MORE ABOUT AUSTRALIAN LEGAL SYSTEM

 

In another name, Australia is known as a parliamentary democracy.  The federal system of the government of Australia was established by Australian constitution.  Australia got its constitution by means of voting. The power is distributed between national government and six States under Australian legal system. The legal system was inherited from the England during colonization time. Australian laws are the cases and legislation.  Cases in Australian law are the decisions that are made by judges while legislation is rules made by the parliament. The house passes a bill and if it is approved by the house, it becomes a law. Australian law is hierarchical and consists of the high court which is divided into the federal court of Australia and family court of Australia, there is the superior court and intermediate court. The intermediate court is divided into coroner’s court, the lower court and children’s court. The high court of Australia is the highest court of the country and it deals with the matters related to the constitution and the appeals from the federal and state courts. The federal court has appellate division and two divisions with the original jurisdiction. The two division in the original jurisdiction is the general division which deals with bankruptcy and taxation cases and the other division is the industrial division which deals with federal industrial relations issues. The function of appellate division is to hear the appeals from the divisions of the court. Cases in the appellate division are heard by three judges.  Family court of Australia is meant for matters like divorce, child and spouse maintenance and child custody matters. Children’s court deals with all cases which involve children except the indictable criminal cases and  Coroner’s court deals with unexplained deaths and fires.  Coroner court order an inquest to determine the course of death or fire. The intermediate court has original jurisdiction.

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