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Queensland Supreme Court
The Supreme Court of Queensland is the highest court in the Australian State of Queensland. It was formerly the Brisbane Supreme Court, in the colony of Queensland. The original jurisdiction of the Supreme Court allows its trial division to hear civil matters involving claims of more than 750,000; criminal matters involving serious offences (including murder and manslaughter); and matters arising under the ''Corporations Act 2001'' (Cth) and cross-vesting legislation. A jury decides whether the defendant is guilty or not guilty. The division also hears all civil matters involving amounts of more than 750,000. A jury may decide these disputes. The appellate jurisdiction of the Supreme Court allows its Court of Appeal to hear cases on appeal from the District Court, the trial division of the Supreme Court, and a number of other judicial tribunals in Queensland. Decisions made by the Supreme Court may be taken on appeal to the High Court of Australia in Canberra only by a grant o ...
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Queen Elizabeth II Courts Of Law, Brisbane
The Queen Elizabeth II Courts of Law, also referred to as the Brisbane Supreme and District Court, is a court building located at 415 George Street in Brisbane, Queensland, Australia. Location and features Completed in 2012 as a purpose-built building for the Supreme Court of Queensland and the District Court of Queensland, the building together with the adjacent Brisbane Magistrates Court building created a legal precinct in Brisbane, which occupies an entire city block between George Street, Roma Street and Turbot Street. Both buildings are located adjacent to the Roma Street railway station and King George Square busway station. The complex, shared between both courts, features enhanced facilities for victims of crime, witnesses, judges, lawyers and members of the public. It is one of the largest court buildings in Australia and includes 39 courtrooms, 1 large ceremonial court, Queensland Court of Appeal, 23 criminal courts and 14 civil courts, the Supreme Court Library, a ...
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Original Jurisdiction
In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India 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 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 the Constitution of India grants original jurisdiction to the Supr ...
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John Clements Wickham
John Clements Wickham (21 November 17986 January 1864) was a Scottish explorer, naval officer, magistrate and administrator. He was first lieutenant on during its second survey mission, 1831–1836, under captain Robert FitzRoy. The young naturalist and geologist Charles Darwin was a supernumerary on the ship, and his journal was published as ''The Voyage of the Beagle''. After that expedition, Wickham was promoted to Commander and made captain of the ''Beagle'' on its third voyage, from 1837 and conducted various maritime expeditions and hydrographic surveys along the Australian coastline. In 1843, after his retirement from the Royal Navy, Wickham was made Police Magistrate and, later, Government Resident of the Moreton Bay District, in the Colony of New South Wales (NSW). Wickham retired in 1859, when the Moreton Bay District was separated from NSW, forming basis of the Colony of Queensland. When the Queensland and NSW governments disagreed over which was responsible ...
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New South Wales
) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , established_date = Colony of New South Wales , established_title2 = Establishment , established_date2 = 26 January 1788 , established_title3 = Responsible government , established_date3 = 6 June 1856 , established_title4 = Federation , established_date4 = 1 January 1901 , named_for = Wales , demonym = , capital = Sydney , largest_city = capital , coordinates = , admin_center = 128 local government areas , admin_center_type = Administration , leader_title1 = Monarch , leader_name1 = Charles III , leader_title2 = Governor , leader_name2 = Margaret Beazley , leader_title3 = Premier , leader_name3 = Dominic Perrottet (Liberal) , national_representation = Parliament of Australia , national_representation_type1 = Senat ...
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Separation Of Queensland
The Separation of Queensland was an event in 1859 in which the land that forms the present-day State of Queensland in Australia was excised from the Colony of New South Wales and created as a separate Colony of Queensland. History European settlement of Queensland began in 1824 when Lieutenant Henry Miller, commanding a detachment of the 40th Regiment of Foot, founded a convict outpost at Redcliffe. The settlement was transferred to the north bank of the Brisbane River the following year and continued to operate as a penal establishment until 1842, when the remaining convicts were withdrawn and the district opened to free settlement. By then squatters had already established themselves on the Darling Downs, far distant from the seat of the New South Wales government in Sydney. Agitation soon commenced for the creation of a separate northern colony which could look after local interests, with the clamour being no less apparent in the fledgling township of Brisbane. In the vangua ...
