37-537: The Supreme Court of Western Australia is the highest state court in the Australian State of Western Australia . It has unlimited jurisdiction within the state in civil matters (although it usually only hears matters involving sums of A$ 750,000 or more), and hears the most serious criminal matters. The Supreme Court consists of a General Division (equivalent to the Trial Division in other states) and
74-456: A larger controversy that the court does have jurisdiction over. The High Court has limited trial powers, but very rarely exercises them. It has ample power to transfer cases started there to another, more appropriate court, so that the High Court can conserve its energies for its appellate functions. Common law and equity are administered by the same courts, in a manner similar to that of
111-702: A specialist list in the Common Law Division known as the Commercial Court . The Supreme Court of Queensland has a similarly specialized docket known as the Commercial List. There is no single definition of the term 'superior court' (or 'superior court of record '). In many respects Australian superior courts are similar to the Senior Courts of England and Wales . In Australia, superior courts generally: Inferior courts are those beneath superior courts in
148-514: A supreme court, which is a superior court of record and is the highest court within that state or territory. These courts also have appeal divisions, known by various names across the country, including the full court , court of appeal, and court of criminal appeal. Decisions of the High Court are binding on all Australian courts, including state and territory supreme courts. State and territory courts can sometimes exercise federal jurisdiction (that is, decide federal matters). However, an attempt by
185-594: A variety of courts and tribunals at both the federal and State and Territory levels, with the High Court being the highest court in the Australian judicial system. A single body of Australian common law is applied in the various Australian courts, and ultimately determined by the High Court now that appeals to the (British) Judicial Committee of the Privy Council have been abolished. The High Court has described
222-530: Is currently constituted by the following judicial officers (in order of seniority): The Supreme Court building has considerable heritage significance in Western Australia. In 1899, a joint parliamentary committee was formed to decide on the location of the new court building with three sites being considered. The locations were a site in Irwin Street, the old Government Boys' School on St George's Terrace and
259-648: Is generally only granted in cases of public importance, matters involving the interpretation of the Commonwealth Constitution, or where the law has been inconsistently applied across the States and Territories. Therefore, in the vast majority of cases, the appellate divisions of the Supreme Courts of each State and Territory and the Federal Court are the final courts of appeal. Appeals from Australian courts to
296-499: Is split into two divisions: The Court operate under the leadership of one Chief Justice, supported by one Deputy Chief Judge who hold a dual commission to both Divisions of the Court. A second Deputy Chief Judge assists in the management of the general federal law and Fair Work jurisdictions of Division 2. Each state and territory has its own court hierarchy, with varying jurisdiction of each court. However, all states and territories have
333-838: Is used as dimension stone in the building industry and is both a commercial name as well as a stratigraphic name. Many public and private buildings in Western Australia feature Donnybrook stone. These include the facade and portico to the Parliament House building in West Perth, the General Post Office in Perth, the entry portal to the Fremantle Railway Station and the Police Courts building in Beaufort Street , Perth,
370-741: The Judicature Acts in the United Kingdom. Legal and equitable remedies may be pursued in the one action in the one court. Judges are appointed by the executive government, without intervention by the existing judiciary. Once appointed, judges have tenure and there are restrictions on their removal from office. For example, a federal judge may not be removed from office except by the Governor-General upon an address of both Houses of Parliament for proved misbehaviour. Judges in Australia are appointed by
407-533: The Privy Council were initially possible, however the Privy Council (Limitation of Appeals) Act 1968 closed off all appeals to the Privy Council in matters involving federal legislation, and the Privy Council (Appeals from the High Court) Act 1975 closed almost all routes of appeal from the High Court. The Australia Act 1986 eliminated appeals from State Supreme Courts to the Privy Council. Appeals from
SECTION 10
#1732852010081444-589: The States and Territories of Australia . The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matters of both federal and State law. The large number of courts in Australia have different procedural powers and characteristics, different jurisdictional limits, different remedial powers and different cost structures. Under the Australian Constitution ,
481-688: The Court of Appeal. The General Division deals with serious criminal matters, civil cases where the dispute is of a complex nature or the amount claimed is greater than A$ 750,000, criminal appeals from the Magistrates Court and appeals from other bodies such as the State Administrative Tribunal . The General Division sits in the David Malcolm Justice Centre for civil proceedings and the District Court of WA Building and
