56-606: The District Court of Queensland (QDC) is the second tier in the court hierarchy of Queensland , Australia. The Court deals with serious criminal offences such as rape, armed robbery and fraud. Juries are used to decide if defendants are guilty or not guilty. The original court was established in 1866 to ease the workload of the Supreme Court of Queensland . However, in 1921 the Queensland Parliament decided District Courts were no longer necessary and
112-564: A governor , appointed by the monarch (currently King Charles III ), which by convention he does on the advice of the state premier. The Administrator of the Northern Territory, by contrast, is appointed by the governor-general . The Australian Capital Territory has neither a governor nor an administrator. Instead, since the enacted of the Australian Capital Territory (Self-Government) Act 1988 (Cth) ,
168-648: A mainland coastline of 32,994 kilometres (20,502 mi) and claims an exclusive economic zone of about 8,200,000 square kilometres (3,200,000 sq mi). At Federation in 1901, what is now the Northern Territory was within South Australia, what are now the Australian Capital Territory and Jervis Bay Territory were within New South Wales, and Coral Sea Islands was part of Queensland. Ashmore and Cartier Islands
224-733: A specialist list in the Common Law Division known as the Commercial Court . The Supreme Court of Queensland has a similarly specialized docket known as the Commercial List. There is no single definition of the term 'superior court' (or 'superior court of record '). In many respects Australian superior courts are similar to the Senior Courts of England and Wales . In Australia, superior courts generally: Inferior courts are those beneath superior courts in
280-750: A state or internal territory. Excluding the Heard Island and McDonald Islands and the Australian Antarctic Territory (which are governed by the Department of Climate Change, Energy, the Environment and Water ), the external territories are governed by the federal Department of Infrastructure, Transport, Regional Development, Communications and the Arts . Norfolk Island had its own legislature from 1979 to 2015. Each state
336-573: A supreme court, which is a superior court of record and is the highest court within that state or territory. These courts also have appeal divisions, known by various names across the country, including the full court , court of appeal, and court of criminal appeal. Decisions of the High Court are binding on all Australian courts, including state and territory supreme courts. State and territory courts can sometimes exercise federal jurisdiction (that is, decide federal matters). However, an attempt by
392-613: A variety of courts and tribunals at both the federal and State and Territory levels, with the High Court being the highest court in the Australian judicial system. A single body of Australian common law is applied in the various Australian courts, and ultimately determined by the High Court now that appeals to the (British) Judicial Committee of the Privy Council have been abolished. The High Court has described
448-547: Is a successor to historical British colonies , and each has its own constitution. The Australian Capital Territory (ACT) and Northern Territory for the most part operate indistinguishably from the states (for example, both have representation in the Parliament since 1948 and in the Senate since 1975), even though they do not have constitutional status as states and territorial legislation can be overridden. Surrounded by
504-476: Is called the "legislative assembly", except in South Australia and Tasmania, where it is called the "house of assembly". Tasmania is the only state to use proportional representation for elections to its lower house; all others elect members from single member constituencies, using preferential voting . The upper house is called the "legislative council" and is generally elected from multi-member constituencies using proportional representation. Along with Queensland,
560-677: Is generally only granted in cases of public importance, matters involving the interpretation of the Commonwealth Constitution, or where the law has been inconsistently applied across the States and Territories. Therefore, in the vast majority of cases, the appellate divisions of the Supreme Courts of each State and Territory and the Federal Court are the final courts of appeal. Appeals from Australian courts to
616-503: Is split into two divisions: The Court operate under the leadership of one Chief Justice, supported by one Deputy Chief Judge who hold a dual commission to both Divisions of the Court. A second Deputy Chief Judge assists in the management of the general federal law and Fair Work jurisdictions of Division 2. Each state and territory has its own court hierarchy, with varying jurisdiction of each court. However, all states and territories have
SECTION 10
#1732783082166672-501: The Australian Capital Territory , which collectively forms 79% of the entire population of Australia (more than three-quarters of all Australians). Most of the major population centres are located east and south of the Great Dividing Range on the coastal plains and their associated hinterland regions. The states originated as separate British colonies prior to Federation in 1901. The Colony of New South Wales
