What is the jurisdiction of the High Court of Australia?

What is the jurisdiction of the High Court of Australia?

The Court’s jurisdiction is broad, covering almost all civil matters arising under Australian federal law and some summary and indictable criminal matters. Central to the Court’s civil jurisdiction is s 39B(1A)c of the Judiciary Act 1903 (Cth).

What are the jurisdiction of the High Court Division?

Jurisdiction of the High Court Division Article 101 of the Constitution provides that the High Court Division shall have such original, appellate and other jurisdictions, powers and functions as are or may be conferred on it by the Constitution or any other law.

What is the High Court original jurisdiction?

Original jurisdiction means the High Court will be the first to court to hear the matter. The Court can also send proceedings back to lower courts via remittal; and may receive requests for rulings on particular issues (usually constitutional issues) arising in lower court proceedings via removal procedures.

What type of jurisdiction does Australia have?

Jurisdiction exercised by Australian courts is either federal jurisdiction or state or territory jurisdiction. Federal jurisdiction is the authority to exercise the judicial power of the Commonwealth. State or territory jurisdiction is the authority to exercise the judicial power of a State or Territory.

Which is the highest court in Australia?

Australia’s federal courts

  • High Court of Australia. is the highest court and the final court of appeal in Australia.
  • Federal Court of Australia.
  • Family Court of Australia.
  • Federal Circuit Court of Australia.

Can I go straight to high court?

Can you go straight to a High Court writ of control without first applying for a County Court warrant of control after a CCJ? Yes you can. Once the time period specified in the judgment for payment, normally 14 days, has expired, you can transfer up your judgment for enforcement by an HCEO under a writ of control.

What is the source of power of High Court Division?

The Jurisdiction of the High Court Division The appellate and revisional powers are from the judgments and orders of the District Judges, Joint District Judges, Sessions Judges , Special Tribunals, Special Judges, Artha Rin Adalats, Druta Bichar Tribunals, and Bankruptcy Courts etc.

What cases apply to original jurisdiction?

Article III, Section II of the Constitution establishes the jurisdiction (legal ability to hear a case) of the Supreme Court. The Court has original jurisdiction (a case is tried before the Court) over certain cases, e.g., suits between two or more states and/or cases involving ambassadors and other public ministers.

What are the 3 types of jurisdiction?

There are three types of jurisdictions:

  • Original Jurisdiction– the court that gets to hear the case first.
  • Appellate Jurisdiction– the power for a higher court to review a lower courts decision.
  • Exclusive Jurisdiction– only that court can hear a specific case.

What is the hierarchy of courts in Australia?

Australian court hierarchy

General federal law
Apex court High Court of Australia
Superior courts (appellate jurisdiction) Full Court of the Federal Court of Australia
Superior courts (trial jurisdiction) Federal Court of Australia
Intermediate courts Federal Circuit Court of Australia (does not hear WA family law matters)