Assignment 1: Australian Legal System and Sources of Law

Purpose:

The purpose of this assessment is to assess discipline knowledge, principles and concepts and to evaluate independent and critical thinking skills in respect of legal material.

Part A : Jurisdiction and Australian Courts

Background to this question:

Jurisdiction means both the official power to make legal decisions and the extent of the power to make legal decisions.

Jurisdiction of Courts is further divided into original and appellate jurisdiction and criminal and civil jurisdiction.

Original jurisdiction is the power to hear and determine disputes for the first time.

Appellate jurisdiction is the power to hear and determine disputes on appeal from a trial or original hearing.

Criminal jurisdiction (both original and appellate) is defined by reference to the types of offences a Court may hear and determine. The main types of offences are summary and indictable.

Civil jurisdiction (both original and appellate is defined by the amount of monetary compensation a court may award to a successful litigant.

Part A Section 1

Identify the criminal, civil, original and appellate jurisdiction of the following Australian courts:

1. High Court of Australia

2. Local Court of NSW

3. Federal Court of Australia

4. District Court of NSW

5. Supreme Court of NSW

AND

Part A Section 2

In which courts would the following matters be heard:

1. A trial on a charge of murder

2. A breach of contract action

3. Bankruptcy proceedings

4. Action challenging the constitutional validity of Commonwealth legislation

5. Action against company directors for a breach of their fiduciary duties.