Warden's Court
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Warden's Court
A warden's court is a special court established to deal with disputes relating to mining and mineral tenements. It is presided over by a mining warden. Historically all Australian states had warden's courts, which were established in the late 19th century during the Australian gold rushes. However, in several states the position of mining warden has been abolished or had its powers reduced. New South Wales The warden's courts of New South Wales were courts established to deal with issues and disputes concerning mining claims under the ''Mining Act 1992'' (NSW). Matters are now heard before the Land and Environment Court of New South Wales. History Mining has had a long history in the state, dating to the late 1800s. In 1874, the colonial government provided for the establishment of wardens courts to regulate and adjudicate upon various matters and disputes that commonly occur concerning mining. The Governor of New South Wales could also appoint mining wardens. Generally, these w ...
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Tenement (law)
{{Wiktionary, tenement A tenement (from the Latin tenere ''to hold''), in law, is anything that is held, rather than owned. This usage is a holdover from feudalism, which still forms the basis of property law in many common law jurisdictions, in which the monarch alone owned the allodial title to all the land within his kingdom. Under feudalism, land itself was never privately "owned" but rather was "held" by a tenant (from Latin ''teneo'' "to hold") as a fee, being merely a legal right over land known in modern law as an estate in land. This was held from a superior overlord, (a mesne lord), or from the crown itself in which case the holder was termed a tenant-in-chief, upon some manner of service under one of a variety of feudal land tenures. The thing held is called a tenement, the holder is called a tenant, the manner of his holding is called a tenure, and the superior is called the landlord, or lord of the fee. These forms are still preserved in law, even though feudalism its ...
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Australian Gold Rushes
During the Australian gold rushes, starting in 1851, significant numbers of workers moved from elsewhere in Australia and overseas to where gold had been discovered. Gold had been found several times before, but the colonial government of New South Wales (Victoria did not become a separate colony until 1 July 1851) had suppressed the news out of the fear that it would reduce the workforce and so destabilise the economy. After the California Gold Rush began in 1848, many people went there from Australia, so the New South Wales government sought approval from the British Colonial Office for the exploitation of mineral resources, and offered rewards for finding gold. History of discovery The first gold rush in Australia began in May 1851 after prospector Edward Hargraves claimed to have discovered payable gold near Orange, at a site he called Ophir. Hargraves had been to the Californian goldfields and had learned new gold prospecting techniques such as panning and cradling. H ...
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Land And Environment Court Of New South Wales
The Land and Environment Court of New South Wales is a court within the Australian court hierarchy established pursuant to the to hear environmental, development, building and planning disputes. The Court’s jurisdiction, confined to the state of New South Wales, Australia, includes merits review, judicial review, civil enforcement, criminal prosecution, criminal appeals and civil claims about planning, environmental, land, mining and other legislation. History The Court was established on 1 April 1980 as the world's first environmental court that was also a superior court of record. A Parliamentary review in 2001 noted "It is evident that there is some dissatisfaction within sections of the community about the role and operations of the Court". Structure and jurisdiction The Court is a superior court of record. It consists of a Chief Judge, severals Judges, and Commissioners. The New South Wales Court of Criminal Appeal and the New South Wales Court of Appeal, both divi ...
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Governor Of New South Wales
The governor of New South Wales is the viceregal representative of the Australian monarch, King Charles III, in the state of New South Wales. In an analogous way to the governor-general of Australia at the national level, the governors of the Australian states perform constitutional and ceremonial functions at the state level. The governor is appointed by the king on the advice of the premier of New South Wales, and serves in office for an unfixed period of time—known as serving ''At His Majesty's pleasure''—though five years is the general standard of office term. The current governor is retired jurist Margaret Beazley, who succeeded David Hurley on 2 May 2019. The office has its origin in the 18th-century colonial governors of New South Wales upon its settlement in 1788, and is the oldest continuous institution in Australia. The present incarnation of the position emerged with the Federation of Australia and the ''New South Wales Constitution Act 1902'', which defined t ...
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Local Court Of New South Wales
The Local Court of New South Wales is the lowest court in the judicial hierarchy of the Australian state of New South Wales. Formerly known as the Court of Petty Sessions and the Magistrates Court, there are more than 160 branches across New South Wales where the Local Court has jurisdiction to deal with the majority of minor civil and criminal matters. Matters are heard before a single magistrate sitting without a jury, addressed as "Your Honour" or "Sir" (but no longer "Your worship"). The Local Court has no jurisdiction for claims in equity. On appeal, matters may be heard by the District Court of New South Wales including appeals against the sentence or conviction decided in the Local Court. The Chief Magistrate of the Local Court is Judge Peter Johnstone, former President of the NSW Children's Court, who was appointed in September 2021. Judge Johnstone succeeded Judge Graeme Henson, appointed in 2006. History In 1788, following the landing of the First Fleet and establis ...
