Legal System 2003

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The Legal System 00

In Australia each of the Federal and State systems incorporates the three arms of government legislative, executive and judicial. The High Court of Australia, however, is the final court of appeal in respect of all matters, whether decided in Federal or State jurisdictions, and the Federal Parliament is empowered under the Constitution to invest State courts with Federal jurisdiction.

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State Courts can hear both civil and criminal cases, which may in turn be heard before a magistrate or judge, with or without a jury

Each state has its own court system to administer state laws. As well, because we have a federal system of government, there are several federal courts to administer federal laws. Some of the federal courts also hear appeals from state courts. And some State courts have jurisdiction over some federal laws. The highest court in Australia is a federal court - the High Court of Australia.

Australian State and Territory courts have original jurisdiction in all matters brought under State or Territory laws, and in matters arising under federal laws, where jurisdiction has been conferred on the courts by the Commonwealth Parliament. Most criminal matters, whether arising under Commonwealth, State or Territory law, are dealt with by State or Territory courts.

The Local Court of New South Wales hears matters of both criminal and civil nature. Local Courts in New South Wales have jurisdiction to deal with

• the vast majority of criminal and summary prosecutions,

• civil matters with a monetary value of up to $40,000,

• committal hearings,

• family law matters,

• child care proceedings,

• juvenile prosecutions and care matters, and

• coronial inquiries.

All criminal matters begin in the Local Court. The majority are summary offences and is dealt with at this level. In addition, most civil law matters are also dealt with by the Local court.

Having the Local Court deal with matters saves time and expense. Juries are not used, which reduces court costs, and the less formal nature of the court allows the parties to be represented by solicitors rather than the more expensive barristers.

The New South Wales courts of summary jurisdiction are presided over by a Magistrate and deal with most of the ordinary (summary) offences, such as traffic infringements, minor assaults and street offences.

Magistrates also conduct committal proceedings in respect of the more serious offences to determine whether there is a prima facie case to be determined by a Judge and jury, either in an intermediate court or a Supreme Court. Juries are not used in courts of summary jurisdiction.

In most jurisdictions, these courts also deal with civil litigation for debt recovery, smaller claims by one citizen against another or against a company, as well as certain maintenance, custody and property disputes under jurisdiction conferred by the Family Law Act.

Crimes can be broken into major categories summary offences and indictable offences. A summary offence is one of lesser nature, such as shoplifting or non-payment of fines. It is heard before a magistrate in a Local Court. This is known as hearing the case summarily. An indictable offence is of more serious nature and is tried by a judge and jury in the District Court; more serious indictable offences will be heard in the Supreme Court.

Local Courts CIVIL CASES CRIMINAL CASES

- Claims up to $40 000

- Small Claims Division up to $000 - Summary Offences

- Indictable offences heard summarily

- Committal proceedings (magistrate)

The Local courts of summary jurisdiction are presided over by a Magistrate and deal with most of the ordinary (summary) offences, such as traffic infringements, minor assaults and street offences.

Magistrates also conduct committal proceedings in respect of the more serious offences to determine whether there is a prima facie case to be determined by a Judge and jury, either in an intermediate court or a Supreme Court. Juries are not used in courts of summary jurisdiction.

In most jurisdictions, these courts also deal with civil litigation for debt recovery, smaller claims by one citizen against another or against a company, as well as certain maintenance, custody and property disputes under jurisdiction conferred by the Family Law Act.

District Court of New South Wales

Jurisdiction

The District Court is the intermediate Court in New South Wales and deals with

Criminal cases

The District Court handles most of the serious criminal cases that come before the courts in New South Wales. It has responsibility for indictable criminal offences, that is, serious criminal offences which are normally heard by a Judge and Jury but on occasions by a Judge alone.

The District Court does not deal with treason, piracy and murder.

Civil cases

In general, the District Court also handles civil cases where the amount being claimed is up to $750,000. The Court can deal with cases where larger amounts are involved if the parties to the case agree. The court can also deal with certain types of equitable claims or demands for recovery of money or damages to a maximum amount of $750,000. The court has an unlimited jurisdiction in claims for damages for personal injuries arising out of a motor vehicle accident. The Court also deals with cases under a number of Acts of Parliament such as the Property Relationships Act, The Family Provision Act and the Testators Family Maintenance and Guardianship of Infants Act.

Registry Services

The District Court Registry administers the sitting of the District Court and provides clients of the Court with registry services. These services include

• processing documents for civil and criminal proceedings,

• providing information on procedures for the Courts jurisdiction,

• maintaining and managing court records, and

• providing information and facilities for some alternative dispute resolution.

Publications

The District Court produces an Annual Review, which outlines the Courts performance and achievements over the calendar year.

A Strategic Plan has also been published by the Court. This plan sets out the goals of the court and the priorities for the future.

Introduction to the Federal Magistrates Service

The Federal Magistrates Service was established by the Commonwealth Parliament at the end of 1.

The service is established by the Federal Magistrates Act 1.

The service is an independent federal court under the Australian Constitution. When sitting as a court the Federal Magistrates Service uses the name Federal Magistrates Court of Australia. The establishment of the Federal Magistrates Service marked a change in direction in the administration of justice at the federal level in Australia. Australia had not previously had a lower level federal court although a considerable amount of federal law work had been done in state and territory courts of summary jurisdiction under the provisions of the Judiciary Act.

