Judiciary of Australia

From Wikipedia, the free encyclopedia

The judiciary in Australia is modelled substantially on the system of courts which existed in England.

The large number of courts and tribunals 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.

[edit] See also

• Australian court hierarchy
• Victoria Bar Association

This article does not cite any references or sources. (January 2008) Please help improve this article by adding citations to reliable sources. Unverifiable material may be challenged and removed.