LWB431 Lecture Notes - Lecture 2: Court Costs, Justiciability, Income Tax Assessment Act 1936
Document Summary
Prior to the initiation of proceedings or the bringing of an appeal it is necessary to determine the appropriate court in which to commence your proceedings. Territorial jurisdiction deals with the persons or bodies over whom the court may exercise jurisdiction and is also known as in personam jurisdiction. The distinction between subject matter jurisdiction and territorial jurisdiction is that subject matter jurisdiction deals with the nature of the dispute which may be decided by the court. Can be established in 3 ways: defendant"s presence in the jurisdiction, defendant"s submission to the jurisdiction, statutory extensions by service. Presence of the defendant within the jurisdiction is the principal basis for exercising territorial jurisdiction: >>>if supreme court of x state and service on defendant in x state. Service must be effected to perfect the duty of obedience to the command of the originating process. It does not matter if the defendant is a foreigner or subject of the crown;
