Criteria for special leave judiciary act s35a o

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Criteria for special leave Judiciary Act s35A o Proceedings involve a question of law of public importance; or o HCA required to resolve differences of opinion b/w courts as to the state of the law; and o Interests of the administration of justice, either generally or in the particular case, require the HCA to consider the judgment
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Process for getting Special Leave o File a written summary of argument (not to exceed 10 pages). o Appeals can be dismissed on the papers i.e. without any oral hearing. o Get 20 minutes to convince the High Court your case is worthy of consideration. o The court has time to decide only about 50-60 cases a year. o Success rate of special leave applications is about 6-8%
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‘such other Federal Courts as the Parliament creates’ o 1975: Family Court o 1976: Federal Court o 1999: Federal Magistrates’ Court
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Family Court ` Family Court of Australia Act 1975 (Cth) Deals with n Divorce n Property division n Parenting orders n Child related matters
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Accrued Jurisdiction o S 22 Federal Court of Australia Act 1976 (Cth) – Court shall grant all remedies to which any of the parties before it appear to be entitled so that, as far as possible, all matters in controversy between the parties may be completely and finally determined, and multiplicity of proceedings avoided. o ‘matters’ given broad definition – arising from same facts or transaction.
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Fencott v Muller o Respondents contended proceedings entirely outside the jurisdiction of the Federal Court. o Held: Court has jurisdiction to determine the whole of the controversy between the parties, even if some part of the controversy would otherwise be outside the jurisdiction. o Matter = all causes of action arising from the same events/transactions. o Accrued jurisdiction is discretionary – Stack v Coast Securities (1983) 154 CLR 261
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Conclusion to Subject Matter Jurisdiction Important to commence proceedings in correct court for 2 reasons: 1. Strategy – different procedures apply that may benefit or negatively impact on your client; and 2. Costs – implications if proceedings in wrong jurisdiction.
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Territorial Jurisdiction Constitution Act (Vic) s 85(1): Subject to this Act the Court shall have jurisdiction in or in relation to Victoria its dependencies and the areas adjacent thereto in all cases whatsoever and shall be the superior court of Victoria with unlimited jurisdiction. Coastal Waters (State Powers) Act 1980 & Coastal Waters (State Title) Act 1980 (Cth): States have legislative powers over 3 nautical miles of coastal waters.
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Territorial Jurisdiction Acquired in 3 ways: 1. Presence within the jurisdiction ( Laurie v Carroll , HCA), or 2. Defendant submits to jurisdiction, or 3. Valid service within or outside the jurisdiction n Service and Execution of Process Act 1992 (Cth) n Supreme Court Rules for Overseas Service.
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Risks with multiple territorial jurisdictions … Alternate jurisdictions within Australia, and Overseas raises risk of FORUM SHOPPING
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Forum non conveniens o Common law principle which empowers courts to refuse to take jurisdiction over matters where
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