Accrued jurisdiction

{{Use dmy dates, date=June 2018 Accrued jurisdiction within the context of the

Australian legal system The legal system of Australia has multiple forms. It includes a written constitution, unwritten constitutional conventions, statutes, regulations, and the judicially determined common law system. Its legal institutions and traditions are sub ...

is the power held over state matters by federal courts. Accrued

jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jur ...

will occur when there are several cases brought to the Federal Court of Australia (FCA) where there are competing

s between them. In essence the state vests judicial authority in the federal court providing that a number of requirements are met. A claim that is based on a state law for example can be heard in a federal court depending on: # the actions done by respective parties # the relationship between the parties # the

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

s which attach

rights Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical the ...

or liabilities to the conduct and relationship of parties # whether the different claims arise under the same subject matter # whether the different claims are so related that the determination of one depends on the other The above test is applied by the court and a decision reached as to whether the court has accrued jurisdiction. A convenient example of this process is outlined in the case ''Re Wakim; Ex parte McNally'' (1999) HCA where there is a conflict between state and federal jurisdictions. In this particular case it was held that accrued jurisdiction did exist but had it not the FCA would have been acting unconstitutionally had it proceeded hearing the case. Law of Australia Jurisdiction