518-495: The Court of Criminal Appeal in 1911. The Supreme Court, Full Court and Court of Criminal Appeal were effectively the one court with each judge able to sit on cases in any of the courts. Plans to relocate the Court building were announced to the public in March 1901, after a parliamentary committee examined various options and decided on the current location on St George’s Terrace . A government decree that only local materials be used in
555-968: The Executive government of the relevant jurisdiction, and most judges have previously practised as a barrister . Federal judges may only serve until age 70. There is no constitutional limit on the length of service of state court judges, but state laws usually fix a retirement age. For example, in New South Wales, judges must retire at age 72, though they can remain as "acting judges" until age 76. Civil matters Court of Appeal ( NSW - NT ); Full Court ( SA - Tas ) Criminal matters Court of Criminal Appeal ( NSW - NT - SA - Tas ) No intermediate court (ACT - NI - NT - Tas) Local Court ( NSW - NT ); Court of Petty Sessions ( NI ) Minor claims division in Magistrates Court (SA - Tas - WA) Other tribunals ( ACT - NSW - NT - Qld - SA - Tas - Vic - WA ) The hierarchy consists of
592-815: The Federal Court. There is an appeal level of the Federal Court (the "Full Court" of the Federal Court), which consists of several judges, usually three but occasionally five in very significant cases. The Federal Circuit and Family Court of Australia is an inferior and intermediate court formed from the merger of the Family Court and the Federal Circuit Court with jurisdiction over matters broadly relating to family law and child support , administrative law , admiralty law , bankruptcy , copyright , human rights , industrial law , migration , privacy and trade practices . The Federal Circuit and Family Court
629-542: The High Court to the Privy Council are now only theoretically possible in inter se matters with leave of the High Court under section 74 of the Constitution; however, the High Court has indicated it will not grant such leave in the future. The Federal Court primarily hears matters relating to corporations, trade practices, industrial relations, bankruptcy, customs, immigration and other areas of federal law. The court has original jurisdiction in these areas, and also has
666-518: The Supreme Courts of the States, the Federal Circuit and Family Court and Federal Court are superior courts of record, which means that they have certain inherent procedural and contempt powers. But unlike their State counterparts, their subject-matter jurisdiction must be conferred by statute. Under the doctrine of "accrued jurisdiction", the Federal Court can, however, rule on issues outside its explicit jurisdiction, provided that they are part of
703-480: The appellate hierarchy, and are generally seen to include the magistrates' and district (or county) court of each State as well as the Federal Circuit and Family Court . Inferior courts are typically characterised by: These courts among them have jurisdiction over Commonwealth law, that is, law made by the Federal parliament of Australia. The High Court is the highest court in the Australian judicial hierarchy. It
740-559: The building. Another change was the slate roof, when a galvanized roof was installed instead saving £5,425. Originally, the grand foyer was to be painted in colours reflecting those of the glass domes, but again shortage of funds dictated the substitution of whitewash. The foyer was more appropriately redecorated to celebrate the Court’s centenary in 2003. On 11 July 2016, the Supreme Court's Registry and General Division (Civil) relocated from
777-448: The concept of a superior court (and associated 'notions derived from the position of pre- Judicature common law courts') as having 'no ready application in Australia to federal courts.' Despite this, Australian courts are frequently characterised as either ' superior ' or 'inferior.' The Federal Court and the supreme courts of each State and Territory are generally considered to be superior courts. The Supreme Court of Victoria includes
SECTION 20
#1732852010081814-473: The construction caused difficulties and delays, culminating in a Royal Commission in 1902. Finally, the new building was officially opened on 8 June 1903, by newly-arrived Governor, Sir Frederick Bedford . In 2004 the Full Court and the Court of Criminal Appeal were subsumed by the Court of Appeal, which, while still a division of the Supreme Court, has judges which sit solely on appeal cases. The Supreme Court
851-463: The court hierarchy and civil and administrative tribunals of the Australian states and territories follows here: Donnybrook stone Donnybrook stone is a fine to medium-grained feldspathic and kaolinitic sandstone found near the town of Donnybrook, Western Australia . It originates from the early Cretaceous (144-132 MYA ) and features shale partings and colour variations which range from white to beige and pink. Donnybrook stone
888-536: The current site. After a decision was made and a contract awarded for £55,888 11s 3p to RP Vincent and Sons in February 1901, an announcement was made to the public during March of that year. The foundation stone was laid on 2 June 1902 and would open on 8 June 1903 with WA Governor Sir Frederick Bedford present as was the Chief Justice Sir Edward Stone and the full court. The two-storey brick building
925-656: The exclusive jurisdiction to admit solicitors and barristers to practice in the Western Australian jurisdiction, upon meeting the educational and practice requirements set by the Legal Practice Board of Western Australia . The current Chief Justice of the Supreme Court is the Honourable Chief Justice Peter Quinlan SC who was appointed to the position in August 2018. The Supreme Court
