It is becoming increasingly common for litigation to be initiated in multiple jurisdictions about the same subject matter and involving the same litigants. Accordingly, it is important for litigants to understand what is meant by: –
What is Jurisdiction?The term jurisdiction refers to the authority of a court to hear and determine specific types of cases. Some examples of court jurisdiction include: –
The jurisdiction that is given to each court will usually depend on the purpose for which the court was established, and it is usually defined in the relevant legislation. Jurisdiction is important because it limits the power of a court to hear certain types of cases. If the courts did not exercise appropriate jurisdiction, then every court could conceivably hear every case brought to them, which would ultimately lead to confusing and conflicting results for litigants. What is Accrued Jurisdiction? The concept of accrued jurisdiction has played an important function in broadening the court’s power and in preventing jurisdictional disputes. The term ‘accrued jurisdiction’ within the context of the Australian legal system, refers to the power held over state matters by federal courts. Accrued jurisdiction will occur where multiple relevant cases are brought before the courts and the courts are competing for jurisdiction between them. An Example A de-facto couple separated in 2006 and finalised the division of their property in the Supreme Court of New South Wales. Prior to 1 March 2009 the Supreme Court of New South Wales held jurisdiction in relation to the property division of de facto relationships. After the orders were made, the parties reconciled and continued their relationship for a number of years before finally separating again. After this final separation, the de facto Wife initiated proceedings in the Family Court of Australia to set aside the Orders of the Supreme Court of New South Wales, as the Family Court of Australia now held jurisdiction to determine property disputes of de facto couples (which came into effect on 1 March 2009). However, the de-facto Husband disputed that the Family Court of Australia held this jurisdiction. At Hearing the central issue was whether or not the Family Court of Australia had accrued jurisdiction to determine whether the Orders made by the Supreme Court of New South should be set aside. Ultimately it was found by the Full Court of the Family Court of Australia, that the Family Court of Australia does have accrued jurisdiction to vary or set aside the Supreme Court of New South Wales Orders made in 2006. Dorter Family Lawyers and Mediators specialises in family law disputes that involve multiple areas of jurisdiction and/or multiple Courts. If you require any assistance with the above we can assist. This post is an overview only and should not be considered as legal advice. If there are any matters that you would like us to advise you on, then please contact us on (02) 9929 8840. Rebekah Dorter Brittany Meehan
The Federal Circuit and Family Court of Australia was established by the Federal Circuit and Family Court of Australia Act 2021, bringing together the Family Court of Australia and the Federal Circuit Court of Australia. The Court comprises two divisions. Division 1 is a continuation of the Family Court of Australia and deals only with family law matters including appeals. Division 2 is a continuation of the Federal Circuit Court of Australia and deals with family law, migration and other general federal law matters. The Court has a registry in Perth for general federal matters only.
Courts deal with different matters depending on their jurisdiction and place in the court hierarchy. Within the state and federal courts systems, there are a number of different courts. Each court has a particular ‘jurisdiction’, which is the scope of a court’s authority to decide matters. The term comes from Latin: ‘juris’ – the law and ‘dictio’ – to say or declare. The jurisdiction given to a court will usually depend on the purpose for which the court was established, which is usually defined in legislation. Which court will have jurisdiction over a case may be based on geographical area, the type of parties who appear, the amount of money involved in the case, or the severity of the maximum penalty for an offence. For example, in NSW, a crime for which the maximum penalty is 14 years imprisonment will probably be heard by the District Court or the Supreme Court, while a crime for which the maximum penalty is only a fine will be heard by the Local Court. Some courts have a specialised jurisdiction (for example, the Children’s Court) so they deal with cases only in a narrow range of topics, while other courts have a general jurisdiction (such as the state Supreme Courts) to deal with a wide variety of cases. The Supreme Courts of the states and territories are courts of general jurisdiction in that every matter is within the general jurisdiction of a Supreme Court unless specifically excluded. Another distinction in jurisdiction is between 'original jurisdiction' and 'appellate jurisdiction'. The court where a particular matter is heard for the first time has ‘original jurisdiction’. If there is to be an appeal against the decision of the original court, the court that can hear the appeal has ‘appellate jurisdiction’. See Appeals for more information. The Commonwealth has three levels of general federal courts: These courts were established to hear and determine matters arising under Commonwealth laws. The Commonwealth Constitution established the High Court of Australia, which is the highest court in Australia. The High Court is at the top of the hierarchy of federal courts. It is also at the top of the hierarchy of state courts, because decisions of state Supreme Courts may be able to be appealed to the High Court. Each of the states (except for Tasmania) also has three levels of courts of general jurisdiction: the state Supreme Court, the District Court (called County Court in Victoria) and the Local Court. Tasmania, the Northern Territory and the Australian Capital Territory do not have an intermediate level court. Courts are classified as either superior courts or inferior courts. The principal Australian superior courts are: All courts that are not superior courts are inferior courts. Intermediate courts (such as the District Court of New South Wales) are therefore technically inferior courts. Magistrates make decisions in the lower courts (state local and magistrates courts). The higher in the hierarchy a court is, the greater the authority their decisions have for other courts. See also Precedent and evidence. In both state and federal systems there are tribunals which operate in a more informal way to reach decisions on civil matters: see Tribunals for more information.
Do you need a lawyer, or are you representing yourself in court? Find information about court procedures and forms. Find out about our legal system. How Laws are made, presented as two 10-minute films on YouTube: Parliament and Courts, provides an overview of where Aus Find links to Federal courts and tribunals, including the High Court, Federal Court and Family Court. |
What does the jurisdiction of a court determine?
Pos Terkait
Copyright © 2024 ketajaman Inc.
