Practice and Procedure in the Criminal Jurisdiction of the Federal Court of Australia

Michael Wigney

Australian Journal of Competition and Consumer Law

Michael Wigney, ‘Practice and Procedure in the Criminal Jurisdiction of the Federal Court of Australia‘ (2022) 30(1) Australian Journal of Competition and Consumer Law 11

Abstract

Prosecutions for federal offences have historically been conducted in state and territory courts. In 2009, the Federal Court was invested with jurisdiction to hear prosecutions for cartel offences under the Competition and Consumer Act 2010 (Cth). This article provides an overview of the Court’s criminal jurisdiction. It includes a summary of cartel prosecutions heard to date and discusses the provisions which govern the Court’s criminal practice and procedure. One issue which emerges concerns the appropriateness and utility of retaining state-based committal proceedings in prosecutions conducted in the Court. Committal proceedings are far from uniform throughout the states and territories and are in many respects outdated and productive of little more than cost and delay. The author’s view is that, given the Court’s extensive powers and case management regime, committal proceedings can and should be dispensed with in matters prosecuted in the Court.

This is an edited version of a paper presented at the 2021 Competition Law Conference (22 May 2021)