Lateral Thinking Acting on an anonymous phone call, the police raid a house to arrest a suspected murderer. They don't know what he looks like but they.

Acting on an anonymous phone call, the police raid a house to arrest a suspected murderer. They don't know what he looks like but they

know his name is John and that he is inside the house.

The police bust in on a carpenter, a truck driver, a mechanic and a fireman all playing

poker. Without hesitation or communication of any kind, they immediately arrest one of them.

How do they know they've got their man?

Who is it?

The fireman is the only man in the room. The rest of the poker players are women.

Solution

Federal and State Courts in Australia

THE COURTS

The Constitution:

‘The Judicature’ provides for the judicial branch of the Commonwealth. It

establishes the High Court of Australia and empowers the Commonwealth Parliament to create other federal courts and to vest

federal judicial power in State and Territory courts.

THE FEDERAL JUDICATURE

COMMONWEALTH COURTS

There are four main federal courts:

The High Court

The Federal Court of Australia

The Family Court of Australia, and

The Federal Magistrates Court of

Australia

The High Court of Australia is: the final court of appeal in Australia has a Chief Justice and six other judges decide disputes about the meaning of the

Constitution

The HC deals with matters:• Regarding the interpretation of State criminal laws• arising under any treaty• in which the Commonwealth of Australia, or a

person suing or being sued on behalf of the Commonwealth of Australia, is a party

• between States, or between residents of different States, or between a State and a resident of another State

THE HIGH COURT OF AUSTRALIA

The Federal Court of Australia sits in each State.

The Court deals with matters arising under

Commonwealth laws including:

• bankruptcy,

• corporations,

• industrial relations,

• taxation and

• trade practices laws.

The Federal Court of Australia hears appeals from the decisions of single

judges of the Court and decisions of the Federal Magistrates Court.

It also hears appeals from some decisions of State Supreme Courts.

THE FEDERAL COURT OF AUSTRALIA

The Family Court of Western Australia is chaired by judges and magistrates.

The court is vested with State and Federal jurisdiction in matters of family law and deals with:

• divorce,• property of a marriage or defacto relationship, • parenting orders and other matters relating to

children, maintenance and adoptions.

FAMILY COURT

The Federal Magistrates Court was established to deal with less complex disputes under Commonwealth laws. Its jurisdiction includes:

• family law and child support, • administrative law, bankruptcy law, • discrimination, • workplace relations and consumer protection

law.

It shares its jurisdiction with the Family Court of Australia and the Federal Court of Australia.

THE FEDERAL MAGISTRATES COURT

STATE COURTS

Supreme Courts of the State

State intermediate courts

State courts of summary jurisdictionJuries are not used in courts of summary

jurisdiction

STATE COURTS:WESTERN AUSTRALIA

SUPREME COURT

The Supreme Court is the State's highest court, with responsibility for both criminal and civil matters. It is also the main appeal court of the state.

The Supreme Court is divided into two divisions:

1. The General Division deals with:• serious criminal charges, such as murder, armed

robbery and serious breaches of Commonwealth drug enforcement laws.

• Civil cases involving amounts more than $750,000• Probate (disputes over wills)

2. The Court of Appeal hears appeals from single judge decisions of the Supreme Court and from lower courts.

To go above the Supreme Court, for a higher appeal, a case must go to the High Court of Australia, which is the ultimate Australian court from which there is no further appeal.

The District Court is the intermediate court in WA chaired by a District Court judge.

The District Court deals with:• serious criminal offences (serious assaults, breaking and

entering, stealing)• max penalty is 20 years' imprisonment• jury of 12 community members• civil law matters involving claims up to $750,000 • unlimited jurisdiction in claims for damages for personal

injuries• exclusive jurisdiction in claims for damages for injury

sustained in a motor vehicle accident• Appeals from the Magistrates Court are heard by the

District Court.

DISTRICT COURT

The Magistrates Court deals with:

• civil and criminal matters• adults, aged 18 or over, required to appear in court • criminal offences known as 'simple offences’• serious criminal offences, known as 'indictable

offences’

However the most serious offences must be sent on to be heard in the District or Supreme Courts

• civil matters involving claims up to $75,000• minor cases, the jurisdictional limit is $10,000• consumer/trader claims of $75,000 or less,• minor case consumer/trader claims of $10,000 or

less

MAGISTRATES COURT

The Children's Court of Western Australia deals with offences alleged to have been committed by young people aged 10 to 17 years.

However, children's court cases are also heard in other courthouses throughout the State.

The Court also deals with protection and care applications for children under the age of 18 years.

CHILDREN'S COURT

Federal courts:

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WA State courts:

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COURT HIERARCHY CHART