Lecture 1 BFA601 Semester 1 2018.pptx

More important courts create binding precedent over

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More important courts create binding precedent over lesser courts, they also hear appeals from lower courts THE HIERARCHY OF THE COURT SYSTEM IN AUSTRALIA Introduction THE HIERARCHY OF THE COURT SYSTEM IN AUSTRALIA Introduction
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Each state has inferior courts, which are the courts at lowest point in the hierarchy, eg the Magistrates’ Court. These courts have limited jurisdiction, are presided over by a Magistrate, are not courts of record and do not create law These courts hear minor civil matters and lower level criminal matters (summary offences) THE HIERARCHY OF THE COURT SYSTEM IN AUSTRALIA State courts THE HIERARCHY OF THE COURT SYSTEM IN AUSTRALIA State courts
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Intermediate courts hear more serious matters, including appeals from lower courts. The jurisdiction is much greater for civil and criminal matters The court is presided over by a judge, it is a court of record, more formal and may hear appeals from its own court THE HIERARCHY OF THE COURT SYSTEM IN AUSTRALIA Intermediate courts THE HIERARCHY OF THE COURT SYSTEM IN AUSTRALIA Intermediate courts
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THE HIERARCHY OF THE COURT SYSTEM IN AUSTRALIA Supreme court of Tasmania THE HIERARCHY OF THE COURT SYSTEM IN AUSTRALIA Supreme court of Tasmania
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Superior courts are the highest court in the court hierarchy, they have unlimited jurisdiction and can hear any matter (except matters reserved for the High Court) Superior courts (usually called the Supreme Court) can hear appeals from its own court and lesser courts, it is a court of record and sets precedent THE HIERARCHY OF THE COURT SYSTEM IN AUSTRALIA Superior courts) THE HIERARCHY OF THE COURT SYSTEM IN AUSTRALIA Superior courts)
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The Federal Circuit Court (formerly the Federal Magistrates’ Court hears quite serious matters, eg up to $700,000 in consumer matters, with unlimited jurisdiction in some other areas. The court has various divisions dealing with Fair Work, Migration Review, Refugee Review and Administrative Review. THE HIERARCHY OF THE COURT SYSTEM IN AUSTRALIA The Federal Circuit Court of Australia THE HIERARCHY OF THE COURT SYSTEM IN AUSTRALIA The Federal Circuit Court of Australia
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The High Court is the highest court in Australia and hears only very serious matters and appeals from lower courts The court determines disputes between states, between the Commonwealth and the states, and interpretation of the constitution Theophanous v The Herald and Weekly Times (1994) New South Wales v Commonwealth (1990) THE HIERARCHY OF THE COURT SYSTEM IN AUSTRALIA The High Court THE HIERARCHY OF THE COURT SYSTEM IN AUSTRALIA The High Court
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The Federal court deals with matters under the Commonwealth jurisdiction, i.e. bankruptcy, excise and immigration Other matters may be heard if shared with the states Hears appeals from territory courts, the administrative appeals and some state courts on federal matters THE HIERARCHY OF THE COURT SYSTEM IN AUSTRALIA The Federal Court THE HIERARCHY OF THE COURT SYSTEM IN AUSTRALIA The Federal Court
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The Family Court is a specialist
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