The court and judiciary system of Australia is structured as a hierarchy. Judiciary is set in the authority system for active and regular allocation of legal support.
Introduction
The court and judiciary system of Australia is structured as a hierarchy. Judiciary is set in the authority system for active and regular allocation of legal support. A hierarchy of courts assists in distinguishing between the authorities and the functions of the courts. Every court shall have their distinguishing characteristic and some courts may have more capabilities than the other whereas some court may administer with a wholly different aspect of law. This indicates that each court has a separate jurisdiction[1].
Three important ways the jurisdiction of Australia is distributed is as follows:
- Federal v. State
- Civil v. Criminal
- Original v. Appellate
Each state and mainland territory has its own court authority and each court in such hierarchy has its own discretion. Every Australian state has the ability to create its own laws.
Since 1901 the federal government has had the ability to make laws for the entirety of Australia within its laws under the Constitution.
The two basic and main kinds of courts in Australia are:
- Courts established under the state laws designated ‘State Courts’
- Courts established under the Commonwealth laws described ‘Federal Courts’
In addition to these two chief kinds of courts, Australia’s judicial system also consists of other specific courts and benches. Such courts and benches are set up to administer with special and specific matters. For instance, A Family court would administer with objects only administering with weddings, adoption and other matters that are particular to family concerns. The Australian judiciary is composed of a set of focus policies. These set of policies help to combine the judiciary with the citizens or the resident of the country. Without such laws and policies, society would not and could not imagine the constitution and the system to guard and improve their legal powers and benefits. Such principles are related to as ‘Natural Justice’.
The doctrine of such Natural Justice shall consist of-
Various Kinds of Courts in Australia
Federal Courts:
The federal courts administer with subjects not included by state law. The federal court authority is as follows:
High Court of Australia
It is the top court in the authority of the federal court hierarchy. High Court is the most powerful court in Australia, irrespective of the court system. There is only one high court in Australia. The High Court of Australia is established in Canberra. It was established in the year 1903 under the Judiciary Act. The High Court has both primary and appellate jurisdiction. The wide collection of jurisdiction empowers the High Court to take a principal position in Australian law and provides flexibility and agreement amongst the laws of the various states[4].
Original Jurisdiction
The article original jurisdiction in courts refers to the cases or objects that instantly or formerly listened in that appropriate court. High Court of Australia has the primary jurisdiction. Section 75 and 76 of the Commonwealth of Australia Constitution Act 1900 administers with the working of original jurisdiction of the H Appellate Jurisdiction
The High Court has the sovereignty and authority to administer with the appeal from any of the Supreme Courts or federal court or any other court that develops under the ambit of federal jurisdiction.
Federal Court of Australia
The federal court of Australia administers with the objects associating to companies, taxation, trade bankruptcy etc. The federal court also has appellate jurisdiction. It can discover an appeal from judgments of the Federal Magistrate Court. Nevertheless, it does not contain the jurisdiction to hear an appeal from the judgments associating to the family material.
Family Court of Australia
The Family Court is a court that was erected specifically to administer with the objects comparing to family discussions. The court has the appellate jurisdiction to understand appeals from the Federal Magistrates Court in the controversies including family matter. Such family court remains in each federal state and the territory of Australia, except for Western Australia. State Court branch, Family Court of Western Australia understands the family subjects in the state of Western Australia.
Federal Circuit Court of Australia
The Federal Magistrate Court was renamed as the Federal Circuit Court on 12th April 2013. On the very day the names of Chief Federal Magistrate’ and ‘Federal Magistrate’ turned to ‘Chief Judge’ and ‘Judge’ was renamed sequentially. This court is below in the hierarchy of federal courts. It administers with a discussion that is a limited obsession in nature. It detects trivial family, trade practices, and administrative discussions. This court does not follow the tribunal system.
State Courts:
The constituency of Australia is included of states and territories. Each state has the authority to improve the law as expected by that appropriate state. The primary structure of the hierarchy is comparable. Though, the purposes of such courts may change.
State Courts of Victoria[12]:
Victorian Civil and Administrative Tribunal [5](VCAT):
VCAT is the principal level court in Victoria’s judicial system. It administers with a wide variety of disputes that involve the trade of goods, health policies, tenancy laws, ownership of property etc. Analysis of government judgments also come under the purview of VCAT. This court not only accompanies discussion but also accompany alternate conflict analysis methods like arbitration.
Children’s Court of Victoria:
As the name suggests Children’s Court Directs with objects and crimes associating to a minor i.e. a person who is under the age of 18. This court is further subdivided into the Family Division and Criminal Division. The objects are distributed within the divisions, depending on the kind of the case in support.
Coroners Court of Victoria:
The Coroners Court has been appointed to examine the conditions and conditions of deaths and accidents.
Magistrates’ Court of Victoria:
The Magistrate Court is more powerful than the VCAT, Children’s Court and Coroners Court. It is directed by the Chief Magistrate. This court hears a broad range of criminal, civil and family circumstances. Jury system does not operate in this court. This court also administers hearings called committal hearings, where a magistrate determines if there is sufficient evidence for a serious case to continue to the County or Supreme Court. Value under $100,000 is dealt with in the Magistrate Court where civil conflicts are concerned.
County Court of Victoria:
The County Court comes preceding the Magistrate Court of Victoria. This court is directed by the Chief Judge and remains in the centre of the court authority—above the Magistrates’ Court and under the Supreme Court. The power of these court orders from civil, criminal to criminal appeal matters. These objects hold crimes like sex aggression and theft.
Supreme Court of Victoria:
The Supreme Court of Victoria is the supreme-ranking court in Victoria. This Court is commanded by the Chief Justice of Victoria, who is the most superior legal officer in the state.
[1] According to the Butterworths Australian Legal Dictionary, “a jurisdiction is the scope of a court’s power to examine and determine facts, interpret and apply the law, make orders and declare judgment. Jurisdiction may be limited by geographic area, the type of parties who appear, the type of relief that can be sought, and the point to be decided.
[2] Audi alteram partem is a Latin phrase meaning “listen to the other side”, or “let the other side be heard as well”. It is the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them.
[3] Nemo judex in causa sua (or nemo judex in sua causa) is a Latin phrase that means, literally, “no-one is judge in his own cause.” It is a principle of natural justice that no person can judge a case in which they have an interest
[4] Bennett, J.M. (1980). “Foreword by Sir Garfield Barwick”. Keystone of the Federal Arch. Canberra: Australian Government Publishing Service. ISBN 0-642-04866-5
[5] The Victorian Civil and Administrative Tribunal was formed by the Victorian Civil and Administrative Tribunal Act 1998 in the state of Victoria, Australia. As part of the Victorian Justice system the Tribunal sits ‘below’ the Magistrates Court in the court hierarchy.