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Minister For Mineral Resources (New South Wales)
Minister may refer to: * Minister (Christianity), a Christian cleric ** Minister (Catholic Church) * Minister (government), a member of government who heads a ministry (government department) ** Minister without portfolio, a member of government with the rank of a normal minister but who doesn't head a ministry ** Shadow minister, a member of a Shadow Cabinet of the opposition ** Minister (Austria) * Minister (diplomacy), the rank of diplomat directly below ambassador * Ministerialis, a member of a noble class in the Holy Roman Empire * ''The Minister'', a 2011 French-Belgian film directed by Pierre Schöller See also * Ministry (other) * Minster (other) *''Yes Minister ''Yes Minister'' is a British political satire sitcom written by Antony Jay and Jonathan Lynn. Comprising three seven-episode series, it was first transmitted on BBC2 from 1980 to 1984. A sequel, ''Yes, Prime Minister'', ran for 16 episodes fr ...
'' {{disambiguation ...
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Appellate Court
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 ordina ...
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Supreme Court Of Queensland
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 law (common law), civil matters involving claims of more than 750,000; criminal law, 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 guilt (law), 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 of Queensland, 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 ...
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Coroner
A coroner is a government or judicial official who is empowered to conduct or order an inquest into Manner of death, the manner or cause of death, and to investigate or confirm the identity of an unknown person who has been found dead within the coroner's jurisdiction. In medieval times, English coroners were Crown officials who held financial powers and conducted some judicial investigations in order to counterbalance the power of sheriffs or bailiffs. Depending on the jurisdiction, the coroner may adjudge the cause of death personally, or may act as the presiding officer of a special court (a "coroner's jury"). The term ''coroner'' derives from the same source as the word ''Crown (headgear), crown''. Duties and functions Responsibilities of the coroner may include overseeing the investigation and certification of deaths related to mass disasters that occur within the coroner's jurisdiction. A coroner's office typically maintains death records of those who have died within th ...
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Court Of Record
A court of record is a trial court or appellate court in which a record of the proceedings is captured and preserved, for the possibility of appeal. A court clerk or a court reporter takes down a record of oral proceedings. That written record (and all other evidence) is preserved at least long enough for all appeals to be exhausted, or for some further period of time provided by law (for example, in some U.S. states, death penalty statutes provide that all evidence must be preserved for an extended period of time). Most courts of record have rules of procedure (see rules of evidence, rules of civil procedure, and rules of criminal procedure) and therefore they require that most parties be represented by counsel (specifically, attorneys holding a license to practice law before the specific tribunal). In contrast, in courts not of record, oral proceedings are not recorded, and the judge makes his or her decision based on notes and memory. In most "not of record" proceedin ...
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Stipendiary Magistrate
Stipendiary magistrates were magistrates that were paid for their work (they received a stipend). They existed in the judiciaries of the United Kingdom and those of several former British territories, where they sat in the lowest-level criminal courts. United Kingdom England and Wales Stipendiary magistrates sat in the magistrates' courts of England and Wales, alongside unpaid 'lay' magistrates, generally hearing the more serious cases. In London, stipendiary magistrates were known as metropolitan stipendiary magistrates. Until 1949, they were known as metropolitan police magistrates. There was also a Chief Metropolitan Stipendiary Magistrate for London, with additional administrative duties. In August 2000, stipendiary magistrates, including metropolitan stipendiary magistrates, were replaced by the new role of district judge (magistrates' courts). There is also now a Senior District Judge (Chief Magistrate). Scotland Stipendiary magistrates were the most junior judg ...
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Barmote Court
A barmote court (also written bergjisote, barghmote, bargemote and barmoot) is a court held in the lead mining districts of Derbyshire, England, for the purpose of determining the customs peculiar to the industry and also for the settlements of any disputes which may arise in connection with it. History The barmote courts were set up in 1288, their jurisdiction extending to both the crown lands of the Duchy of Lancaster and those under individual ownership, comprising seven clearly defined districts. Great barmote courts with wider powers were in place by the fifteenth century, meeting at Easter and Michaelmas. The courts had twenty-four jurors, and were run by the barmaster and a steward. An appeal from the jurisdiction of the courts lies by way of certiorari, removing proceedings to the Queen's Bench Division of the High Court of Justice. Noting that "the Mineral Laws and Customs of the King's Field ... ereuncertain and undefined, and ... in many respects inapplicable to the p ...
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