728-574: The Colony of Western Australia (initially established as the smaller Swan River Colony in 1829), the Province of South Australia (1836), the Colony of New Zealand (1840), the Victoria Colony (1851) and the Colony of Queensland (1859). Upon federation, the six colonies of New South Wales, Victoria, Queensland, South Australia, Western Australia, and Tasmania became the founding states of
784-658: The Division of Fraser until 2016) in the ACT and by the ACT's two senators. In other respects, the territory is administered directly by the Federal Government through the Territories portfolio. The external territory of Norfolk Island possessed a degree of self-government from 1979 until 2015. Each state has a bicameral parliament, except Queensland, which abolished its upper house in 1922. The lower house
840-528: The Federal Parliament can override territorial legislation. The federal High Court of Australia acts as a final court of appeal for all matters, and has the authority to override any state judiciary. While all states and internal territories have their own judicial system (subject to appeal to the High Court), most external territories are subject to the judiciary and legislature of either
896-586: The German New Guinea . Following World War I , the Australian government received a League of Nations mandate for Nauru . After World War II, the Territory of Papua, Territory of New Guinea and Nauru were all controlled by the Australian government as United Nations trust territories . Nauru was granted independence in 1968. The majority of Australians live in the eastern coastal mainland states of New South Wales , Queensland , Victoria , and
952-775: The Indian , Pacific , and Southern oceans, Australia is separated from Maritime Southeast Asia and New Guinea by the Arafura Sea , the Timor Sea , and the Torres Strait , from Island Melanesia by the Coral Sea , and from New Zealand by the Tasman Sea . The world's smallest continent , Australia is also the sixth-largest country by land area and sometimes considered the world's largest island . Australia has
1008-874: The Jervis Bay Territory , and the Northern Territory on the Australian mainland ; and seven are external territories : the Ashmore and Cartier Islands , the Australian Antarctic Territory , Christmas Island , the Cocos (Keeling) Islands , the Coral Sea Islands , Heard Island and McDonald Islands , and Norfolk Island that are offshore dependent territories . Every state and internal territory (except
1064-547: The Privy Council were initially possible, however the Privy Council (Limitation of Appeals) Act 1968 closed off all appeals to the Privy Council in matters involving federal legislation, and the Privy Council (Appeals from the High Court) Act 1975 closed almost all routes of appeal from the High Court. The Australia Act 1986 eliminated appeals from State Supreme Courts to the Privy Council. Appeals from
1120-837: The Australian Constitution the federal Parliament has plenary power to make laws for all territories including all external territories. The Cocos (Keeling) Islands voted for integration in 1984. Together with Christmas Island, these two territories comprise the Australian Indian Ocean Territories . Commonwealth laws apply automatically to the territories unless expressly stated otherwise and residents of both external territories are associated with Northern Territory for federal elections. They are, thus, constitutionally part of Australia. The Heard Island and McDonald Islands, although uninhabited, are treated as constitutionally part of Australia by
1176-517: The Australian federal government under Section 122 of the Constitution of Australia no longer exist: Two present-day Oceanic countries, Papua New Guinea (PNG) and Nauru , were administered by the federal government of Australia as de facto or de jure external territories for differing periods between 1902 and 1975. Following World War II , the Papua and New Guinea Act 1949 placed
SECTION 20
#17327830821661232-586: The District Court shares the location with the Supreme Court. As of April 2021, the judges who sat at the District Court, together with their location, were: Australian court hierarchy [REDACTED] [REDACTED] The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia . The High Court of Australia sits at
1288-837: The Federal Court. There is an appeal level of the Federal Court (the "Full Court" of the Federal Court), which consists of several judges, usually three but occasionally five in very significant cases. The Federal Circuit and Family Court of Australia is an inferior and intermediate court formed from the merger of the Family Court and the Federal Circuit Court with jurisdiction over matters broadly relating to family law and child support , administrative law , admiralty law , bankruptcy , copyright , human rights , industrial law , migration , privacy and trade practices . The Federal Circuit and Family Court
