Document ID: chunk:federal_register_of_legislation:C2023C00038:section:4
Version: federal_register_of_legislation:C2023C00038
Segment Type: section
Provision Reference: s 4
Character Range: 7106–9517

4  Additional jurisdiction of certain courts
 (1) Where:
 (a) the Federal Court or the Federal Circuit and Family Court of Australia (Division 1) has jurisdiction with respect to a civil matter, whether that jurisdiction was or is conferred before or after the commencement of this Act; and
 (b) the Supreme Court of a State or Territory would not, apart from this section, have jurisdiction with respect to that matter;
then:
 (c) in the case of the Supreme Court of a State (other than the Supreme Court of the Australian Capital Territory and the Supreme Court of the Northern Territory)—that court is invested with federal jurisdiction with respect to that matter; or
 (d) in the case of the Supreme Court of a Territory (including the Australian Capital Territory and the Northern Territory)—jurisdiction is conferred on that court with respect to that matter.
 (2) Where:
 (a) the Supreme Court of a Territory has jurisdiction with respect to a civil matter, whether that jurisdiction was or is conferred before or after the commencement of this Act; and
 (b) the Federal Court, the Federal Circuit and Family Court of Australia (Division 1) or the Supreme Court of a State or of another Territory would not, apart from this section, have jurisdiction with respect to that matter;
jurisdiction is conferred on the court referred to in paragraph (b) with respect to that matter.
 (3) Where a proceeding is transferred to the Federal Court, the Federal Circuit and Family Court of Australia (Division 1) or a State Family Court of a State, that court has, by virtue of this subsection, jurisdiction with respect to so many of the matters for determination in the proceeding as that court would not have apart from this subsection.
 (4) This section does not apply to a matter arising under:
 (a) the Conciliation and Arbitration Act 1904; or
 (ab) the Fair Work Act 2009; or
 (aba) the Federal Safety Commissioner Act 2022; or
 (ac) the Fair Work (Registered Organisations) Act 2009; or
 (ad) the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009; or
 (b) the Workplace Relations Act 1996; or
 (ba) the Native Title Act 1993; or
 (c) section 45D, 45DA, 45DB, 45E, 45EA,46A, 155A or 155B of the Competition and Consumer Act 2010; or
 (d) a provision of Part VI or XII of the Competition and Consumer Act 2010 so far as the provision relates to section 46A, 155A or 155B of that Act.