Federal Court (FCA). Is s 23 of the Federal Court of Australia Act 1976 (Cth) a conferral of power, not jurisdiction? Does the FCA have the power to grant an injunction in an appropriate case in aid of a statutory right?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: Section 23 of the Federal Court of Australia Act 1976 (Cth) provided: "The Court has power, in relation to matters in which it has jurisdiction, to make orders of such kinds, including interlocutory orders, and to issue, or direct the issue of, writs of such kinds, as the Court thinks appropriate". Is s 23 a conferral of power, not jurisdiction?
Question 2: Can it be said that, "relevant in relation to the power to grant interlocutory injunctive relief is an implied power which the Court has to grant an injunction in an appropriate case in aid of a statutory right"?
The FCA answered those questions as follows: