| Definitions |
| Common Law |
Refers to the body of law that has been
developed by the courts in the course of deciding disputes
brought
before them for adjudication. This area of law is also
referred to as 'case law' or 'judge-made' law. |
| The Australian Court System |
There are three main types:
Courts of
the States - Courts created by state legislation
Federal courts -
Established under federal legislation.
Courts of the Territories
and Commonwealth - They derive their authority from Federal
legislation. |
| Jurisdiction |
Jurisdiction is the power, or the extent
of the power, of a court to hear cases.' (Enright, Studying Law, 5th
ed., p.37).
The extent of the power of a court can be identified
in a number of ways. For example:
- The amount of money involved.
- The seriousness of an offence.
- Geographical area.
|
| State Courts |
Lower Courts: Referred to as Inferior
Courts.
They deal with minor criminal and civil
matters.
Intermediate Courts: Their jurisdiction is limited by
the amount of money claimed or nature of crime charged.
In
Victoria the intermediate court is the County Court.
Supreme
Courts: They have two levels, a divisional level and an appellate
level.
Divisional level: civil and criminal cases are presided
over by a single judge. More serious offences and large sums of
money are heard at this level of jurisdiction.
Appellate level:
consists of two courts, the Court of Criminal Appeal and the Court
of Appeal.
These courts are presided over by two or more
judges. |
| Federal Courts |
High Court of Australia: The highest court
of appeal from all jurisdictions. It has some original jurisdiction,
but its two main functions are to:
1/ Hear appeals from the
State Supreme Courts and the full court of both the Federal and
Family courts.
These cases are heard by three or more judges.
2/ Hear matters concerning the Constitution. Cases in this area
are heard by all seven High Court judges.
There are no
appeals from this Court.
High Court of
Australia Cases ~ Via AustLII
High
Court of Australia Transcripts ~ Via AustLII
High Court
of Australia Bulletins ~ Via AustLII |
| Federal Courts |
Federal Court: The Court has such original
jurisdiction as is invested in it by laws made by the Commonwealth
Parliament, including, for example, in relation to matters in which
a writ of mandamus or prohibition or an injunction is sought against
an officer of the
Commonwealth Government, in bankruptcy,
corporations law, industrial relations, taxation and trade practices
law. In addition, the Federal Court is a court of disputed returns
in respect of elections under the Aboriginal and Torres Strait
Islander Commission Act 1989.
Federal
Court of Australia Cases ~ Via AustLII |
| Tribunals |
Administrative Tribunals:
Tribunals
are designed to offer speedy, inexpensive and informal avenues for
the resolution of disputes involving
private parties and
government agencies.
Tribunals lie outside of the court
hierarchies.
Appeals are rare or non-existent.
Commonwealth tribunals: ~ Via AustLII
Administrative
Appeals Tribunal decisions
Immigration
Review Tribunal decisions
Refugee Review
Tribunal decisions
National Native
Title Tribunal decisions
Migration Review
Tribunal Decisions
Defence Force
Discipline Appeal Tribunal
Copyright
Tribunal
Australian
Competition Tribunal
Victorian tribunals: ~ Via
AustLII
Victorian Civil
and Administrative Tribunal Decisions
Victorian
Domestic Building Tribunal Decisions 1996-1998
Victorian
Anti-Discrimination Tribunal Decisions 1996-1998 |
| Family Court |
Family Court: Deals with all areas of
family law.
Two levels:
1/Hear matters by a single judge.
2/To hear appeals on family law matters.
There are no
juries.
Family
Court of Australia Cases ~ Via AustLII |
| Law Reports |
| If judicial decisions are to have value as precedents
then the judges reasons for decision must be accurately recorded,
and the record of this decision made available to courts and
lawyers. Judicial decisions collected for their precedent value are
published in law reports. |
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