The Australian Legal Environment Part 2 Flashcards
The judiciary
A court hierarchy:
- allows different forms of hearing according to the importance of the case
- facilitated the operation of the doctrine of precedent
- allows a system of appeals
Original jurisdiction
Is the authority to hear a case when the case is first brought before a court
Appellate jurisdiction
Is the authority of a court to hear appeals from decisions of courts of a lower level in the same court heirarchy
Magistrates or local courts
Located at bottom of the Court Heirarchy
Possess original jurisdiction only
Presided over by magistrate
Settle disputes quickly, locally, cheaply
Jurisdiction of local courts differ from state to state
Less emphasis on formality than in higher courts (still expected to follow procedural rules & laws of evidence)
Intermediate courts
Middle level court in most hierarchies
original civil jurisdiction
In their criminal jurisdiction they deal with the bulk of indictable offenses except for more serious crimes
The Supreme Court (superior courts)
Highest court in each state
Presided over by a judge
Unlimited original jurisdiction in both civil & criminal matters (hear mostly serious cases)
Appellate jurisdiction
Specialist courts
Family violence court Mental health court Indigenous courts Drug courts Compensation & Work health courts Land & environment courts Environment, resources & development court (SA)
Federal court (now known as Federal Circuit Court)
Established 1976
Original jurisdiction - court hears matters relating to bankruptcy, competition & consumer practices, intellectual property & taxation, immigration & social services
Appellate jurisdiction - court hears appeals from single judges of the Supreme Courts of the territories & appeals from decisions of single judges of the federal court
High Court
Established of the Australian Constitution, and the judiciary act 1903 (Cth) replaces and updated by the High Court of Australia Act 1979 (Cth)
Limited original jurisdiction in cases authorized by the Commonwealth Constitution (usually matters between the states e.g. Franklin dam dispute)
Appellate jurisdiction in both civil & criminal matters arising from the state supreme courts & federal courts
Approval to hear an appeal must first be granted by the High court
Final court of appeal within the Aus legal system
Tribunals
Quasi-judicial tribunals - designer to provide quick, cheap & fair dispute resolution. Do not create precedents e.g. administrative appeals tribunal (AAT), residential tenancies tribunal (SA)
Adversarial system
Two opposing sides argue their case in a court presided over by a neutral 3rd party (judge)
Lawyers (barristers) put the max spin on their version of events
1 side will “win”
1 side will “lose”
Inquisitorial system
Judge more active in seeking the truth
Not simply the “umpire”between the lawyers for both parties
Judge makes the decisions and the advocates assist the judge in that process
