Michael Keenan (Stirling, Liberal Party, Minister for Justice) Share this | Hansard source

I move:

That this bill be now read a second time.

The Federal Courts Legislation Amendment Bill 2014 will make minor, technical and uncontroversial amendments to improve the operation and clarity of the Federal Court of Australia Act 1976 and the Federal Circuit Court of Australia Act 1999.

The bill will also confer jurisdiction on the Federal Circuit Court of Australia to hear certain Commonwealth tenancy disputes. This is the most cost-effective and efficient forum to hear these disputes.

Federal Court of Australia Act amendments

The amendments to the Federal Court of Australia Act will clarify that appeals cannot be made from minor procedural decisions, such as decisions to change hearing dates. This will reduce delays in the court system to ensure more efficient administration of justice.

Additionally, the amendments will clarify that police officers and court sheriffs can use reasonable force to enter premises to execute an arrest warrant for persons who are the subject of proceedings for contempt of court or for summary offences. This resolves current uncertainty about whether officers can use reasonable force. There have been occasions when an arrest warrant has not been executed due to this uncertainty.

Federal Circuit Court of Australia Act amendments

The amendments will confer jurisdiction on the Federal Circuit Court of Australia to hear certain Commonwealth tenancy disputes. These amendments are vital in order to provide a suitable forum to hear these disputes.

At present, in most jurisdictions, the applicable law provides for Commonwealth tenancy disputes to be resolved in state or territory tribunals, which can lead to inconsistency of approach. While superior courts may also be able to hear these matters, it is not considered an appropriate use of these courts' resources as it may lengthen the dispute resolution process and increase costs. This means that there is currently no suitable or affordable forum to hear these disputes. Conferring jurisdiction on the Federal Circuit Court of Australia to hear these disputes provides a cost-effective option and will provide a consistent forum available across Australia.

Additionally, amendments to the Federal Circuit Court of Australia Act will clarify specific limitations on the award of costs prescribed in other legislation, such as public interest disclosure legislation. This will clarify the limitations on the Federal Circuit Court's jurisdiction to award costs and will assist readers to locate related provisions.

Conclusion

In conclusion, this bill will provide a more suitable and cost-effective forum for the resolution of certain Commonwealth tenancy disputes.

This bill will also improve the operation and clarity of the Federal Court of Australia Act and the Federal Circuit Court of Australia Act, which will contribute towards streamlining and reducing the complexity associated with navigating the justice system.

Debate adjourned.

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