JSB171 Lecture Notes - Lecture 1: Chapter Iii Court, Huddart Parker, Racial Discrimination Act 1975
Document Summary
Separation is not enforceable under state constitutions: blf case: commonwealth can create other federal courts s71 and vest federal jurisdiction in them ss76. Is it a federal court, or a court invested with federal jurisdiction (1) It can only exercise non-judicial power if auxiliary and incidental to the judicial power: Boilermakers case: no function can be conferred that is incompatible either with the judge"s performance of his or her judicial functions or with the proper discharge by the judiciary of its responsibilities as an institution exercising judicial power. = federal act that vests judicial power in non-judicial body is invalid: s71. + federal act that vests non-judicial power in judicial body is invalid. Parliament can alter age for courts it creates: (iii) fixed remuneration. Federal judicial power can be vested in a state court: s77(iii) Judicial power cannot vest in non-judicial body.
