An introduction to the australian judiciary system

Early Legal Systems Prior to colonization by western powers, a form of rudimentary, tribal legal system was said to exist on the Peninsula.

An introduction to the australian judiciary system

When must you commence your migration proceedings An application to the Federal Court or the Federal Circuit Court to review a migration decision must be made within 35 days of the date of the migration decision. The application for an extension of time must be accompanied by a draft originating application; and an affidavit stating the facts on which the application relies and why the application was not filed within time.

Where will the hearing be? The migration application or notice of appeal will show the time, date and place of the hearing. If you are not sure, call or visit the registry near you. A list of cases is usually posted on a noticeboard near the entrance of the court building.

There may be several hearings with the same time and date as your case. You should wait in or near the courtroom until your case is called. It is a good idea to sit in the courtroom for a little while so that you can see what happens at a hearing. What happens at the hearing? When your case is called you should walk to the long bar table at the front of the courtroom and tell the Judge your name.

You should stand up when you are speaking and also when the Judge is speaking to you. At the hearing you need to tell the Court what you say are the jurisdictional errors in the migration decision you want the Court to review and explain the reasons why.

After you have finished talking to the Court, the other party to your proceedings will tell the Court their response to what you have told the Court. The Judge may ask you or the other party questions throughout the hearing.

At the conclusion of the hearing, the Judge may tell you their decision straight away or tell you that they require some time consider to what has been said and will notify you at a later date of his or her decision.

What if you need more time? If you need more time to prepare your case you may ask for an adjournment. An adjournment is when a hearing is deferred or postponed to a later date.

At the hearing tell the Judge you want an adjournment and the reason why. The Court will also ask the other side whether it agrees to an adjournment.

An introduction to the australian judiciary system

The Court does not automatically grant an adjournment but will do so if it thinks your reasons for requesting it are valid. If you are granted an adjournment you may be ordered to prepare a further affidavit.

Interpreters If you need to arrange an interpreter, check the Interpreters page for further information. Updated April Need more information? For more information, including access to the Act, Rules and any of the forms mentioned, go to: What other information can the Courts provide?

The Courts can give you information about:1 Regulation of the judiciary in Australia Judge J C Gibson Introduction The role of the judiciary as a central part of the justice system is recognised in international.

An introduction to the australian judiciary system

Australia's legal system. Australian courts work on 'adversarial' system, which innate within the English legal system. This system comprise of two parties presenting their case against each other, where the third party known as judge or magistrate presides the case directly.

Whereas in the adversarial system, witness is not handled by the. 1. Introduction. The Constitution of Australia established a federal system of government. Under this system, powers are distributed between the Commonwealth and the six States - New South Wales, South Australia, Tasmania, Queensland, Victoria and Western Australia.

The court system is made up of federal courts which deal with Commonwealth matters and State courts which deal with State matters. Introduction In Australia, both the federal and State political systems incorporate the three arms of government: legislative, executive and judicial.

Federal Courts. The federal court system has four courts: High Court of Australia; Federal Court of Australia; Federal Circuit Court of Australia; Family Court of Australia; High Court of Australia. The High Court is Australia’s supreme judicial body. It has original jurisdiction in all matters concerning the constitution.

Australia has a common law legal system with a strong tradition of separation of powers, particularly between the legislative/executive and the judicial arms of government.

However the legislative and executive arms of government are not entirely separate as the heads of government departments are government ministers that are elected .

Judiciary of Australia - Wikipedia