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Melbourne Magistrates' Court

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23-578: The Melbourne Magistrates' Court is the largest venue at which the Magistrates' Court of Victoria sits. It is a court in Melbourne , Victoria, Australia that deals with, and dispenses of, a range of criminal and civil matters, including criminal prosecutions, money claims and disputes up to $ 100,000, and family violence and family law proceedings . In 1995, the Melbourne Magistrates Court

46-672: A Deed of Apology was signed for the treatment of Aboriginal peoples , which tied in with National Sorry Day actions, by the Chief Magistrate and Principal Registrar on behalf of the Magistrates' Court of Victoria. The deed was received at the Wangaratta courthouse by Wally Cooper. In 2000, Chief Magistrate of the Court Michael Adams was forced to stand down on 31 October after claims that he harassed female members of his court. This

69-593: A State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. United States Constitution Article III, §3, cl. 2 In the federal court system and those of most U.S. states , there are several types of trial courts. That is, there are several specialized courts with original jurisdiction over specific types of matters, and then

92-619: A court with original jurisdiction over anything not reserved to more specialized courts. Not all "trial courts" exclusively exercise original jurisdiction. Indeed, in both the federal and most state court systems, the trial courts of " general jurisdiction " hear appeals from trial courts of limited original jurisdiction; many states call these courts " superior courts " for this reason. For example, United States district courts hear appeals from their bankruptcy courts (which operate as quasi-independent units of district courts but are constitutionally separate Article I tribunals ). Similarly,

115-409: A metal detector upon entry. Bathrooms are located on all floors – caution recommended for those located on the busier floors (i.e. 1 and 3). The Court often takes a lunch break between 1:00pm to 2:00pm. Wait-times are a regular criticism, as a case may be called at any time between 9:00am to 4:30pm, reading materials are recommended. The court features 4 busy elevators commonly ferrying visitors among

138-478: A raised bench for seating the sitting magistrate and a clerk and sometimes a dock for housing defendants in custody. Many Victorian magistrates' courts have video link facilities for witnesses to appear via remote video conference rather than in person and is used for when witnesses cannot travel or the prisoner is unable to travel to court in person. The Magistrates' Court of Victoria hears many different types of cases, such as: Magistrates are appointed by

161-517: Is also able to hear various pre-trial criminal procedures, including bail applications and committal hearings . Decisions of the Magistrates' Court may be appealed to the County Court , with the Supreme Court also able to hear a limited number of appeals on questions of law. A typical courtroom layout consists of a witness box , a public gallery , the bar table (at which the parties sit),

184-497: Is used for lectures. 37°48′48″S 144°57′23″E  /  37.813365°S 144.956403°E  / -37.813365; 144.956403 Magistrates%27 Court of Victoria The Magistrates' Court of Victoria is the lowest court in the Australian state of Victoria . The court possesses original jurisdiction over summary offences and indictable offences heard summarily , as well as civil claims up to $ 100,000. It

207-521: The Constitution of India grants original jurisdiction to the Supreme Court on all cases involving the enforcement of fundamental rights of citizens. It is empowered to issue directions, orders or writs, including writs like habeas corpus , mandamus , prohibition, quo warranto and certiorari to enforce them. The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by

230-560: The Attorney General after receiving expressions of interest from Australian lawyers and are appointed as members of the Victims of Crime Assistance Tribunal (VOCAT), which is a separate and independent statutory entity which determines claims for compensation made by victims of crime and their families. Although the current court was established by the Magistrates' Court Act 1989 ( Victoria ), Victoria has had magistrates since 1836, when

253-594: The District Court, and a third Emergency Court. A feature of the District Court is a wooden canopy over the seat upon which the Magistrate sits. This canopy was taken from old Supreme Court which had originally been located at the site. The Court relocated to its current address on William Street in 1995. Since then, the Old Magistrates' Court Building has been annexed as part of RMIT University , as Building 20, and

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276-594: The High Court concerned under Article 132(1), 133(1) or 134 of the Constitution in respect of any judgement, decree or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Indian Constitution. The Supreme Court has special advisory jurisdiction in matters that may specifically be referred to by the president of India under Article 143 of

