Document ID: chunk:federal_register_of_legislation:C2005A00089:clause:1_33
Version: federal_register_of_legislation:C2005A00089
Segment Type: clause
Provision Reference: sch 1 cl 33
Character Range: 56628–57751

33  After subsection 39B(1E)
Insert:

Jurisdiction for certain writs that relate to civil proceedings

 (1EA) If:
 (a) a civil proceeding is before the Family Court of Australia, the Federal Magistrates Court or a court of a State or Territory; or
 (b) an appeal arising out of such a proceeding is before the Family Court of Australia or a court of a State or Territory;
the following apply:
 (c) the Federal Court of Australia does not have jurisdiction with respect to any matter in which a person who is or was a party to the proceeding seeks a writ of mandamus or prohibition or an injunction against an officer or officers of the Commonwealth in relation to a related civil proceeding decision;
 (d) the following court is invested with, or has conferred on it, jurisdiction with respect to any such matter:
 (i) if the civil proceeding or appeal is before the Family Court of Australia—that court; or
 (ii) if the civil proceeding is before the Federal Magistrates Court—that court; or
 (iii) if the civil proceeding or appeal is before a court of a State or Territory—the Supreme Court of the State or Territory.