1344-1235: The Governor-General upon an address of both Houses of Parliament for proved misbehaviour. Judges in Australia are appointed by the Executive government of the relevant jurisdiction, and most judges have previously practised as a barrister . Federal judges may only serve until age 70. There is no constitutional limit on the length of service of state court judges, but state laws usually fix a retirement age. For example, in New South Wales, judges must retire at age 72, though they can remain as "acting judges" until age 76. Civil matters Court of Appeal ( NSW - NT ); Full Court ( SA - Tas ) Criminal matters Court of Criminal Appeal ( NSW - NT - SA - Tas ) No intermediate court (ACT - NI - NT - Tas) Local Court ( NSW - NT ); Court of Petty Sessions ( NI ) Minor claims division in Magistrates Court (SA - Tas - WA) Other tribunals ( ACT - NSW - NT - Qld - SA - Tas - Vic - WA ) The hierarchy consists of
1400-548: The High Court to the Privy Council are now only theoretically possible in inter se matters with leave of the High Court under section 74 of the Constitution; however, the High Court has indicated it will not grant such leave in the future. The Federal Court primarily hears matters relating to corporations, trade practices, industrial relations, bankruptcy, customs, immigration and other areas of federal law. The court has original jurisdiction in these areas, and also has
1456-579: The Jervis Bay Territory) is self-governing with its own independent executive government , legislative branch , and judicial system , while the rest only have local government status overseen by federal departments . State and territory governments may legislate on matters concerning their citizens, subject to the limits of the federal constitution (notably section 51 and section 109 ). Each state and internal territory (except Jervis Bay Territory) has its own legislature , although
1512-464: The Territory of New Guinea in an "administrative union" with the Territory of Papua, and the combined Territory of Papua and New Guinea was created. However, both territories remained technically distinct for some administrative and legal purposes, until 1975, when the combined entity eventually was given independence as Papua New Guinea. Nauru was previously under the German colonial empire as part of
1568-644: The amount in dispute is less than or equal to $ 750,000, and more than $ 150,000. Civil disputes in which the amount in dispute is more than $ 750,000 are heard by the Supreme Court, while those in which the amount is $ 150,000 or less are heard by either the Magistrates Court or the Queensland Civil and Administrative Tribunal . District Court civil decisions are published on the Queensland Judgments website. The District Court has
1624-610: The apex of the Australian court hierarchy as the ultimate court of appeal on matters of both federal and State law. The large number of courts in Australia have different procedural powers and characteristics, different jurisdictional limits, different remedial powers and different cost structures. Under the Australian Constitution , the judicial power of the Commonwealth is vested in the High Court of Australia and such other federal courts as may be created by
1680-549: The appellate hierarchy, and are generally seen to include the magistrates' and district (or county) court of each State as well as the Federal Circuit and Family Court . Inferior courts are typically characterised by: These courts among them have jurisdiction over Commonwealth law, that is, law made by the Federal parliament of Australia. The High Court is the highest court in the Australian judicial hierarchy. It
1736-413: The central government. Norfolk Island's status is controversial, with the present (as of 2018 ) government taking measures to integrate the territory into Australia proper (including representation in parliament and compulsory voting). The Norfolk Islanders have not formally consented to this change in constitutional status and assert that they are not Australian. Two internal territories established by
District Court of Queensland - Misplaced Pages Continue
1792-448: The concept of a superior court (and associated 'notions derived from the position of pre- Judicature common law courts') as having 'no ready application in Australia to federal courts.' Despite this, Australian courts are frequently characterised as either ' superior ' or 'inferior.' The Federal Court and the supreme courts of each State and Territory are generally considered to be superior courts. The Supreme Court of Victoria includes
1848-675: The court hierarchy and civil and administrative tribunals of the Australian states and territories follows here: States and territories of Australia The states and territories are the second level of government of Australia . The states are partially sovereign , administrative divisions that are self-governing polities , having ceded some sovereign rights to the federal government. They have their own constitutions , legislatures , executive governments , judiciaries and law enforcement agencies that administer and deliver public policies and programs. Territories can be autonomous and administer local policies and programs much like
1904-475: The courts were abolished. They were re-established by Parliament in 1958, again to relieve the workload in the Supreme Court. The present court is constituted under the District Court of Queensland Act 1967 (Qld). That Act amalgamated the previous District Court in existence prior to 1967 into the new District Court. The District Court sits in 32 locations across Queensland. Judges also travel throughout
