AJ 025 Lecture Notes - Lecture 15: Federal Circuit Court Of Australia, Family Law, Hindmarsh Island

• School: College of The Sequoias
• Department: Administration of Justice (AJ)
• Course: AJ 025
• Professor: shirk

Document Summary

Rules governing sojp at federal level: federal judicial power can only be exercised by chapter iii courts (from s. 71). Principle is clear from the wording of the constitution. A chapter iii court is one established under ch iiii or vested with federal judicial power under s. 71 of the constitution. Currently are the high court, federal court, family court and federal circuit court. State supreme courts have been granted limited federal judicial power by parliament from time to time. Established in nsw v cth (1915) (wheat case). Federal interstate commission vested with a mix of judicial and non- judicial powers. Hc held that it could not exercise federal judicial powers as it is not a chapter iii court. Waterside workers" federation v alexander (1918): court was established and granted judicial powers. Hc held that it was not a ch iii court because its members did not have security of tenure and therefore could not exercise judicial power.