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Queensland State Archives
The Queensland State Archives is the lead agency for public recordkeeping in Queensland, Australia. It is the custodian of the largest and most significant documentary heritage collection about Queensland. Established in 1959, Queensland State Archives promotes the implementation of appropriate recordkeeping principles and practices across public authorities and regulates the retention and disposal of public records. Queensland State Archives develops recordkeeping policy and provides advice to public authorities on the management of public records and facilitates access to information about government for the people of Queensland. Under sections 24 and 25 of the Public Records Act 2002, Queensland State Archives has a range of functions and powers including the ability to: * Issue standards regulating the creation, management, disposal, storage and preservation of government records * Conduct research and provide advice to public authorities about the making, managing and pre ...
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Canberra
Canberra ( ) is the capital city of Australia. Founded following the federation of the colonies of Australia as the seat of government for the new nation, it is Australia's largest inland city and the eighth-largest city overall. The city is located at the northern end of the Australian Capital Territory at the northern tip of the Australian Alps, the country's highest mountain range. As of June 2021, Canberra's estimated population was 453,558. The area chosen for the capital had been inhabited by Indigenous Australians for up to 21,000 years, with the principal group being the Ngunnawal people. European settlement commenced in the first half of the 19th century, as evidenced by surviving landmarks such as St John's Anglican Church and Blundells Cottage. On 1 January 1901, federation of the colonies of Australia was achieved. Following a long dispute over whether Sydney or Melbourne should be the national capital, a compromise was reached: the new capital would be buil ...
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Appellate Jurisdiction
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinaril ...
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Guilt (law)
In criminal law, guilt is the state of being responsible for the commission of an offense. Legal guilt is entirely externally defined by the state, or more generally a "court of law". Being "guilty" of a criminal offense means that one has committed a violation of criminal law, or performed all the elements of the offense set out by a criminal statute. The determination that one has committed that violation is made by an external body (a "court of law") after the determination of the facts by a finder of fact or “factfinder” (i.e. a jury) and is, therefore, as definitive as the record-keeping of the body. For instance, in the case of a bench trial a judge acts as both the court of law and the factfinder, whereas in a jury trial the jury is the trier of fact and the judge acts only as the trier of law. Thus, the most basic definition is fundamentally circular: a person is guilty of violating a law if a factfinder in a court of law so says. Philosophically, guilt in criminal ...
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Jury
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty or Judgment (law), judgment. Juries developed in England during the Middle Ages and are a hallmark of the English common law system. As such, they are used by the United Kingdom, the United States, Canada, Ireland, Australia, and other countries whose legal systems were derived from the British Empire. But most other countries use variations of the European Civil law (legal system), civil law or Islamic sharia, sharia law systems, in which juries are not generally used. Most trial juries are "petit juries", and usually consist of twelve people. Historically, a larger jury known as a grand jury was used to investigate potential crimes and render indictments against suspects. All common law countries except the United States and Liberia hav ...
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Corporations Act 2001
The ''Corporations Act 2001'' (Cth) is an Act of the Parliament of Australia, which sets out the laws dealing with business entities in the Commonwealth of Australia. The company is the Act's primary focus, but other entities, such as partnerships and managed investment schemes, are also regulated. The Act is the foundational basis of Australian corporate law, with every Australian state having adopted the Act as required by the Australian Constitution. The Act is the principal legislation regulating companies in Australia. It regulates matters such as the formation and operation of companies (in conjunction with a constitution that may be adopted by a company), duties of officers, takeovers and fundraising. Background Constitutional basis Australian corporate law was the subject of a successful legal challenge in the High Court of Australia in ''New South Wales v Commonwealth'' (1990) ('The Corporations Act Case'). In that case, the Commonwealth was found to have insuf ...
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Manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC. The definition of manslaughter differs among legal jurisdictions. Types Voluntary In voluntary manslaughter, the offender had intent to kill or seriously harm, but acted "in the moment" under circumstances that could cause a reasonable person to become emotionally or mentally disturbed. There are mitigating circumstances that reduce culpability, such as when the defendant kills only with an intent to cause serious bodily harm. Voluntary manslaughter in some jurisdictions is a lesser included offense of murder. The traditional mitigating factor was provocation; however, others have been added in various jurisdictions. The most common type of voluntary manslaughter occurs when a defendant is provoked to commit homicide. This i ...
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