1960-508: The doctrine of "accrued jurisdiction", the Federal Court can, however, rule on issues outside its explicit jurisdiction, provided that they are part of a larger controversy that the court does have jurisdiction over. The High Court has limited trial powers, but very rarely exercises them. It has ample power to transfer cases started there to another, more appropriate court, so that the High Court can conserve its energies for its appellate functions. Common law and equity are administered by
2016-641: The facts of a case, provided that the particular court has jurisdiction to hear the principal cause of action. Most of the states have two further levels of courts, which are comparable across the country. The district court (or County Court in Victoria ) handles most criminal trials for less serious indictable offences, and most civil matters below a threshold (usually around $ 1 million). The magistrates' court (or local court) handles summary matters and smaller civil matters. In jurisdictions without district or county courts, most of those matters are dealt with by
2072-785: The federal Parliament. These courts include the Federal Court of Australia and the Federal Circuit and Family Court of Australia . Federal jurisdiction can also be vested in State courts. The Supreme Courts of the States and Territories are superior courts of record with general and unlimited jurisdiction within their own State or Territory. Like the Supreme Courts of the States, the Federal Circuit and Family Court and Federal Court are superior courts of record, which means that they have certain inherent procedural and contempt powers. But unlike their State counterparts, their subject-matter jurisdiction must be conferred by statute. Under
2128-735: The full Federal Court. As these territories have very small populations, the courts only sit from time to time as needed. The remaining external territories (including Antarctica) do not have permanent courts. In the event of a case arising from these territories, the courts of the ACT have jurisdiction. All the states and territories, with the exception of Tasmania, have a civil and administrative tribunal. These hear cases relating to lesser state or territory administrative disputes (involving some individual, business or government body). These commonly involve actions by persons bound to act pursuant to some form of devolved legislation ; such as environmental regulations or rental tenancy regulations. A table of
2184-591: The functions of the head of the Executive – commissioning government, proroguing parliament and enacting legislation – are exercised by the Assembly itself and by the chief minister . Jervis Bay Territory is the only non-self-governing internal territory. Until 1989, it was administered as if it were a part of the ACT, although it has always been a separate territory. Under the terms of the Jervis Bay Territory Acceptance Act 1915 ,
2240-462: The governor will appoint as premier whoever leads the party or coalition which exercises control of the lower house (in the case of Queensland, the only house) of the state parliament. However, in times of constitutional crisis , the governor can appoint someone else as premier. The head of government of the self-governing internal territories is called the "chief minister". The Northern Territory's chief minister, in normal circumstances whoever controls
2296-711: The jurisdiction to hear criminal matters in which the defendant has been charged with a serious indictable offence (such as armed robbery, rape, and dangerous driving). These trials require a jury. District Court criminal decisions are published on the Queensland Judgments website. The District Court operates permanent courts in Brisbane , located in the Queen Elizabeth II Courts of Law building on George Street , Brisbane CBD ; and Cairns , Ipswich , Maroochydore , Rockhampton , Southport , Townsville , and sits in regional areas as required. In Brisbane,
District Court of Queensland - Misplaced Pages Continue
2352-684: The laws of the ACT apply to the Jervis Bay Territory insofar as they are applicable and providing they are not inconsistent with an ordinance. Although residents of the Jervis Bay Territory are generally subject to laws made by the ACT Legislative Assembly, they are not represented in the assembly. They are represented in the Parliament of Australia as part of the Electoral Division of Fenner (named
2408-651: The legislative assembly, is appointed by the administrator. The term interstate is used within Australia to refer to a number of events, transactions, registrations, travel, etc. which occurs across borders or outside of the particular state or territory of the user of the term. Examples of use include motor vehicle registration, travel, applications to educational institutions out of one's home state. There are very few urban areas bifurcated by state or territory borders. The Queensland-New South Wales border runs through Coolangatta (Queensland) and Tweed Heads (New South Wales) and splits Gold Coast Airport . Oaks Estate ,
2464-480: The new Commonwealth of Australia. The two territory governments (the Australian Capital Territory [ACT] and the Northern Territory [NT]), were created by legislation of the Federal Parliament—the NT in 1978 and the ACT in 1988. The legislative powers of the states are protected by the Australian constitution , section 107, and under the principle of federalism , Commonwealth legislation only applies to
