Introduction to the Australian Court System

Australian law courtsAs per the Australian Constitution, the judiciary system apart from other facets of government. It is through the Constitution that the High Court of Australia was established. This gives parliament the right to create other federal courts but each state and each territory have its own court system powered by individual laws.

In Australia, the judiciary system is made up of judges who sit in federal courts and State or Territory courts. The High Court of Australia is the main or highest level of court and will listen to appeal matters for both the federal and state courts under their respective laws.

There are different courts that have different procedures and various characteristics. There are jurisdictions of all kinds which are handled by various courts within limits. They all have different powers to re-mediate matters and also have different court fees and costs.

The High Court includes the Federal Court of Australia, the Federal Circuit Court of Australia, as well as the Family Court of Australia. In the State courts, it is possible for the Federal courts to have jurisdiction there.

There are also Supreme Courts. In the states and territories, these are the superior courts that are capable of handling general and unlimited jurisdictions in their individual states or territories. Any matter regarding justice can be handled and tried in these courts.

The Family Court and Federal Court are also superior courts of record. This means that they have distinct procedural powers. The difference between these courts and the Supreme Court is that their subject matter or jurisdiction has to be granted by law.

There is a form of law called accrued jurisdiction. This means the Federal Court can rule on issues outside of jurisdiction as long as those matters are part of a larger matter that the court already has jurisdiction to handle.