in respect of an applied administrative law. 4. Meaning of ineffective judgment s. 4 -- 4 of 15 -- Act No. 54/1999 Federal Courts (State Jurisdiction) Act 1999 4 (1) A reference in this Act to an "ineffective judgment" is a reference to a judgment of a federal court in a State matter given or recorded, before the commencement of this section, in the purported exercise of jurisdiction purporting to have been conferred on the federal court by a relevant State Act. (2) If— (a) a Full Court of the Federal Court of Australia in its appellate jurisdiction has purported to affirm, reverse or vary an ineffective judgment; or (b) a Full Court of the Family Court of Australia has purported to affirm, reverse or vary an ineffective judgment— a reference in this Act to the ineffective judgment is a reference to the ineffective judgment in the form in which, and to the extent to which, it purports or purported to have effect from time to time. 5. Act to bind the Crown This Act binds the Crown in right of the State of Victoria and, to the extent to which the power of the Parliament permits, the Crown in all its other capacities. _______________ -- 5 of 15 -- Act No. 54/1999 Federal Courts (State Jurisdiction) Act 1999 5 PART 2—RIGHTS AND LIABILITIES 6. Rights and liabilities declared in certain cases The rights and liabilities of all persons are, by force of this Act, declared to be, and always to have been, the same as if— (a) each ineffective judgment of— (i) the Federal Court of Australia, otherwise than as a Full Court of the Federal Court of Australia; or (ii) the Family Court of Australia, otherwise than as a Full Court of the Family Court of Australia— had been a valid judgment of the Supreme Court or, in the case of an ineffective judgment given or recorded on or after 7 June 1995, of the Trial Division of the Supreme Court; and (b) each ineffective judgment of— (i) a Full Court of the Federal Court of Australia; or (ii) a Full Court of the Family Court of Australia— had been a valid judgment of the Full Court of the Supreme Court or, in the case of an ineffective judgment given or recorded on or after 7 June 1995, of the Court of Appeal. 7. Effect of declared rights and liabilities (1) A right or liability conferred, imposed or affected by section 6— (a) is exercisable or enforceable; and s. 6 -- 6 of 15 -- Act No. 54/1999 Federal Courts (State Jurisdiction) Act 1999 6 (b) is to be regarded as always having been exercisable or enforceable— as if it were a right or liability conferred, imposed or affected by a valid judgment of the Supreme Court. (2) Without limiting section 6 or sub-section (1) of this section, the rights and liabilities conferred, imposed or affected by section 6 include the right of a person who was a party to the proceeding or purported proceeding in which the ineffective judgment was given or recorded to appeal against that judgment. (3) For the purposes of sub-section (2), each ineffective judgment of— (a) the Federal Court of Australia, otherwise than as a Full Court of the Federal Court of Australia; or (b) the Family Court of Australia, otherwise than as a Full Court of the Family Court of Australia— is deemed to be a valid judgment of the Trial Division of the Supreme Court. 8. Effect of things done or omitted to be done under or in relation to rights and liabilities (1) Any act or thing done or omitted to be done before or after the commencement of this section under or in relation to a right or liability conferred, imposed or affected by section 6— (a) has the same effect, and gives rise to the same consequences, for the purposes of any written or other law; and (b) is to be regarded as always having had the same effect, and given rise to the same s. 8 -- 7 of 15 -- Act No. 54/1999 Federal Courts (State Jurisdiction) Act 1999 7 consequences, for the purposes of any written or other law— as if it were done, or omitted to be done, to give effect to, or under the authority of, or in reliance on, a valid judgment of the Supreme Court. (2) For the purposes of an enforcement law, any act or thing done or omitted to be done before or after the commencement of this section gives rise to the same consequences, and is to be regarded as always having given rise to the same consequences, as if each ineffective judgment were a valid judgment of the Supreme Court given in or in relation to the proceeding in or in relation to which the ineffective judgment was given or recorded. (3) In this section— "enforcement law" means a provision of a law (other than a law relating to contempt of court) that sets out a consequence for a person if the person— (a) contravenes; or (b) acts in a specified way while there is in force— a judgment, or a particular kind of judgment, given by a court. 9. Section 6 regarded as having ceased to have effect in certain cases (1) If— (a) before the commencement of this section, a court gave or recorded an ineffective judgment ("the new judgment") on the basis that an earlier ineffective judgment ("the earlier judgment") was or might be of no effect; and s. 9 -- 8 of 15 -- Act No. 54/1999 Federal Courts (State Jurisdiction) Act 1999 8 (b) the new judgment replaced the earlier judgment— section 6 has no effect in respect of the earlier judgment. (2) For the purposes of sub-section (1)(b), the new judgment replaced the earlier judgment if the new judgment— (a) purportedly conferred or imposed rights or liabilities similar to or different from those purportedly conferred or imposed by the earlier judgment; or (b) purportedly affected rights or liabilities in a way similar to or different from the way in which they were purportedly affected by the earlier judgment. 10. Powers of Supreme Court in relation to declared rights and liabilities (1) The Supreme Court may vary, revoke, set aside, revive or suspend a right or liability conferred, imposed or affected by section 6 as if it were a right or liability validly conferred, imposed or affected by the Supreme Court in or in relation to proceedings of the kind in or in relation to which the ineffective judgment was given or recorded. (2) In addition to its powers under sub-section (1), the Supreme Court also has power to give a judgment achieving any other result that could have been achieved if— (a) the ineffective judgment had been a valid judgment of the Supreme Court given in or in relation to proceedings of the kind in or in relation to which the ineffective judgment was given or recorded; and (b) the Supreme Court had been considering whether— s. 10 -- 9 of 15 -- Act No. 54/1999 Federal Courts (State Jurisdiction) Act 1999 9 (i) to vary, revoke, set aside, revive or suspend that judgment; or (ii) to extend the time for the doing of any thing; or (iii) to grant a stay of proceedings. 