Judiciary of Australia презентация

Judiciary of Australia

Introduction The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matters of both federal and State law. The large number of courts in Australia have different procedural powers and characteristics, different jurisdictional limits, different remedial powers and different cost structures. Under the Australian Constitution, federal judicial power is vested in the High Court of Australia and such other federal courts as may be created by the federal Parliament. These courts include the Federal Court of Australia, the Federal Circuit Court of Australia, and the Family Court of Australia. Federal jurisdiction can also be vested in State courts. The Supreme Courts of the states and territories are superior courts of record with general and unlimited jurisdiction within their own state or territory. They can try any justiciable dispute, whether it be for money or not, and whether it be for $1 or $1 billion.

The High Court has limited trial powers, but very rarely exercises them. It has ample power to transfer cases started there to another, more appropriate court, so that the High Court can conserve its energies for its appellate functions.

Judges Judges are appointed by the executive government, without intervention by the existing judiciary. Once appointed, judges have tenure and there are restrictions on their removal from office. For example, a federal judge may not be removed from office except by the Governor-General upon an address of both Houses of Parliament for proved misbehavior.Judges in Australia are appointed by the Executive government of the relevant jurisdiction, and most judges have previously practised as a barrister. Federal judges may only serve until age 70.There is no constitutional limit on the length of service of State court judges, but State laws usually fix a retirement age. For example, in New South Wales, judges must retire at age 72, though they can remain as "acting judges" until age 76

Seven figures in black (High Court judges) with papers in front of them sit at this long desk

Superior and inferior courts The High Court has described the concept of a superior court (and associated 'notions derived from the position of pre-Judicature common law courts') as having 'no ready application in Australia to federal courts.' Despite this, Australian courts are frequently characterized as either 'superior' or 'inferior.' The Federal Court and the Supreme Courts of each State and Territory are generally considered to be superior courts. There is no single definition of the term 'superior court' (or 'superior court of record'). In many respects Australian superior courts are similar to the Senior Courts of England and Wales. In Australia, superior courts generally: have unlimited jurisdiction in law and equity, or at least are not subject to jurisdictional limits as to the remedies they may grant; determine appeals, at least as part of their jurisdiction; are composed of judges whose individual decisions are not subject to judicial review or appeal to a single judge; are composed of judges entitled to the style and title The Honourable Justice; and regularly publish their decisions in written form.

Superior and inferior courts Inferior courts are those beneath superior courts in the appellate hierarchy, and are generally seen to include the Magistrates and District (or County) Court of each State as well as the Federal Circuit Court. Inferior courts are typically characterized by: jurisdiction conferred by statute and limited as to subject matter or the quantum of relief; and amenability to judicial review by a single judge of a superior court where a right of appeal is not available.

Federal courts. High Court of Australia The High Court is the highest court in Australia. It was created by section 71 of the Constitution. It has appellate jurisdiction over all other courts. It also has some original jurisdiction, and has the power of constitutional review. The High Court of Australia is the superior court to all federal courts, and is also the final route of appeal from all state superior courts. Appeals to the High Court are by special leave only, which is rarely granted. Therefore, for most cases, the appellate divisions of the Supreme Courts of each state and territory and the Federal Court are the ultimate appellate courts. The Full Court of the High Court is the ultimate appeal court for Australia. Appeals from Australian courts to the Privy Council were initially possible, however the Privy Council (Limitation of Appeals) Act 1968 closed off all appeals to the Privy Council in matters involving federal legislation, and the Privy Council (Appeals from the High Court) Act 1975 closed almost all routes of appeal from the High Court.

Federal courts. Federal Court of Australia The Federal Court primarily hears matters relating to corporations, trade practices, industrial relations, bankruptcy, customs, immigration and other areas of federal law. The court has original jurisdiction in these areas, and also has the power to hear appeals from a number of tribunals and other bodies (and, in cases not involving family law, from the Federal Circuit Court of Australia.) The court is a superior court of limited jurisdiction, but below the High Court of Australia in the hierarchy of federal courts, and was created by the Federal Court of Australia Act in 1976. Decisions of the High Court are binding on the Federal Court. There is an appeal level of the Federal Court (the "Full Court" of the Federal Court), which consists of several judges, usually three but occasionally five in very significant cases

Federal courts. Family Court of Australia Uniquely among the states, Western Australia took up the option of establishing its own Family Court in 1975, and in that state all jurisdiction under the Family Law Act 1975 is exercised by the Family Court of Western Australia and not the Family Court of Australia. The Family Court is a specialist family law court, involving parental disputes, matrimonial property, child support and other family-related laws. The principles of stare decisis (binding law from higher courts) are the same as for the Federal Court. Appeals from the Family Court are heard by the "Full Court" of the Family Court (three to five judges). Appeals from the Full Court lie to the High Court of Australia, though special leave is required. A single judge of the Family Court may hear appeals in family law matters from the Federal Circuit Court of Australia. Appeals from the Federal Circuit Court must go to either of these courts (Federal Court or Family Court), dependent on the area of law. Decisions of the Full Court of the Federal and Family Courts are binding on Federal Circuit Court judges, as are decisions of these courts on appeal from a Federal Circuit Court judge. In other circumstances, decisions of a single Federal or Family Court judge are not strictly binding; however, these will usually be followed by sentencing.

Federal courts. Federal Circuit Court of Australia

State and territory courts and tribunals Each state and territory has a court hierarchy of its own, with the jurisdictions of each court varying from state to state and territory to territory. However, all states and territories have a Supreme Court, which is a superior court of record and is the highest court within that state or territory. These courts also have appeal divisions, known as the Full Court or Court of Appeal of the Supreme Court (in civil matters), or the Court of Criminal Appeal (in criminal matters.) Decisions of the High Court are binding on all Australian courts, including state and territory Supreme Courts. Most of the states have two further levels of courts, which are comparable across the country. The district court (or county court in Victoria) handles most criminal trials for less serious indictable offences, and most civil matters below a threshold (usually around $1 million). The magistrates court (or local court) handles summary matters and smaller civil matters. In jurisdictions without district or county courts, most of those matters are dealt with by the supreme courts. In Tasmania and the two mainland territories, however, there is only a Magistrates Court below the Supreme Court.

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