Federal Court Of Australia
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Federal Court Of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indictable (more serious) criminal matters. Cases are heard at first instance by single judges. The court includes an appeal division referred to as the Full Court comprising three judges, the only avenue of appeal from which lies to the High Court of Australia. In the Australian court hierarchy, the Federal Court occupies a position equivalent to the supreme courts of each of the states and territories. In relation to the other courts in the federal stream, it is superior to the Federal Circuit and Family Court of Australia for all jurisdictions except family law. It was established in 1976 by the Federal Court of Australia Act. The Chief Justice of the Federal Court is James Allsop. Jurisdiction The Federal Court has no inherent jurisdicti ...
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Melbourne
Melbourne ( ; Boonwurrung/Woiwurrung: ''Narrm'' or ''Naarm'') is the capital and most populous city of the Australian state of Victoria, and the second-most populous city in both Australia and Oceania. Its name generally refers to a metropolitan area known as Greater Melbourne, comprising an urban agglomeration of 31 local municipalities, although the name is also used specifically for the local municipality of City of Melbourne based around its central business area. The metropolis occupies much of the northern and eastern coastlines of Port Phillip Bay and spreads into the Mornington Peninsula, part of West Gippsland, as well as the hinterlands towards the Yarra Valley, the Dandenong and Macedon Ranges. It has a population over 5 million (19% of the population of Australia, as per 2021 census), mostly residing to the east side of the city centre, and its inhabitants are commonly referred to as "Melburnians". The area of Melbourne has been home to Aboriginal ...
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Supreme Court Of The Australian Capital Territory
The Supreme Court of the Australian Capital Territory is the highest court of the Australian Capital Territory (ACT). It has unlimited jurisdiction within the territory in Civil law (common law), civil matters and hears the most serious Criminal law, criminal matters. The court has the jurisdictional power to hear matters that relate to the Jervis Bay Territory, the Australian Antarctic Territory and the Heard Island and McDonald Islands, although it has never heard a case exercising its power over the Heard and McDonald Islands. It also hears matters on appeal from the Magistrates Court of the Australian Capital Territory. Whilst the Supreme Court is the highest Australian Capital Territory court in the Australian court hierarchy, an appeal by special leave can be made to the High Court of Australia. Matters of appeal can also be submitted to the ACT Court of Appeal, which is constituted by members of the Supreme Court. The Supreme Court consists of 5 permanent judges, includi ...
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Law Courts Building, Sydney
The Law Courts Building is a building on Queen's Square in Sydney, Australia. It is the seat of the Supreme Court of New South Wales, as well as parts of the Federal Court of Australia and the High Court of Australia. Building The building is 114 metres tall, with 30 floors to house 34 state and 27 federal courtrooms, and was built in 1976, with the NSW Government and Commonwealth Government sharing the costs of construction. It was designed by Peter Johnson of the prominent architectural firm, McConnell Smith & Johnson, with an emphasis on making courts more 'humane' and accessible in their design. History The first proposal for a Law Courts Building in Sydney was made in 1938, with a building planned that was to be long, wide, and with three towers, the tallest being . This would have involved demolishing the Parliament House, the Sydney Hospital, as well as the Sydney Mint. The courts commenced operation from 17 January 1977 and the Law Courts Building was officially ...
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Commonwealth Law Courts
The Harry Gibbs Commonwealth Law Courts Building (often known simply as the Commonwealth Law Courts) contains the Queensland registries of the High Court of Australia and the Federal Court of Australia; and the Brisbane registries of the Family Court of Australia, Federal Circuit Court of Australia and the Administrative Appeals Tribunal. It is located at 119 North Quay in the Brisbane CBD. The 13-storey building, designed by John Grealy, contains 33 courtrooms and 29 judge's chambers, as well as administration and prisoner holding facilities. The Commonwealth Law Courts' formal entrance is on North Quay, with a 25m-wide stairway leading from the street to an eight-storey atrium. The working entrance is located on Tank Street. The building is named after former Chief Justice of Australia, Harry Gibbs Sir Harry Talbot Gibbs, (7 February 191725 June 2005) was Chief Justice of the High Court of Australia from 1981 to 1987 after serving as a member of the High Court between ...
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Anthony North
Anthony Max North is a retired Australian judge, who served as a Judge of the Federal Court of Australia from 3 October 1995 until 11 September 2018. He held appointments as a Judge of the Supreme Court of the Australian Capital Territory and the Industrial Relations Court of Australia. North graduated as Bachelor of Laws and Bachelor of Arts from the University of Melbourne. In 1973 he served as associate to Sir Ninian Stephen, then a Judge of the High Court of Australia. He graduated as Master of Laws from the University of London in 1975. In 1976 he was admitted to the Victorian Bar. He held the part-time statutory appointment as Defence Force Advocate between 1993 and 1995. He retired from the Court in September 2018. In 2019 North was appointed by the Governor of Victoria as Chair of the Victorian Law Reform Commission. See also *List of Judges of the Federal Court of Australia *List of judges of the Industrial Relations Court of Australia *List of Judges of the Supreme ...
