澳大利亚商法Lecture 2

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Family Court
• No fault divorce
Federal Court
•Traditional Commonwealth matters •Appellate Jurisdiction: Some SC’s, single judge Federal Court decisions, State courts exercising federal jurisdiction 8
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The High Court of Australia (HCA)
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The High Court sits at the top of the Federal and State hierarchies.
Original jurisdiction: the High Court can hear the following disputes: – State Government and the Commonwealth Government – Two State governments – Residents of different states – Foreign affairs matters Appellate jurisdiction: the Court can hear appeals from State Supreme Courts and the Full Court of the Federal and Family Courts. Special leave, or special permission, must be granted to appeal a matter todiction:
– State brings an action against the accused – Court where the matter is to be heard depends on the serious of the offence but all
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Federal Courts
Federal Magistrates Court (FMC)
• Original Jurisdiction: The FMC deals primarily with Family Law matters and hears simple bankruptcy, human rights, administrative law , industrial law and trade practices law matters up to $200,000. Appellate Jurisdiction: Hears appeals from Federal Tribunals (e.g. AAT).
explain the roles of the police and the courts in the legal system draw up the court hierarchy of your state describe the court system at state and federal levels state the jurisdictional limits for each court in your state explain the features of a court hierarchy identify and describe alternative ways of settling disputes explain the role of the ombudsman explain the roles of parties to a legal action describe some of the duties performed by barristers and solicitors explain the main role of the jury in the court system. describe and explain the meaning of ratio decidendi and obiter dictum explain the doctrine of precedent have an understanding of the practices followed by the courts in relation to judicial precedent list the steps by which Parliament creates a statute identify the methods used by the courts for their interpretation of statutes explain the more important maxims used by the courts to assist them in statutory interpretation, in particular, noscitur a sociis and ejusdem generis 2
– Appellate jurisdiction is the authority of a court to hear appeals from decisions of courts of a lower level in the same court hierarchy. • Hierarchy of Courts (definition): Courts are ranked according to their ability to hear matters – Each level of the court system has a jurisdiction.
Supreme Court (SC)
• Supreme Courts are known as superior courts and are also known as a court of record because the decisions are recorded in Law Reports. • • The courts below the Supreme Courts are called inferior courts. Appellate jurisdiction: the SC hears appeals from the DC before a single judge. The SC also has an appeals division. The Court of Appeal (three judges) in Queensland hears appeals from the decision of single SC judge and sometimes from the DC. • Original jurisdiction: the SC in Queensland hears serious criminal matters such as murder and civil matters where the amount of compensation claimed is more than $250,000. The matter is heard by a single judge. • Jury: A jury is used for criminal matters heard for the first time, and for some civil claims such as defamation.
– Determined by the amount of $ involved
• Original and Appellate Jurisdiction – A court’s jurisdiction is established by its enabling Act.
– Original jurisdiction is the authority to hear a case when the case is first brought before a court.
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The High Court of Australia (HCA)
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The High Court highest court in the Australian judicial system Judges – 7 current members
– Judiciary
.au/
Legal Issues for Managers
2007PPP
Module 1: The Legal and Political Environment
Lecture 2
1
Chapter objectives
On completion of this chapter, you should be able to:
actions must start in the Magistrates Court
– Summary offences – Indictable offences
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The Courts
• Civil jurisdiction: an individual or organisation commences an action against another individual or organisation
The Role of the Courts
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• The role of the courts
– The courts are involved in the administration of the law as well as the resolution of disputes. – Courts impose a legally binding decision on the parties to the dispute. – The courts have a criminal and civil jurisdiction.