11. Certain proceedings may be treated as proceedings in Supreme Court (1) In this section— "limitation law" means— (a) the Limitation of Actions Act 1958; (b) any other law that provides for the limitation or exclusion of liability or the barring of a right of action in respect of a claim by reference to the time when a proceeding on, or the arbitration of, the claim is commenced; "relevant order" means— (a) an order of a federal court, whether made before or after the commencement of this section, dismissing, striking out or staying a proceeding relating to a State matter for want of jurisdiction; or (b) a declaration by a federal court, whether made before or after the commencement of this section, that it has no jurisdiction to hear and determine a proceeding relating to a State matter; or (c) any other decision or determination by a federal court, whether made before or after the commencement of this section, that it has no jurisdiction to hear and s. 11 -- 10 of 15 -- Act No. 54/1999 Federal Courts (State Jurisdiction) Act 1999 10 determine a proceeding relating to a State matter. (2) A person who was a party to a proceeding in which a relevant order is made may apply to the Supreme Court for an order that the proceeding be treated as a proceeding in the Supreme Court and the Supreme Court may make such an order. (3) If the Supreme Court makes an order under sub- section (2), the proceeding, despite the relevant order— (a) becomes, and must be recorded by the Supreme Court as, a proceeding in the Supreme Court; and (b) for the purposes of any limitation law and for all other purposes, is deemed to have been brought in the Supreme Court on the day on which the proceeding was first recorded as a proceeding in the federal court. (4) The Supreme Court may make such ancillary orders in relation to an order under sub-section (2) as it considers necessary for the purposes of the proceeding being treated as, becoming and being recorded as, a proceeding in the Supreme Court. 12. Proceedings for contempt If, before or after the commencement of this section, a person has— (a) interfered with a right conferred or affected by section 6; or (b) failed to satisfy or comply with a liability imposed or affected by section 6— the interference or failure is, and is deemed always to have been, a matter that can be dealt with in the same manner as if the interference or failure had been in relation to a right conferred or s. 12 -- 11 of 15 -- Act No. 54/1999 Federal Courts (State Jurisdiction) Act 1999 11 affected, or a liability imposed or affected, by an order of the Supreme Court. 13. Evidentiary A federal court record, or a copy of a federal court record, of an ineffective judgment may be adduced in evidence to show the existence, nature and extent of each right or liability conferred, imposed or affected by section 6. 14. Act not to apply to certain judgments Nothing in this Act applies to— (a) a judgment given or recorded by the Federal Court of Australia that has been declared to be invalid, or has been quashed or overruled, by a Full Court of the Federal Court of Australia before the commencement of this section (otherwise than on the ground that the Court had no jurisdiction); or (b) a judgment given or recorded by the Family Court of Australia that has been declared to be invalid, or has been quashed or overruled, by a Full Court of the Family Court of Australia before the commencement of this section (otherwise than on the ground that the Court had no jurisdiction). _______________ s. 13 -- 12 of 15 -- Act No. 54/1999 Federal Courts (State Jurisdiction) Act 1999 12 PART 3—GENERAL 15. Jurisdiction of courts (1) Any provision of a relevant State law that purports to confer jurisdiction on a federal court is taken not to have that effect. (2) Any provision of a law applied by a relevant State Act that excludes or limits the jurisdiction of any or all State courts is taken not to have that effect. (3) This section does not operate— (a) so as to prevent a federal court from exercising jurisdiction (such as accrued jurisdiction) in connection with a relevant State law to the extent to which, but for sub- section (1), that court could validly do so; or (b) so as to prevent a relevant State law from conferring jurisdiction on a federal court to the extent to which, but for sub-section (1), an Act could validly do so. (4) In this section, "relevant State law" means a relevant State Act, or a law as applied by a relevant State Act, and includes a Commonwealth administrative law. 16. Supreme Court—limitation of jurisdiction It is the intention of Part 2 to alter or vary section 85 of the Constitution Act 1975. 17. Regulations The Governor in Council may make regulations for or with respect to any matter or thing required or permitted to be prescribed or necessary to be prescribed to give effect to this Act. _______________ s. 15 -- 13 of 15 -- Act No. 54/1999 Federal Courts (State Jurisdiction) Act 1999 13 PART 4—AMENDMENT OF CERTAIN ACTS 18. Competition Policy Reform (Victoria) Act 1995 Sections 21, 22 and 38 of the Competition Policy Reform (Victoria) Act 1995 are repealed. 19. New Tax System Price Exploitation Code (Victoria) Act 1999 Sections 21, 22 and 38 of the New Tax System Price Exploitation Code (Victoria) Act 1999 are repealed. ═══════════════ s. 18 No. 74/1995. Amended by No. 43/1999. No. 43/1999. -- 14 of 15 -- Act No. 54/1999 Federal Courts (State Jurisdiction) Act 1999 14 NOTES † Minister's second reading speech— Legislative Council: 10 November 1999 Legislative Assembly: 25 November 1999 The long title for the Bill for this Act was "relating to the ineffective conferral of jurisdiction on the Federal Court of Australia and the Family Court of Australia with respect to certain matters, to amend the Competition Policy Reform (Victoria) Act 1995 and the New Tax System Price Exploitation Code (Victoria) Act 1999 and for other purposes." Constitution Act 1975: Section 85(5) statement: Legislative Council: 10 November 1999 Legislative Assembly: 25 November 1999 Absolute majorities: Legislative Council: 24 November 1999 Legislative Assembly: 8 December 1999 Notes -- 15 of 15 --