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Topic: Australian court hierarchy


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In the News (Thu 17 Dec 09)

  
  Science Fair Projects - Australian court hierarchy
There are two broad levels within the hierarchy of Australian courts, the federal level and the state and territory level.
These courts among them have jurisdiction over commonwealth law, that is, law made by the federal parliament of Australia.
The Federal Magistrates Court was established in 1999 to ease the large caseload on the Federal Court.
www.all-science-fair-projects.com /science_fair_projects_encyclopedia/Australian_court_hierarchy   (429 words)

  
 High Court of Australia
The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy.
The issue of appeals from the High Court to the Privy Council was a significant one during the drafting of the Constitution, and it continued to be significant in the years after the court's creation.
The court also sat regularly in Sydney, where it was located in an extension on the side of the Criminal Courts in the suburb of Darlinghurst.
www.brainyencyclopedia.com /encyclopedia/h/hi/high_court_of_australia.html   (3767 words)

  
 Australian Law and Politics
Courts of summary jurisdiction are at the base of this hierarchy and their jurisdiction is both civil and criminal - generally hearing matters concerning small debts, small property claims and minor criminal offences.
These courts have both original (the matter can be bought before the court in the first instance) and appellate (can be bought before the court as a result of an appeal from another court) jurisdiction.
Generally the High Court has 2 functions, firstly it is of special importance where constitutional matters are an issue and secondly it is Australia's general court of appeal from the Supreme Courts.
www.australiatravelsearch.com.au /trc/law.html   (858 words)

  
 [No title]   (Site not responding. Last check: 2007-10-18)
Specialised courts In addition to the functions already listed, the courts have a special place in Australia, probably because they are perceived to be more legitimate than other institutions, especially those comprised of politicians, and therefore less likely to be biased in favour of partisan or sectional interests.
The court hierarchy in the federal system In the federal system of government, and hence of laws, that exists in Australia, both the national body and the constituent States have not only their own laws, but also their own court system.
Because Australian law is a member of the family of “common law” legal systems, the reported decisions of courts in actual cases are an important source of law, quite independently of any law enacted by the legislature.
classes.lls.edu /iafl/goldring.doc   (3634 words)

  
 PlanetPapers - Australian Court Hierarchy
Court Hierarchy is the term given to the system in which the Courts of Australia are split into different levels to deal with different matters by different levels of severity.
The High Court Of Australia, State Supreme Court, County or District Courts, Magistrates’ Court or Court Of Petty Sessions, Coroner’s Court and the Children’s Court.
This name was given to this particular court due to the fact that a majority of cases brought before this court involve the police having made an investigation of some kind and laying a charge.
www.planetpapers.com /Assets/3490.php   (1383 words)

  
 Court Reporting in Australia - Cambridge University Press
The United States Supreme Court, in a 1979 judgment on public trial rights, said the concept was firmly established by the 17th century, and there was little record of secret hearings, criminal or civil.
The issue in courts is often described as a balancing exercise between the rights of an accused to a free trial and the ability to disseminate information from an open court.
From the hundreds of court hearings on a given day, reporters might agree on the ‘big’ stories but also be aware of the sorts of cases their employer would prefer.
www.cup.cam.ac.uk /catalogue/catalogue.asp?isbn=0521615119&ss=exc   (2930 words)

  
 Court Reporting in Australia - Cambridge University Press
The United States Supreme Court, in a 1979 judgment on public trial rights, said the concept was firmly established by the 17th century, and there was little record of secret hearings, criminal or civil.
The issue in courts is often described as a balancing exercise between the rights of an accused to a free trial and the ability to disseminate information from an open court.
From the hundreds of court hearings on a given day, reporters might agree on the ‘big’ stories but also be aware of the sorts of cases their employer would prefer.
www.cambridge.org /catalogue/catalogue.asp?isbn=0521615119&ss=exc   (2930 words)

  
 Australian court hierarchy information - Search.com
In Melbourne, the Federal Courts are housed in the Commonwealth Law Courts Building on the corner of La Trobe Street and William Street.
The Federal Magistrates Court was established in 1999 to ease the large caseload on the Federal and Family Courts.
Decisions of the Full Court of the Federal and Family Courts are binding on Federal Magistrates, as are single judge decisions of Federal and Family Court judges when deciding an appeal from a Federal Magistrate.
www.search.com /reference/Australian_court_hierarchy   (648 words)

