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FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 340

Exercise of Court's original jurisdiction

  (1)   The jurisdiction of the Federal Court under this Act is to be exercised by a Full Court in relation to:

  (a)   matters in relation to which applications are made to the Court under section   28 (cancellation of registration); and

  (aa)   matters in relation to which applications are made to the Court under subsection   109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and

  (ab)   matters in relation to which applications are made to the Court under subsection   118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and

  (ac)   matters in relation to which applications are made to the Court under subsection   125(1) (resolving difficulties in relation to application of Part   3 of Chapter   3 to a matter); and

  (ad)   matters in relation to which applications are made to the Court under subsection   128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and

  (ae)   matters in relation to which applications are made to the Court under subsection   129(1) (invalidity in proposed or completed withdrawal from amalgamation); and

  (b)   matters in which a writ of mandamus or prohibition or an injunction is sought against:

  (i)   the President, a Vice President or a Deputy President; or

  (ii)   officers of the Commonwealth at least one of whom is the President, a Vice President or a Deputy President.

  (2)   Subsection   (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.

  (3)   Subsection   (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:

  (a)   join or remove a party; or

  (b)   make an order (including an order for costs) by consent disposing of a matter; or

  (c)   make an order that a matter be dismissed for want of prosecution; or

  (d)   make an order that a matter be dismissed for:

  (i)   failure to comply with a direction of the Court; or

  (ii)   failure of the applicant to attend a hearing relating to the matter; or

  (e)   vary or set aside an order under paragraph   (c) or (d); or

  (f)   give directions about the conduct of a matter, including directions about:

  (i)   the use of written submissions; and

  (ii)   limiting the time for oral argument.

  (4)   The Rules of Court may make provision enabling the powers mentioned in subsection   (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.

  (5)   This section applies in addition to, and does not affect the operation of, section   339A.



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