Judiciary of Australia
Encyclopedia
The judiciary
in Australia
is modelled substantially on the system of courts which existed in England
.
The large number of court
s and tribunal
s in Australia have different procedural powers and characteristics, different jurisdictional limits, different remedial powers and different cost structures.
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.
Like the Supreme Courts, the Family Court
and Federal Court
are superior courts of record, which means that they have certain inherent procedural and contempt
powers. But unlike their Supreme Court counterparts, their subject matter jurisdiction must be granted by statute. The Federal Court can, however, hear part of a dispute over which it has no direct jurisdiction, if that aspect is "accrued" to another part of the case which does fit within its jurisdiction.
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.
Common law
and equity are administered by the same courts, in a manner similar to that of the Supreme Court of Judicature Act 1873 (United Kingdom
). Legal and equitable remedies may be pursued in the one action in the one court.
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
in Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
is modelled substantially on the system of courts which existed in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
.
The large number of court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
s and tribunal
Tribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
s in Australia have different procedural powers and characteristics, different jurisdictional limits, different remedial powers and different cost structures.
The Supreme Courts of the states and territories
States and territories of Australia
The Commonwealth of Australia is a union of six states and various territories. The Australian mainland is made up of five states and three territories, with the sixth state of Tasmania being made up of islands. In addition there are six island territories, known as external territories, and a...
are superior courts of record
Court of record
In common law jurisdictions, a court of record is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a...
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.
Like the Supreme Courts, the Family Court
Family Court of Australia
The Family Court of Australia is a superior Australian federal court of record which deals with family law matters. Together with the Federal Magistrates Court, it covers family law matters in all states and territories of Australia except Western Australia...
and Federal Court
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...
are superior courts of record, which means that they have certain inherent procedural and contempt
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
powers. But unlike their Supreme Court counterparts, their subject matter jurisdiction must be granted by statute. The Federal Court can, however, hear part of a dispute over which it has no direct jurisdiction, if that aspect is "accrued" to another part of the case which does fit within its jurisdiction.
The High Court
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
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.
Common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
and equity are administered by the same courts, in a manner similar to that of the Supreme Court of Judicature Act 1873 (United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
). Legal and equitable remedies may be pursued in the one action in the one court.
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.See also
- Australian court hierarchyAustralian court hierarchyThere are two streams within the hierarchy of Australian courts, the federal stream and the state and territory stream. While the federal courts and the court systems in each state and territory are separate, the High Court of Australia remains the ultimate court of appeal for the Australian...
- Victoria Bar AssociationVictorian BarThe Victorian Bar is the bar association for the Australian State of Victoria. Its members are barristers registered to practice in Victoria. On 19 January 2006, there were 1627 counsel practising as members of the Victorian Bar. Once a barrister has been admitted to practice by the Supreme Court...