Jurisdiction
38 Jurisdiction
Federal and State courts
Jurisdiction is conferred on the Federal Circuit and Family Court of Australia (Division 2) in relation to civil matters arising under this Act.
In addition, State courts have jurisdiction in relation to civil and criminal matters arising under this Act (see subsections 39(2) and 68(2) of the Judiciary Act 1903), and the Federal Court of Australia has jurisdiction in relation to civil matters arising under this Act (see paragraph 39B(1A)(c) of the Judiciary Act 1903).
A provision of the Judiciary Act 1903 by which a court of a State is invested with federal jurisdiction has effect, in relation to matters arising under this Act, as if that jurisdiction were so invested without limitation as to locality (other than the limitation imposed by section 80 of the Constitution).
Each Local Court or Magistrates Court of a State has jurisdiction, to the extent that that jurisdiction is not otherwise invested with the Court by subsection 39(2) of the Judiciary Act 1903, to hear and determine applications made to the Court under Division 2 or 4 of Part 2 of this Act.
Territory courts
To the extent that the Constitution permits, jurisdiction is conferred on the courts of the Territories in relation to civil matters arising under this Act.
This Act’s bill:Explanatory memorandumSecond reading speech
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