Accrued jurisdiction
Encyclopedia
Accrued jurisdiction within the context of the Australian legal system
is the power held over state matters by federal courts. Accrued jurisdiction will occur when there are several cases brought to the Federal Court of Australia
(FCA) where there are competing jurisdictions between them. In essence the state vests judicial authority in the federal court providing that a number of requirements are met. A claim that is based on a state law for example can be heard in a federal court depending on:
The above test is applied by the court and a decision reached as to whether the court has accrued jurisdiction. A convenient example of this process is outlined in the case Re Wakim; Ex parte McNally (1999) HCA where there is a conflict between state and federal jurisdictions. In this particular case it was held that accrued jurisdiction did exist but had it not the FCA would have been acting unconstitutionally had it proceeded hearing the case.
Law of Australia
The law of Australia consists of the Australian common law , federal laws enacted by the Parliament of Australia, and laws enacted by the Parliaments of the Australian states and territories...
is the power held over state matters by federal courts. Accrued jurisdiction will occur when there are several cases brought to the Federal Court of Australia
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
(FCA) where there are competing jurisdictions between them. In essence the state vests judicial authority in the federal court providing that a number of requirements are met. A claim that is based on a state law for example can be heard in a federal court depending on:
- the actions done by respective parties
- the relationship between the parties
- the laws which attach rights or liabilities to the conduct and relationship of parties
- whether the different claims arise under the same subject matter
- whether the different claims are so related that the determination of one depends on the other
The above test is applied by the court and a decision reached as to whether the court has accrued jurisdiction. A convenient example of this process is outlined in the case Re Wakim; Ex parte McNally (1999) HCA where there is a conflict between state and federal jurisdictions. In this particular case it was held that accrued jurisdiction did exist but had it not the FCA would have been acting unconstitutionally had it proceeded hearing the case.