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Commonwealth Conciliation And Arbitration Commission
The Australian Industrial Relations Commission (AIRC), known from 1956 to 1973 as the Commonwealth Conciliation and Arbitration Commission and from 1973 to 1988 as the Australian Conciliation and Arbitration Commission, was a tribunal with powers under the Workplace Relations Act 1996 (and equivalent earlier legislation) that existed from 1956 until 2010. It was the central institution of Australian labour law. The AIRC replaced a previous system of industrial courts, which broadly speaking, was engaged in the same functions, but with superior independence and powers. History Commonwealth Court of Conciliation and Arbitration and the ''Boilermakers'' decision The Commonwealth Court of Conciliation and Arbitration, a court created in 1904 to hear and arbitrate industrial disputes, and to make awards, was abolished in 1956 following the decision of the High Court in '' the Boilermakers' case''. The High Court held that the Court of Conciliation and Arbitration, as a tribunal ex ...
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Separation Of Powers In Australia
The separation of powers in Australia is the division of the institutions of the Australian government into legislative, executive and judicial branches. This concept is where legislature makes the laws, the executive put the laws into operation, and the judiciary interprets the laws; all independently of each other. The term, and its occurrence in Australia, is due to the text and structure of the Australian Constitution, which derives its influences from democratic concepts embedded in the Westminster system, the doctrine of "''responsible government''" and the United States version of the separation of powers. However, due to the conventions of the Westminster system, a strict separation of powers is not always evident in the Australian political system, with little separation between the executive and the legislature, with the executive required to be drawn from, and maintain the confidence of, the legislature; a fusion.. The first three chapters of the Australian Constitu ...
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Chapter III Court
In Australian constitutional law, Chapter III Courts are courts of law which are a part of the Australian federal judiciary and thus are able to discharge Commonwealth judicial power. They are so named because the prescribed features of these courts are contained in Chapter III of the Australian Constitution. Separation of powers in Australia The doctrine of separation of powers refers to a system of government whereby three aspects of government powerlegislative power, executive power, and judicial powerare vested in separate institutions. This doctrine holds that abuse of power can be avoided by each arm of government acting as a check on another. In Australia, this separation is implied in the structure of the Constitution. Chapter I outlines legislative powerthe making, altering or repealing of laws; Chapter II outlines executive powerthe general and detailed carrying on of governmental functions; Chapter III outlines judicial powerthe interpretation of law, and adjudication ...
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Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Christopher Horan KC and Paul Vout KC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Roshan Chaile * Ella Delany * Bora Kaplan * Rudi Kruse * James McComish * William Newland * Alistair Pound SC * Daniel Reynolds * Alexander Solomon-Bridge * Julia Wang * Michael Wells * Jillian Williams * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented on and cited ...
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R V Kirby; Ex Parte Boilermakers' Society Of Australia
''R v Kirby; Ex parte Boilermakers' Society of Australia'',. known as the ''Boilermakers' Case'', was a 1956 decision of the High Court of Australia which considered the powers of the Commonwealth Court of Conciliation and Arbitration to punish the Boilermakers' Society of Australia, a union which had disobeyed the orders of that court in relation to an industrial dispute between boilermakers and their employer body, the Metal Trades Employers' Association. The High Court held that the judicial power of the Commonwealth could not be vested in a tribunal that also exercised non-judicial functions. It is a major case dealing with the separation of powers in Australian law. Background Separation of Powers The High Court had consistently held that the judicial power of the Commonwealth could not be exercised by any body except a court established under Chapter III of the Constitution or a state court invested with federal jurisdiction. This was because the separation of judici ...
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Industrial Relations Court Of Australia
The Industrial Relations Court of Australia was a short-lived Chapter III Court whose jurisdiction was transferred from the Federal Court in 1994, and transferred back in 1997.. In the words of former Chief Justice Robert French, "The tide went in, the tide went out". Every judge had a concurrent appointment in the Federal Court. Despite the transfer of jurisdiction, any existing matter or appeal from an existing matter remained in the Industrial Relations Court of Australia, with the result that the last case was not finally disposed of until 2005/6. The Court was not to be abolished until after the last judge had retired. The last judge to retire was Anthony North on 11 September 2018. The court was formally abolished on 1 March 2021. The court was the latest in a line of specialist federal courts dealing with industrial relations matters, being the Commonwealth Court of Conciliation and Arbitration (1904–1956), whose court and arbitration functions were divided as a result ...
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Commonwealth Industrial Court
The Commonwealth Industrial Court, known as the Australian Industrial Court from 1973, was a specialist court to deal with industrial matters, principally the enforcement of Industrial award, awards and orders of the Commonwealth Conciliation and Arbitration Commission. Over time it took on more matters and its judges were allocated a wide range of judicial tasks until it was replaced in 1977 by the Federal Court of Australia which had a more general jurisdiction covering matters arising under Australian federal law. Background From 1904 until 1956 the Commonwealth Court of Conciliation and Arbitration had exercised both arbitration functions, hearing and settling interstate industrial disputes by making awards,Pursuant to the (xxxv). and judicial functions such as interpreting and enforcing those awards. In the ''Boilermaker's case'',. Affirmed on appeal ; . the High Court of Australia, High Court held that a tribunal could not create new rights such as making an award, the ar ...
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