The jurisdiction of the Federal Magistrates Service includes family law and child support, administrative law, bankruptcy, unlawful discrimination, consumer protection law and privacy law. The service shares those jurisdictions with the Family Court of Australia and the Federal Court of Australia. Some work in those jurisdictions will continue to be done in state courts also.

The service is responsible for administering its own affairs and in the management of those affairs the Chief Federal Magistrate is assisted by the Chief Executive Officer. Although the legislation to establish the service was passed at the end of December 1, the Chief Federal Magistrate and the Chief Executive Officer were not appointed until February and March 000 and the first federal magistrates were appointed in June 000. The first sittings of the Federal Magistrates Service were on July 000 in Adelaide, Melbourne, Newcastle, Brisbane, Townsville, and Parramatta. The Federal Magistrates Service now also sits in Canberra, Launceston and Sydney with regular circuit sitting to a number of metropolitan and regional centres including Darwin and Dandenong.

The Federal Magistrates Service was established to provide a simpler and accessible service for litigants and to ease the workload of both the Family Court of Australia and the Federal Court of Australia. When the service has been fully established the Family Court of Australia and the Federal Court of Australia will focus on the more complex matters. While there is no strict indicator of complexity, a general guide is that less complex matters will require less than days court hearing time.

The establishment of the Federal Magistrates Service complemented the federal governments initiatives aimed at encouraging people to resolve disputes through primary dispute resolution. The service will be able to call on a range of means to resolve disputes and there will be no automatic assumption that every matter will end in a contested hearing. The use of conciliation counselling and mediation will be strongly encouraged in appropriate cases. The service will use community based counselling and mediation services as well as the existing counselling and mediation services of the Family and Federal Courts, providing as wide as possible choice for clients of the service.

The service shares its jurisdiction with the Federal Court of Australia and the Family Court of Australia. There are arrangements in the legislation for the transfer of matters between the courts. The arrangements enable a matter to be transferred to the court that is the most appropriate having regard to the complexity of the legal issues involved or the evidence in the matter.

FEDERAL COURT OF AUSTRALIA

ABOUT THE COURT

Court Administration

The Federal Court of Australia, created by the Federal Court of Australia Act 176, began to exercise its jurisdiction on 1 February 177. It assumed jurisdiction formerly exercised in part by the High Court of Australia and the whole of the jurisdiction of the Australian Industrial Court and of the Federal Court of Bankruptcy.

The Court is a superior court of record and a court of law and equity. It sits in all capital cities in Australia and elsewhere in Australia from time to time.

The Courts original jurisdiction is conferred by over 150 statutes of the Australian Parliament.

The Court exercises appellate jurisdiction over decisions of single judges of the Court, decisions of the Supreme Court of Norfolk Island, decisions of the Federal Magistrates Service in non-family law matters and certain decisions of Australian State Supreme Courts exercising federal jurisdiction.

The Chief Justice is responsible for managing the administrative affairs of the Court. The Chief Justice may delegate any of his administrative powers to judges. The Registrar may assist the Chief Justice by exercising powers on his behalf in relation to the Courts administrative affairs.

Mr. Warwick Soden is the Registrar of the Court. The Registrar is appointed by the Governor-General on the nomination of the Chief Justice. The Registrar has the same powers as the head of a Statutory Agency of the Australian Public Service in respect of the officers and staff of the Court employed under the Public Service Act 1.

The administration of the Court is assisted by committees of judges, which include the following committees

• Admiralty

• Assisted dispute resolution

• Audit

• Bankruptcy

• Corporations

• Equality and the law

• Federal Court Reports

• Finance

• Information technology

• Judicial education

• Library

• Management of appeals

• Native title coordination

• Practice and procedure

• Rules

• Security

• Transcript

Each committee is supported by staff of the Court and its role is defined by its terms of reference.

The officers and staff of the Court (other than the Registrar and some Deputy Sheriffs) are appointed or employed under the Public Service Act. On June 0 00 there were 81 persons employed Australia-wide as registry staff or as judges personal staff. Generally, judges have two personal staff members.

As a consquence of the Workplace Relations and other Legislation Amendment Act 16, the jurisdiction of the Industrial Relations Court of Australia was transferred to other Courts, mainly the Federal Court of Australia. On 5 May 17 the staff and resources of the Industrial Relations Court of Australia were transferred to the Federal Court of Australia.

The Court provides operational support to the Australian Competition Tribunal, Copyright Tribunal, Defence Force Discipline Appeal Tribunal and Federal Police Disciplinary Tribunal. This support includes the providion of registry services to accept and process documents for tribunal proceedings, collect tribunal fees (where payable), list matters for hearing, and to otherwise assist in the management and determination of proceedings.

• Australian Competition Tribunal

• Copyright Tribunal

• Defence Force Discipline Appeal Tribunal

• Federal Police Disciplinary Tribunal

The Registrars of the Tribunals, the Deputy Registrars and staff who assist in the tribunals' management are generally officers employed within the Federal Court of Australia.

Inquiries concerning the Tribunals may be made to the Registrar of the particular tribunal care of any Registry of the Federal Court of Australia.

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