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Government of Western Australia. (n.d.). District Court. https://www.districtcourt.wa.gov.au/
Australia's legal system
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This article outlines the relationship between the Australian Parliament and federal courts, including the separation of powers, sources of law and key High Court of Australia cases that have impacted on the powers of the Australian Parliament.
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The Constitution deliberately confers great independence on the federal courts of Australia. At the same time the Parliament plays a considerable role in the creation of courts, investing other courts with federal jurisdiction, prescribing the number of justices to be appointed to a particular court, and so on. In the scheme of the Constitution, the courts and the Parliament provide checks and balances on each other.
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The Court decides disputes according to law - promptly, courteously and effectively contributing to the economic and social wellbeing of all Australians.
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This website has links to: The Court’s general federal law jurisdiction that includes administrative law, admiralty law, bankruptcy, consumer law (formerly trade practices), human rights, industrial, intellectual property and privacy.
Australia's High Court
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The High Court is the highest court in the Australian judicial system. It was established in 1901 by Section 71 of the Constitution.
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A short documentary on the High Court of Australia.
Case law and doctrine
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... a range of landmark cases, spanning from Indigenous land rights, to clashes between territory and Commonwealth, to the David-vs-Goliath legal struggles of refugees.
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Over hundreds of years judges have been deciding cases. Their decisions have developed a body of legal principles known as 'common law' or 'case law' that is declared by judges.
To celebrate the 20th anniversary of the High Court's decision in the MABO case, Message Stick has produced 480: MABO - a 5 x 8' mini-documentary series which looks back over the history of land rights, Eddie Mabo and his role in a landmark decision made by the courts that overturned the legal doctrine of terra nullius.
Criminal and civil courts
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Conduct constituting family violence may form the basis of a protection order as well as grounds for a criminal prosecution. In these cases, civil family violence laws can interact with criminal law.
The programme focuses on the differences between criminal and civil law. It begins with a brief description of legal and non-legal rules. It examines what constitutes a criminal act, the difference between a summary and indictable offence and the principles of criminal liability. The programme discusses civil law and its purpose in society while looking at the two major branches of civil law, Law of Torts and Law of Contract and how to decide whether a situation is part of criminal law or civil law or both.
This programme discusses the differences between criminal and civil procedures. It focuses on the role the Magistrates Court plays in dealing with summary and indictable offences and the trial procedure in the County Court. It looks at the purpose of pre-trial civil procedures in exposing all evidence in order to reach an out-of-court settlement. How civil disputes are resolved and how this differs from that of a criminal trial. The programme concludes, comparing the different outcomes that are available to a judge in a criminal dispute and to a judge or jury in a civil dispute.