41-832: The Supreme Court of the Australian Capital Territory is the highest court of the Australian Capital Territory (ACT). It has unlimited jurisdiction within the territory in civil matters and hears the most serious criminal matters. The court has the jurisdictional power to hear matters that relate to the Jervis Bay Territory , the Australian Antarctic Territory and the Heard Island and McDonald Islands , although it has never heard
82-522: A courtroom , and the building as a courthouse ; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the court is known as its jurisdiction (from Latin iūrisdictiō , from iūris , "of the law ", + dīcō , "to declare", + -tiō , noun-forming suffix ), the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone 's Commentaries on
123-536: A Court of Petty Sessions in 1930. In November 1932, Cabinet considered a report dealing with contemporary arrangements involving Territory courts. The report noted the High Court and Court of Petty Sessions, and that there had been a recent trial use of a visiting judge to hear criminal and civil matters. What was needed, the report said, was for the Territory to have its own Supreme Court. This would relieve
164-451: A defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary . The place where a court sits is known as a venue . The room where court proceedings occur is known as a courtroom , and the building as a courthouse ; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to
205-562: A jury . The word court comes from the French cour , an enclosed yard, which derives from the Latin form cōrtem , the accusative case of cohors , which again means an enclosed yard or the occupants of such a yard. The English word court is thus a descendant of the Latin word hortus from Ancient Greek χόρτος ( khórtos ) (meaning "garden", hence horticulture and orchard), both referring to an enclosed space. The meaning of
246-423: A legal remedy . It is also usual in the superior courts to have barristers, and attorneys or counsel, as assistants, though, often, courts consist of additional barristers, bailiffs , reporters , and perhaps a jury . Jurisdiction is defined as the official authority to make legal decisions and judgements over a person or material item within a territory. "Whether a given court has jurisdiction to preside over
287-488: A body of law by combining local customs they were made aware of through traveling and visiting local jurisdictions. This common standard of law became known as "Common Law". This legal tradition is practiced in the English and American legal systems . In most civil law jurisdictions, courts function under an inquisitorial system . In the common law system, most courts follow the adversarial system . Procedural law governs
328-723: A case exercising its power over the Heard and McDonald Islands. It also hears matters on appeal from the Magistrates Court of the Australian Capital Territory . Whilst the Supreme Court is the highest Australian Capital Territory court in the Australian court hierarchy , an appeal by special leave can be made to the High Court of Australia . Matters of appeal can also be submitted to the ACT Court of Appeal , which
369-409: A feature of Walter Burley Griffin 's plan for the city. The park is surrounded by Vernon Circle , at the south end of Northbourne Avenue , but beyond Vernon Circle it is further surrounded by the concentric London Circuit , and the area between Vernon Circle and London Circuit (which is partly built up) can also be seen as part of the hill. City Hill is an integral part of the city centre design. To
410-430: A given case" is a key question in any legal action. Three basic components of jurisdiction are personal jurisdiction over an individual or thing ( rēs ), jurisdiction over the particular subject matter ( subject-matter jurisdiction ) and territorial jurisdiction . Jurisdiction over a person refers to the full authority over a person regardless of where they live, jurisdiction over a particular subject matter refers to
451-406: A judge, decide the types of cases which a magistrate will hear. Civil matters may be commenced by the filing of an originating application or originating process. Criminal matters are commenced when they persons are committed to trial or sentence by the Magistrates Court of the Australian Capital Territory . Appeals to the court may come from several sources including the Magistrates Court and
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#1732773186457492-621: A judicial assembly is first attested in the 12th century, and derives from the earlier usage to designate a sovereign and his entourage, which met to adjudicate disputes in such an enclosed yard. The verb "to court", meaning to win favor, derives from the same source since people traveled to the sovereign's court to win his favor. The term the court is used to refer to the presiding officer or officials, usually one or more judges . The judge or panel of judges may also be collectively referred to as "the bench " (in contrast to attorneys and barristers , collectively referred to as "the bar "). In
533-547: A number of acting and additional judges. The Supreme Court Act also provides for the appointment of an Associate Judge (previously called the Master), though this position has been vacant since its most recent holder, Verity McWilliam, was elevated to the bench in 2023. From 2007 until 2015, there was also a President of the Court of Appeal. The position was left vacant after its only holder, Justice Malcolm Gray, retired in 2011 and
574-508: A time. The court can be constituted by a single judge alone or with a jury. An appeal from the associate judge or from a single judge is heard by the court sitting as the ACT Court of Appeal constituted by three judges. An appeal from the Magistrates Court of the Australian Capital Territory is heard by a single judge. The Chief Justice is responsible for the prompt discharge of the court’s business, and may, in consultation with
