Commerce Court & Bill

How is Australia’s court system divided?

Into federal and state systems

Where is the court system set out?

Constitution 1901, outlines jurisdiction of law-making

What type of system does Australia’s court system use?

Adversarial and Appellate systems

What powers does the federal government have?

Executive powers over trade, defence, immigration, currency, marriage, postal services and taxation

What powers do state governments have

Residual powers - areas not looked at in Constitution (school, transport, roads, hospitals, police, housing)

What does appellate jurisdiction mean?

The power of a court to hear appeals from lower courts

When can an appeal be heard?

If new information is available or the legal process wasn’t followed correctly.

Name the main federal courts

Federal Court of Australia, Family Court

Name state courts in NSW

Local Court NSW —> District Court NSW —> Supreme Court NSW —> High Court of Australia

Name specialist courts in NSW

Land & Environment Court, Children’s Court, Coroner’s Court, Drug Court of NSW, Industrial Court of NSW

What types of cases does the High Court of Australia hear?

Constitutional matters and disputes between states

What cases does the Supreme Court of NSW hear?

Murder, treason, piracy

What cases does the District Court of NSW hear?

Rape, armed robbery, fraud

What cases does the Local Court of NSW hear?

Bail applications, minor road offences, drunk & disorderly, breach of contracts, small money issues

Who presides over the LOCAL court?

A Magistrate (no jury)

What is the maximum prison sentence the LOCAL court can give?

<2 years

What is the civil claim limit in Local Court?

<$100 000

What hearings start in Local Court

All committal hearings

Who presides over District Court Cases?

A judge, sometimes with a jury

How many people are in a criminal and civil jury?

Criminal 12, Civil 6

What types of cases are heard in District Court?

Indictable matters + civil cases between $100 000 - $750 000

What is the District court also known as?

The first appellate court

What kind of jurisdiction does the Supreme Court have?

Trial and appellate jurisdiction

What cases does it hear?

Indictable offences + civil disputes >$750 000

What does the Court of Appeal handle?

Indictable criminal cases and land/environment cases

Who sits in the Court of Appeal

A panel of 3 judges.

What does the Land & Environment Court hear?

Development, planning, environmental offences (illegal dumping, land clearing)

What does the Children’s Court handle?

Matters involving under 18s

What does the Drug Court aim to do?

Provide long-term solutions for offenders eith drug-related crime cycles.

What does the Federal Court handle?

Violations of federal law - taxation, consumer protection, business breaches.

What does the Family Court handle?

Divorce, seperation, child custody, property after relationship breakdown.

Highest court of Australia?

The High Court of Australia

What powers does the High Court have?

Final appeals, constitutional matters, disputes between state and federal governments, Commonwealth being sued.

How many judges in the High Court?

Chief Justice + 6 other judges = 7

What is civil/private law about?

How individuals interact + their rights/duties.

What are the 4 mains torts?

Negligence, Defamation, Nuisance, Trespass.

What is criminal law?

Law to keep society safe, orderly and deal with crime.

What are the 6 types of crime?

Offences against a person, offences against property, economic/white-collar, public order, preliminary and regulatory.

Two elements of crime?

Actus Reus (Act) + Mens Rea (Intention)

Who decides to prosecute in criminal cases

The state of Crown

What is administrative law?

Deals with government department decisions (can be reviewed by courts).

What is constitutional law?

Rules of governing the country + powers of parliament + citizens’ rights

What is industrial law?

Rights and obligation of employers and employees

Who is the defendant in a criminal case

the accused

who is the prosecutor in criminal matters

represents the government in criminal matters

Who is the plaintiff in a civil case

person who brings the case

who is the defendant in a civil case?

The individual, company or institution being sued.

What is the standard of proof in civil law?

balance of probabilities

what is the standard of proof in criminal law?

beyond of reasonable doubt

What is a bill?

a proposal for a new law or change to an exisitng one

8 steps for passing a bill?

1. Bill discussed in cabinet

2. Government lawyers draft bill

3. First reading = House of Reps read it

4. Second reading = minister explains, debate and vote

5. Committee stage = detailed debate, possible changes

6. Third reading = vote —> if passed goes to senate

7. Senate repeats steps 3-6. If approved —> governor general

8. Royal Assent —> bill become an Act of Parliament.

Who gets asked to be a juror and who is exempt

People on the electoral roll (citizens), the exemptions include doctors, police officers, lawyers, people at hardship and carers.

Difference between majority and unanimous verdict?

Majority Verdict: most jurors agree, not everyone

Unanimous Verdict: everyone agrees.

Hung jury and how does it effect the trial?

When the jury cannot reach a final verdicts. Trial ends with no verdict hence the judge can declare a mistrial or retrial.

Advantages of Jury?

• Cross section of society’s values and attitudes

• reduces possibility of corruption

• more than one person determines the verdict

Disadvantages of juries?

• doesn’t know all legal technicities

• easily persuaded by clever lawyers

• form prejudices

• don’t give reasons for their decisions

Common Law

Made by judges/courts, when statute law doesn’t regulate case. (built from cases)

Statute law?

laws made by parliament. (written in books)

law of reports?

Documentation of past court decisions, stored so precedents can be applied.

precedent?

Application of a past court decision in future cases with similar facts.

Two branches of law

Public and Private

Branches of public law?

industrial, constitutional, administrative, criminal law.

Branches of Private/Civil law?

Tort, contract, property, family law.

What’s negligence?

when a person fails to take care, causing injury in themselves or others

What is defamation?

harming reputation

nuisance?

unreasonable interference with another’s rights for quiet enjoyment of their property.

trespass?

person inteferes with another’s land.

What is contract law?

set of laws concerned with legal agreement between parties. one can be sued if breaches contract.

family law?

regulates family relationship. sets outs rules for getting married and de facto.

What is property law?

Recognises two broad types of propert: real (land & buildings) and personal (goods & services we purchase) property. provides regulations about sale, leasing and hiring.

tort law?

deals with situations when one party infringes the rights of another causing distress or injury.

What does the counsel of defence do?

represents defendant. civil: convince judge that accused is not at fault. criminal: guilty: lessen punishment | innocent: convince that they are innocent.

Main parties in court?

Judge, magistrate, juror, prosecutor, counsel for defence.

What is the difference between solicitors and barristers?

• Solicitors: First point of contact, give legal advice, prepare documents, handle most legal work outside of court, sometimes represent clients in lower courts.

• Barristers: Specialist courtroom advocates, usually hired by solicitors for big/complex cases, argue in higher courts, question witnesses, persuade judges/juries.

Who do the different parties in criminal and civil cases use?

• Prosecutor (criminal): Usually a government barrister — no solicitor needed because the DPP prepares the case.

• Defence (criminal): Solicitor for preparation + barrister for court → the barrister acts as the “counsel for the defence.”

• Plaintiff/Defendant (civil): Both can use solicitors and barristers depending on the seriousness of the case.