  
 LLRX.com - Update to Researching Australian Law
Nick was the convenor of the Australian and New Zealand university law librarians group from 1993 to 1999 and was local convenor of the IALL conference held in Melbourne in September 1999.
The Australian Commonwealth Parliament and those of the States are bicameral, with the exception of that of the State of Queensland which abolished its upper house in 1922.
And the courts of the states and territories also sit within the national hierarchy with either a Supreme Court or Court of Appeals at the local apex, from which appeals lie to the High Court.
www.llrx.com /features/australian2.htm   (4762 words)

  
 SAME-SEX RELATIONSHIPS - SOME AUSTRALIAN LEGAL DEVELOPMENTS
This was because of various inhibitors: the risk of criminal prosecution: the fear of social or professional stigmatisation; the desire to avoid shame to oneself or the family.
Recently, an Australian Ambassador, presenting his credentials to the Monarch of the country to which he was accredited by Australia, took along his same-sex partner.
The Commission found that present Australian superannuation law was in breach of two international conventions to which Australia is a party, the International Covenant on Civil and Political Rights and the LO Discrimination (Employment and Occupation) Convention.
www.hcourt.gov.au /speeches/kirbyj/kirbyj_samese.htm   (5842 words)

  
 Michael McHugh Information
Justice Michael Hudson McHugh (1935-) QC AC a former justice of the High Court of Australia; the highest court in the Australian court hierarchy.
He was appointed as a Justice of the Court of Appeal of the Supreme Court of New South Wales in 1984.
He was appointed as a judge of the High Court in February 1989, a position he held until November 2005 in accordance with the Australian Constitution which dictates that Judges must retire from their offices upon turning 70.
www.bookrags.com /wiki/Michael_McHugh   (192 words)

  
 Legal & Court System
Under the Australian Constitution the legislative power of the Commonwealth of Australia is vested in the Parliament of the Commonwealth, which consists of the Queen, the Senate and the House of Representatives.
Courts exist in all Australian States and Territories for the hearing of both criminal and civil cases.
The High Court of Australia is the highest court of appeal for both criminal and civil cases.
www.irishaustralia.com /Australian/Government/courtssys.htm   (1784 words)

  
 Australian court hierarchy - Wikipedia, the free encyclopedia
There are two broad levels within the hierarchy of Australian courts, the federal level and the state and territory level.
Decisions in inferior courts normally (but not always) can be appealed to the Superior Court in that area (eg, from a District Court to a Supreme Court; or from the Federal Magistrates Court to the Family Court of Australia or Federal Court of Australia).
It is an inferior court and was established in 1975 by the Family Law Act 1975 by the federal parliament.
en.wikipedia.org /wiki/Australian_court_hierarchy   (1238 words)

  
 INDIA & AUSTRALIA: A NEGLECTED LEGAL RELATIONSHIP AND A PLAN OF ACTION
Because, as a lawyer, I grew up in an Australian legal system still answerable to the Privy Council in London, it was a commonplace for judges and practising lawyers throughout Australia, including myself, to have on their shelves not only the law books of Australian courts but also the case books from England.
So long as Australian courts were accountable to the Privy Council, it was imperative that we should be aware of the developments of legal principle in, and thinking of, those courts.
But it is plain that Indian and Australian courts, at the highest level, are unwilling to condone, or participate in, a charade of justice in which there is an appearance of a fair trial but the reality is lacking.
www.hcourt.gov.au /speeches/kirbyj/kirbyj_india.htm   (6108 words)

  
 [No title]   (Site not responding. Last check: 2007-10-18)
Australian judges are bound to follow the follow the ratio of a decision of a court higher up in the same Australian hierarchy.
From the theory that parliament is supreme, the approach adopted by the courts to the interpretation of statutes is that the words of the statute constitute the law of the parliament.
Courts generally are not allowed to use extrinsic material including the Hansard to reach the decision.
www.nw.com.au /~tweedie/Notes_20Week_202.doc   (2195 words)

  
 Slashdoc - Australian Court Hierarchy   (Site not responding. Last check: 2007-10-18)
Court Hierarchy is the term given to the system in which the Courts of Australia are split into different levels to deal with different matters by different levels of severity.
No two courts have the same areas of jurisdiction even though it is a fact that the same case can be appealed and heard in a different court.
This name was given to this particular court due to the fact that a majority of cases brought before this court involve the police having made an investigation of some kind and laying a charge.
www.slashdoc.com /documents/92439   (1409 words)