2520-410: The power to hear appeals from a number of tribunals and other bodies (and, in cases not involving family law, from the Federal Circuit and Family Court of Australia .) The court is a superior court of limited jurisdiction, but below the High Court of Australia in the hierarchy of federal courts, and was created by the Federal Court of Australia Act in 1976. Decisions of the High Court are binding on
2576-563: The same courts, in a manner similar to that of the Judicature Acts in the United Kingdom. Legal and equitable remedies may be pursued in the one action in the one court. Judges are appointed by the executive government, without intervention by the existing judiciary. Once appointed, judges have tenure and there are restrictions on their removal from office. For example, a federal judge may not be removed from office except by
2632-489: The state to hear matters in regional and remote areas. Decisions made by the District Court may be heard on appeal to the Supreme Court; and the District Court may sit as an appellate court for decisions made in the Magistrates Court of Queensland . The unreported judgments of the District Courts is published on the Queensland Judgments website. The District Court has jurisdiction to hear civil matters for which
2688-528: The states and the Commonwealth to pass legislation that would cross-vest state judicial powers in the federal courts was struck down by the High Court in Re Wakim; Ex parte McNally , as being unconstitutional. Notwithstanding this failure, however, both state and federal courts can exercise an "accrued jurisdiction," which enables them to hear all legal issues arising from a single set of facts. This enables all courts to deal with virtually all issues arising from
2744-419: The states in practice, but are still legally subordinate to the federal government. Australia has six federated states : New South Wales (including Lord Howe Island ), Queensland , South Australia , Tasmania (including Macquarie Island ), Victoria , and Western Australia . Australia also has ten federal territories , out of which three are internal territories : the Australian Capital Territory ,
2800-668: The states where permitted by the constitution. The territories, by contrast, are from a constitutional perspective directly subject to the Commonwealth government ; laws for territories are determined by the Australian Parliament. Most of the territories are directly administered by the Commonwealth government, while two (the Northern Territory and the Australian Capital Territory) have some degree of self-government although less than that of
2856-412: The states. In the self-governing territories, the Australian Parliament retains the full power to legislate, and can override laws made by the territorial institutions, which it has done on rare occasions. For the purposes of Australian (and joint Australia-New Zealand) intergovernmental bodies, the Northern Territory and the Australian Capital Territory are treated as if they were states. Each state has
SECTION 50
#17327830821662912-432: The supreme courts. In Tasmania and the two mainland territories, however, there is only a magistrates' court below the Supreme Court. In three external territories ( Norfolk Island , Christmas Island , and Cocos (Keeling) Islands ) there is a supreme court and a magistrates' court or court of petty sessions. The supreme courts are staffed by judges of other courts, usually the Federal Court. Appeals from those courts lie to
2968-401: The three self-governing territories, the ACT, the Northern Territory, and Norfolk Island, each have unicameral legislative assemblies. The legislative assembly for the ACT is the only parliament with responsibility for both state/territory and local government functions. The head of government of each state is called the "premier", appointed by the state's governor. In normal circumstances,
3024-475: Was accepted by Australia in 1934 and was annexed to the Northern Territory prior to adoption of the Statute of Westminster in 1942, deemed effective from 1939; it has thus become part of Australia. Each external territory is regulated by an Act of the federal Parliament. These Acts contain the majority of provisions determining the legal and political structure applying in that external territory. Under s 122 of
3080-434: Was created by section 71 of the Constitution . It has appellate jurisdiction over all other courts. It also has original jurisdiction in certain matters, including powers of judicial review. The High Court of Australia is paramount to all federal courts. Further, it has an constitutionally entrenched general power of appeal from the Supreme Courts of the States. Appeals to the High Court are by special leave only, which
3136-423: Was founded in 1788 and originally comprised much of the Australian mainland, as well as Lord Howe Island , New Zealand , Norfolk Island , and Van Diemen's Land , in addition to the area currently referred to as the state of New South Wales. During the 19th century, large areas were successively separated to form the Colony of Tasmania (initially established as a separate colony named Van Diemen's Land in 1825),
#165834