{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

O established under the constitution court of appeal

Info icon This preview shows pages 22–31. Sign up to view the full content.

View Full Document Right Arrow Icon
o Established under the Constitution (Court of Appeal) Act 1994. o Made up of the SCV Chief Justice, a President and currently 11 judges of appeal. o Hears appeals from Supreme Court and County Court.
Image of page 22

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
VCAT o VCAT established as a super tribunal in 1999 pursuant to Victorian Civil and Administrative Tribunal Act 1998 (Vic). o Jurisdiction determined by nature of dispute, rather than amount of dispute. o Jurisdiction derives from numerous pieces of legislation eg Residential Tenancies Act 1997
Image of page 23
   CIVIL DIVISION ADMINISTRATIVE  DIVISION          HUMAN     RIGHTS   DIVISION Civil Claims  Credit  Domestic Building  Owners Corporation Real Property Residential  Tenancies  Retail Tenancies   General Land Valuation Legal Practice  Occupational and  Business Regulation Planning Environment Taxation  Anti-Discrimination Guardianship Health and Privacy Mental Health VCAT Structure
Image of page 24

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Federal Level Commonwealth Judicial Power: Chapter III, Commonwealth Constitution Cth Parlt can make laws defining the jurisdiction of courts to exercise Cth judicial power (s. 77,) Commonwealth judicial power may only be exercised by: The High Court A federal court created by federal statute A state/territory court invested with federal judicial power These 3 classes of court are listed in s.71 of the Commonwealth Constitution
Image of page 25
Section 71 The judicial power of the Cth shall be vested in a Federal Supreme Court, to be called the High Court of Australia , & in such other Federal Courts as the Parliament creates , & in such other courts as it invests with Federal jurisdiction . The High Court shall consist of a Chief Justice and so many other justices, not less than 2, as the Parliament prescribes.
Image of page 26

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Invested Jurisdiction: s 77 Constitution Parliament has power to make laws defining the jurisdiction of any federal court other than the High Court and defining the extent to which the jurisdiction of any federal court shall be exclusive to that which belongs to or is invested in the courts of the state and also investing any court of a state with Federal jurisdiction . (Relevant to Cross Vesting, later)
Image of page 27
Original Jurisdiction of High Court o Cth Constitution s75: All matters: n Arising under a treaty n Affecting representatives of other countries n Cth or person suing/being sued as representative of Cth is a party n B/w states; b/w residents of different states; b/w a state & resident of anor state n Writ of mandamus/prohibition or injunction against officer of Cth. o Cth Constitution s76 & Judiciary Act s30: n Matters involving interpretation of Constitution
Image of page 28

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
High Court Jurisdiction Exclusive jurisdiction : s 38 Judiciary Act 1903 (Clth), includes matters arising directly under any treaty & suits between states.
Image of page 29
High Court Appellate Jurisdiction o s 73 Constitution jurisdiction to hear appeals from all judgments, decrees, orders & sentences: n of any justice/s exercising High Crt’s original jurisdiction n of any other federal court exercising federal jurisdiction, or the Supreme Court of any state… o Need special leave to appeal.
Image of page 30

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 31
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern