LAWS2011 Study Guide - Final Guide: Telstra, Judiciary Act 1903, Inherent Jurisdiction
Document Summary
Nsw => inherent jurisdiction of the supreme court. Application for review brought under s 23 sca 1970 inherent jurisdiction. Writs now sought by statement of claim s 69 sca. Hca has jurisdiction whenever: a writ is sought against an officer of the cth s 75(v, cth is a party to proceedings s 75(iii) Hca has the power to remit matters to lower courts with jurisdiction (e. g. fca, fcca) s 44 judiciary act 1903. Cth => inherent jurisdiction of fca s 39b judiciary act 1903 inherent jurisdiction extends to writs sought against officers of the cth, any matter arising under laws of cth parliament. Cth => fca under administrative decisions (judicial review) act 1977. To be reviewable a decision must be a final and operative determination of a substantive issue (abt v bond fit and proper person b & licensees) Intermediate steps along the way to a decision will not be reviewable.
