The Chapter III courts: The evolution of Australia's federal judiciary
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Open Access
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ArticleAbstract
Under Chapter III of the Australian Constitution, Parliament has created a series of federal courts, the functions of which are to adjudicate claims through the application of federal and State laws. The authors chronicle the establishment, powers and jurisdiction of these courts. ...
See moreUnder Chapter III of the Australian Constitution, Parliament has created a series of federal courts, the functions of which are to adjudicate claims through the application of federal and State laws. The authors chronicle the establishment, powers and jurisdiction of these courts. The article examines the original and appellate jurisdiction of the High Court of Australia, appraising the court's role as arbiter of the Constitution. There follow studies of the three federal curia that have done so much to shape the country's public and private laws: the federal labour courts, in particular, the Industrial Relations Court of Australia which began operations in 1994; the Federal Court of Australia which, in the space of 20 years, has become the second most powerful court in the land; and the Family Court of Australia–the federal court that impacts directly upon more Australian lives than any other Chapter III body. The article concludes with some observations on the future of the federal courts.
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See moreUnder Chapter III of the Australian Constitution, Parliament has created a series of federal courts, the functions of which are to adjudicate claims through the application of federal and State laws. The authors chronicle the establishment, powers and jurisdiction of these courts. The article examines the original and appellate jurisdiction of the High Court of Australia, appraising the court's role as arbiter of the Constitution. There follow studies of the three federal curia that have done so much to shape the country's public and private laws: the federal labour courts, in particular, the Industrial Relations Court of Australia which began operations in 1994; the Federal Court of Australia which, in the space of 20 years, has become the second most powerful court in the land; and the Family Court of Australia–the federal court that impacts directly upon more Australian lives than any other Chapter III body. The article concludes with some observations on the future of the federal courts.
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Date
1995Source title
Public Law ReviewVolume
6Issue
3Publisher
Thomson ReutersLicence
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This article was published by Thomson Reuters and should be cited as: McCallum, R., & Crock, M. (1995). The Chapter III courts : The evolution of Australia’s federal judiciary. Public Law Review, 6(3), 187–203. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase. This publication is copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth), no part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be addressed to Thomson Reuters (Professional) Australia Limited. PO Box 3502, Rozelle NSW 2039. legal.thomsonreuters.com.auFaculty/School
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