  
 Litigation is not the way to go in China - Legal Business Asia - Find Articles
Australian enterprises which have disputes with their local business partners in China should resort to litigation only when all else has failed.
The court hierarchy in China is similar to that in the West and is divided into four levels; Supreme People's Court (national), High People's Court (provincial), Intermediate People's Court (municipal) and Basic People's Court (county/district).
Hence, the role of the Australian lawyer is to advise the client, prepare the case and then leave it to a local lawyer to run the appearances in court.
www.findarticles.com /p/articles/mi_m0BJT/is_6_11/ai_106646668   (859 words)

  
 Politics: The Supreme Court and Precedent
The closely connected principle of stare decisis is defined as 'the policy of courts to stand by precedent and not to disturb a settled point'3.
High court cases such as Cullen v Trappell8 where the full court overruled a two year old decision in Atlas Tiles Ltd. v Briers9 as erroneous; and also in Mabo v Queensland where it declared the status of Terra Nullius given to Australia as settled lands in 1788 needed reconsideration.
When the court does overturn and restate aspects of common law in Australia it is merely declaring the law for the future and not just for an instant.
www.studyworld.com /basementpapers/repce/Politics/125.htm   (1586 words)

  
 Government of Australia - Wikipedia, the free encyclopedia
The structure of the Australian Government may be examined in light of two distinct concepts, namely: Federalism and the Separation of Powers into legislative, executive and judiciary branches of government.
The Australian Parliament is bicameral, consisting of the Queen, a 76-member Senate and a 150-member House of Representatives.
Because the Australian Constitution dates from 1900, when the Dominions of the British Empire were not independent states in their own right, the term "head of state" is not used in the Australian Constitution.
en.wikipedia.org /wiki/Government_of_Australia   (2407 words)

  
 LEGAL SERVICES COMMISSION   (Site not responding. Last check: 2007-10-18)
The courts are arranged in a hierarchy, based on the kinds of issues being decided, with appeals from lower courts going to a higher court.
A party to a case who is not satisfied with the court's decision may appeal to a higher court for a reconsideration of the decision.
The highest court is the court to which the final appeal lies.
www.lawhandbook.sa.gov.au /index_article.asp?id=1873   (1013 words)

  
 IAP
Australian police forces are based on the English model of a constabulary as devised by Sir Robert Peel in 1830.
Courts in NSW with criminal jurisdiction are divided between the Magistrates' or Local Court, the District Court and the Supreme Court.
The prosecutor bears the responsibility of being a minister of justice; that is, a person of transparent integrity who is ready to assist the judge in determining the correct legal approach as well as assisting the jury to consider all relevant evidence, including that which may 'harm' a prosecution's success.
www.iap.nl.com /speeches_second_asia_pacific_2005/the_australian_prosecution_system.html   (2708 words)

  
 Top 20 Encyclopedia
The Supreme Court of Canada was established in 1875 but only became the highest court in the country in 1949 when the right of appeal to the Judicial Committee of the Privy Council was abolished.
The court's decisions are final and binding on the federal courts and the courts from all provinces and territories, including the Province of Quebec which has its own distinct legal system in matters of property and civil law based on the Civil Code of Quebec.
With civil and criminal cases, the highest court in a hierarchy of appellate courts is the Bundesgerichtshof.
encyc.connectonline.com /index.php/Supreme_Court   (2266 words)

  
 New England Online
The Supreme Court of New England - The Supreme Court is the highest court in New England.
As the name suggests, the court districts are the same as the counties in which they sit.
Statutory Courts - For matters of specialist legal interpretation, there are a number of statutory courts established by Parliament to hear matters that cannot be heard in the normal court hierarchy.
www.newenglandonline.info /government/judiciary/index.html   (1445 words)

  
 HLS Library: Researching Australian Law
The Australian Constitution was contained in an Act of the British Parliament, the Commonwealth of Australia Constitution Act (1900).
The High Court of Australia, is the highest court of the land in Australia.
The courts of the states and territories sit within the national hierarchy as well, with a Court of Appeals or a Supreme Court at the apex of each jurisdiction.
www.law.harvard.edu /library/services/research/guides/international/australia/basics.php   (2587 words)

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