962-636: The facts of a case, provided that the particular court has jurisdiction to hear the principal cause of action. Most of the states have two further levels of courts, which are comparable across the country. The district court (or County Court in Victoria ) handles most criminal trials for less serious indictable offences, and most civil matters below a threshold (usually around $ 1 million). The magistrates' court (or local court) handles summary matters and smaller civil matters. In jurisdictions without district or county courts, most of those matters are dealt with by
999-781: The full Federal Court. As these territories have very small populations, the courts only sit from time to time as needed. The remaining external territories (including Antarctica) do not have permanent courts. In the event of a case arising from these territories, the courts of the ACT have jurisdiction. All the states and territories, with the exception of Tasmania, have a civil and administrative tribunal. These hear cases relating to lesser state or territory administrative disputes (involving some individual, business or government body). These commonly involve actions by persons bound to act pursuant to some form of devolved legislation ; such as environmental regulations or rental tenancy regulations. A table of
1036-651: The judicial power of the Commonwealth is vested in the High Court of Australia and such other federal courts as may be created by the federal Parliament. These courts include the Federal Court of Australia and the Federal Circuit and Family Court of Australia . Federal jurisdiction can also be vested in State courts. The Supreme Courts of the States and Territories are superior courts of record with general and unlimited jurisdiction within their own State or Territory. Like
1073-519: The latter of which is constructed entirely of Donnybrook stone. Gold was found in Donnybrook in the mid-1890s and was being mined there in late 1898. There was controversy regarding its usage in the early twentieth century. There were up to eight quarries producing Donnybrook stone in and around the town in the 1930s. Most of these have since closed, however, in 1981 the Goldfields Quarry on
1110-673: The original Supreme Court Building for criminal proceedings. The Court of Appeal hears both civil and criminal appeals from cases in the General Division, the District Court and the State Administrative Tribunal. It sits in the original Supreme Court Building. When required, Supreme Court judges may also constitute the Industrial Appeal Court and sit as a Court of Disputed Returns . The Supreme Court holds
1147-543: The original Supreme Court Building to the new David Malcolm Justice Centre located at 28 Barrack Street which is immediately north of the State Buildings complex. (Alphabetical list of bankruptcy files held by the State Archives. Covers the period 1857–1928). Australian court hierarchy [REDACTED] [REDACTED] The judiciary of Australia comprises judges who sit in federal courts and courts of
Supreme Court of Western Australia - Misplaced Pages Continue
1184-410: The power to hear appeals from a number of tribunals and other bodies (and, in cases not involving family law, from the Federal Circuit and Family Court of Australia .) The court is a superior court of limited jurisdiction, but below the High Court of Australia in the hierarchy of federal courts, and was created by the Federal Court of Australia Act in 1976. Decisions of the High Court are binding on
1221-523: The states and the Commonwealth to pass legislation that would cross-vest state judicial powers in the federal courts was struck down by the High Court in Re Wakim; Ex parte McNally , as being unconstitutional. Notwithstanding this failure, however, both state and federal courts can exercise an "accrued jurisdiction," which enables them to hear all legal issues arising from a single set of facts. This enables all courts to deal with virtually all issues arising from
1258-432: The supreme courts. In Tasmania and the two mainland territories, however, there is only a magistrates' court below the Supreme Court. In three external territories ( Norfolk Island , Christmas Island , and Cocos (Keeling) Islands ) there is a supreme court and a magistrates' court or court of petty sessions. The supreme courts are staffed by judges of other courts, usually the Federal Court. Appeals from those courts lie to
1295-488: Was created by section 71 of the Constitution . It has appellate jurisdiction over all other courts. It also has original jurisdiction in certain matters, including powers of judicial review. The High Court of Australia is paramount to all federal courts. Further, it has an constitutionally entrenched general power of appeal from the Supreme Courts of the States. Appeals to the High Court are by special leave only, which
1332-677: Was designed by John Harry Grainger (father of Percy Grainger ), Chief Architect with the Public Works Department of Western Australia. It is designed in the Federation Academic Classical style: a style that was often used for major public buildings of the time. The original design called for only local materials to be used with Donnybrook stone , Meckering granite and jarrah wood the choice. Stuccoed cement had to be substituted when insufficient quantities of Donnybrook stone of identical texture and colour were lacking for
1369-466: Was established on 18 June 1861 when the Court of Quarter Sessions (a criminal court for serious matters) and the Civil Court were amalgamated. Sir Archibald Burt was the first Chief Justice of the court. The Full Court of the Supreme Court was established in 1886 to decide both criminal and civil appeals. In 1893 the criminal appeals were transferred to the Court of Appeal which was then reconstituted as
#80919