615-581: Is constituted by members of the Supreme Court. The Supreme Court consists of 5 permanent judges, including the chief justice of the Australian Capital Territory (as of 2022, Lucy McCallum ), 1 associate judge , 11 additional judges and 4 acting judges. The court has three main administrative units: Registry, Sheriff's Office and the Russell Fox Library. The court is located on Knowles Place near London Circuit at Civic , in Canberra , in
656-478: Is necessary for the administration of justice in the Territory", including both civil and criminal jurisdiction. It also covers matters relating to corporation law , adoptions and probate . The court also conducted divorce proceedings , but only until 1975, when the Family Court of Australia assumed responsibility for this function. In addition to possessing jurisdictional power with respect to matters in
697-495: The reus or defendant , who is called upon to make satisfaction for it; and the jūdex or judicial power, who is to examine the truth of the fact, determine the law arising upon that fact, and, if any injury appears to have been done, ascertain and by its officers apply a legal remedy . It is also usual in the superior courts to have barristers, and attorneys or counsel, as assistants, though, often, courts consist of additional barristers, bailiffs , reporters , and perhaps
738-530: The ACT Supreme Court (Transfer) Act 1992 (Cth) came into effect. By 2006, the Supreme Court comprised a Chief Justice, three resident judges and (since 1958) additional judges otherwise appointed to the Federal Court of Australia as well as a Master of the Court. In 2015, the title of the office of Master of the Supreme Court was changed to Associate Judge. It was announced in 2017 that
779-664: The Seat of Government Acceptance Act 1909 . Territory officials relied on the Queanbeyan , Goulburn and Cooma courts. On 12 December 1925, the Federal Capital Commission wrote to the Department of Home Affairs and Territories about developing a system for the administration of justice in the Territory. It would be another five years, however, before any decisive action was taken, with the establishment of
820-479: The ACT Civil and Administrative Tribunal . Court A court is any person or institution , often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil , criminal , and administrative matters in accordance with the rule of law . The practical authority given to the court is known as its jurisdiction ,
861-426: The Australian Capital Territory , the Court also has the jurisdictional power to hear matters that relate to the Jervis Bay Territory , the Australian Antarctic Territory and the Heard Island and McDonald Islands , although it has never exercised that power. It also hears matters on appeal from the Magistrates Court of the Australian Capital Territory. The court consists of a Chief Justice, six resident judges, and
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#1732773186457902-414: The administration of justice in civil , criminal , and administrative matters in accordance with the rule of law . In both common law and civil law legal systems , courts are the central means for dispute resolution , and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present
943-692: The finders of fact (these are known as jury trials ) or trials in which judges act as both finders of fact and finders of law (in some jurisdictions these are known as bench trials ). Juries are less common in court systems outside the Anglo-American common law tradition. Appellate courts are courts that hear appeals of lower courts and trial courts. Some courts, such as the Crown Court in England and Wales, may have both trial and appellate jurisdictions. The two major legal traditions of
984-550: The ACT Law Courts building would be expanded as the Supreme Court was experience capacity issues. In 2019, stage one of the renovations were completed. Not only did the renovations bring the Magistrates Court and the Supreme Court into the same building, it added several new courtrooms and modernised facilities. Stage two and the renovations of the original ACT Law Courts building is due to be completed in coming years. The court has "all original and appellate jurisdiction that
1025-538: The High Court of its jurisdiction in respect of the Territory and provide an intermediate court of appeal between the High Court and Court of Petty Sessions. Cabinet approved the recommendation on 7 December 1932. The Supreme Court of the Federal Capital Territory was established on 1 January 1934 by the Seat of Government Supreme Court Act 1933 (Cth). The first judge of the Supreme Court
1066-495: The Laws of England , a court (for civil wrongs ) is constituted by a minimum of three parties: the āctor or plaintiff , who complains of an injury done; the reus or defendant , who is called upon to make satisfaction for it; and the jūdex or judicial power, who is to examine the truth of the fact, determine the law arising upon that fact, and, if any injury appears to have been done, ascertain and by its officers apply
1107-517: The Parliamentary triangle. At the centre of the hill is a flagpole flying the ACT flag since 1989 when the territory became self-governing. Immediately surrounding the flagpole are double staggered rows of closely spaced Roman cypresses (Cupressus sempervirens Stricta) . Radiating outwards are twelve oval shaped groups of Roman cypresses and six groups of Monterey pines (Pinus radiata) reinforcing
1148-531: The Supreme Court were heard by a full bench of the Federal Court of Australia. The judges of the Supreme Court were usually also Federal Court judges and it was "the usual practice" that at least one sit on appeals to that court. Following the establishment of self-government in 1989, the court remained under Commonwealth administration until its transfer to the ACT Government on 1 July 1992, when