299-909: The Indian Constitution. In the United States, courts having original jurisdiction are referred to as trial courts . In certain types of cases, the U.S. Supreme Court has original jurisdiction concurrently with lower courts. The original jurisdiction of the U.S. Supreme Court is governed by Article III, Section 2 of the United States Constitution and Title 28 of the United States Code, section 1251 . Most commonly, original jurisdiction cases involve suits between states as parties, usually over territorial or water rights disputes. The United States Constitution defines Original Jurisdiction thus: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which

322-509: The first time, as opposed to appellate jurisdiction , when a higher court has the power to review a lower court's decision. In India , the Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to all cases between the Government of India and the States of India or between Government of India and states on one side and one or more states on

345-667: The largest courtrooms in the building, often used to hear matters featuring accused persons in custody. The ground floor also features a General Enquiries counter. A battery of police cells are situated on floors beneath the court building. Limited public access is allowed only by appointment. Legal practitioners are permitted to speak with persons being held in custody. Visitors and parties are advised to arrive well in advance of their scheduled court time, to allow for delays proceeding through security and to account for elevator wait-time. Visitors are expected to surrender all loose items and bags to an x-ray scan, and pass their bodies through

368-419: The multiple floors, along with a stairwell. Smoking is not permitted in the stairwell, or anywhere else inside or within 5 metres of the building – ash-trays are located on public bins along William Street. Public water fountains and vending machines situated on each floor. Although the current court was established by the Magistrates' Court Act 1989 ( Victoria ), Victoria has had magistrates since 1836, when

391-763: The new City Court was opened at Russell Street in Melbourne and Phillip Blashki JP was the first Chairman of the City Court Bench. The then Prime Minister, Alfred Deakin , presented Blashki with an illuminated address signed by 30 of the court's solicitors when he retired, aged 70. Police magistrates were able to sit in on Petty Court sessions, but generally two or three Justice of the Peace were required for cases to be heard. The Court of Petty Sessions, also originally attended to matters under 20 pounds, and even criminal matters, like drunkenness and minor assaults. On 29 May 2000,

414-454: The new City Court was opened at Russell Street in Melbourne and Phillip Blashki JP was the first Chairman of the City Court Bench. The then Prime Minister, Alfred Deakin , presented Blashki with an illuminated address signed by 30 of the court's solicitors when he retired, aged 70. On January 20, 1914, three courts were opened on the corners of LaTrobe and Russell streets: the City Court,

437-432: The other side or cases between different states. Original jurisdiction is related to cases directly brought to the Supreme Court. Cases that require the interpretation of the constitution or cases relating to the denial of fundamental rights are heard in the Supreme Court. In case there is a dispute between two or more states or between the union and the states, the Supreme Court decides such cases. In addition, Article 131 of

460-561: The people of Melbourne elected an arbitrator of the city to resolve minor disputes. Captain William Lonsdale , a police magistrate, was appointed in 1836 and the first case was heard at a location near the present site of Southern Cross station (formerly Spencer Street station). In 1838, a third court, the Court of Petty Sessions was created. By 1890, all three types of courts were held at 235 locations throughout Victoria. On 20 January 1914,

483-421: The people of Melbourne elected an arbitrator of the city to resolve minor disputes. Captain William Lonsdale , a police magistrate, was appointed in 1836 and the first case was heard at a location near the present site of Southern Cross station . In 1838, a third court, the Court of Petty Sessions was created. By 1890, all three types of courts were held at 235 locations throughout Victoria. On 20 January 1914,

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506-425: Was relocated to 233 William Street, Melbourne which it remains to date. The building is divided into eight floors, the first six of which are accessible to the public. Court hours are 9:00am through 4:30pm, with a one hour lunch break between 1:00pm to 2:00pm. The court is also open on weekends and after hours for limited urgent police matters. Ground Floor – Upon passing through security, the ground floor hosts 2 of

529-403: Was reported on The 7.30 Report and also in the Melbourne newspapers, resulting in the extraordinary vote . The Chief Magistrate is currently Justice Lisa Hannan. The Chief Executive Officer is Andrew Tenni. The Principal Registrar is Simone Shields. Original jurisdiction In common law legal systems, original jurisdiction of a court is the power to hear a case for

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