1189-468: The United States, the legal authority of a court to take action is based on personal jurisdiction over the parties to the litigation and subject-matter jurisdiction over the claims asserted. The system of courts that interprets and applies the law is collectively known as the judiciary . The place where a court sits is known as a venue . The room where court proceedings occur is known as
1230-686: The authority over the said subject of legal cases involved in a case, and lastly territorial jurisdiction is the authority over a person within an x amount of space. Other concepts of jurisdiction include general , exclusive , appellate , and (in the United States federal courts ) diversity jurisdiction . Courts may be organized into a hierarchy of courts and have specific jurisdiction and include specialized courts . Trial courts are courts that hold trials . Sometimes termed "courts of first instance", trial courts have varying original jurisdiction . Trial courts may conduct trials with juries as
1271-462: The court is known as its jurisdiction (from Latin iūrisdictiō , from iūris , "of the law ", + dīcō , "to declare", + -tiō , noun-forming suffix ), the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone 's Commentaries on the Laws of England , a court (for civil wrongs ) is constituted by a minimum of three parties: the āctor or plaintiff , who complains of an injury done;
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1312-470: The court's power to decide certain kinds of questions or petitions put to it. There are various kinds of courts, including trial courts that hold trials and appellate courts that hear appeals . Two major legal traditions of the western world are the civil law courts and the common law courts. A court is any person or institution , often as a government institution, with the authority to adjudicate legal disputes between parties and carry out
1353-643: The end of the eleventh century and became a foundation for university legal education starting in Bologna, Italy and subsequently being taught throughout continental European universities. Civil law is firmly ensconced in the French and German legal systems . Common law courts were established by English royal judges of the King's Council after the Norman Invasion of Britain in 1066. The royal judges created
1394-489: The judicial system and are generally private arbitrators , are depicted within the court show genre; however, the courts depicted have been criticized as misrepresenting real-life courts of law and the true nature of the legal system. Notable court shows include: City Hill, Canberra City Hill is a park located in Canberra , Australia , on one of the points of the Parliamentary Triangle ,
1435-549: The new ACT Law Courts building that it shares with the Magistrates Court. When the Federal Capital Territory was created in 1911, all existing laws applicable in New South Wales applied equally to the new Territory. The Commonwealth soon began the implementation of a series of ordinances for the Territory's governance. In the early years, Territory justice was enacted through the provisions of
1476-752: The rules by which courts operate: civil procedure for private disputes (for example); and criminal procedure for violation of the criminal law. In recent years, international courts are being created to resolve matters not covered by the jurisdiction of national courts. For example, the International Criminal Court , based in The Hague , in the Netherlands, or the Court of Permanent Lok Adalat (Public Utility Services), based in India. Television show courts, which are often not part of
1517-400: The south of the hill Northbourne Avenue becomes Commonwealth Avenue , and further along is Commonwealth Avenue bridge. The hill was planted in 1921. The design, supervised by Charles Weston , Canberra's first Superintendent of Parks and Gardens, was to emphasise the vistas along the six avenues radiating from the hill and reinforce the focus that Griffin placed on the hill as forming part of
1558-535: The symmetrical nature of the design. In 2014, the Canberra Centenary Column was added to the park, to commemorate Canberra's centenary. The park is centrally located and well-known, but it is underutilised as it is away from shops and public areas and is difficult to access because it is surrounded by a major road. The prominent flagpole at the centre of Vernon Circle is not actually at the highest point of City Hill. The highest point of City Hill
1599-413: The western world are the civil law courts and the common law courts. These two great legal traditions are similar, in that they are products of western culture, although there are significant differences between the two traditions. Civil law courts are profoundly based upon Roman law , specifically a civil body of law entitled Corpus Juris Civilis . This theory of civil law was rediscovered around
1640-583: Was Lionel Lukin , who served from 1934 to 1943, and the court's first sitting was on 12 February 1934 at Acton House (the building was demolished in 1940). The court moved to the Hotel Acton in early 1935, then to the new Patent Office in Barton in 1941, and then to the Law Courts Building on the western side of City Hill , on 8 May 1963. From its creation in 1976 until 2002, appeals from
1681-468: Was formally abolished in 2015 due to "the existing overlap with the functions of the Chief Justice". All judges are appointed by the Territory government. Additional judges are judges of other courts, usually the Federal Court, who hold their appointment to the Supreme Court in addition to their other appointments. Acting judges are judges appointed on a temporary basis, for a maximum of one year at