70102 Lecture Notes - Lecture 8: Adversarial System, Federal Circuit Court Of Australia, Appellate Jurisdiction
Seminar 8 – Legal institutions and Processes I Courts and Tribunals
Elizabeth Ellis, Principles and Practice of Australian Law (Thomson Reuters, 3rd ed, 2013)
[4.50]-[4.92].
- Separation of court system due federalism; inferior courts, local, intermediate
courts, district etc, federal courts – federal magistrates court
- Original and appellate jurisdiction, high court
- Judicial backgrounds: few indigenous, women under represented, mostly white male
with no religious affiliation, married, private or catholic school, Australian.
- Judicial tenure is fundamental, impartial judiciary. No political considerations.
Removal from judicial office – only on proved misbehaviour or incapacity.
4.8 The Adversary System. The ALRC Review of Adversarial system of litigation
- Most western democracies are civil or common law adversarial systems, most are a hybrid
of both and so are not a clear cut.
- Common law family (Austr).
- Civil law family.
Common law sits to hear and determine issues raised not to conduct an investigation, as in
civil law syst.
Tribunals – “ all those odies estalished to perfor a distitive futio that a ourt ould
or should not perform, or to do so in a manner which is intended to diverge from the
adversarial judicial model. Less formal, quicker, cheaper alternative, more inquisitorial
approach.
Two different kinds of tribunal – civil and administrative review. Civil have original
jurisdiction in that they determine disputes between individuals. Administrative review
.;administrative decisions where these are the subject of individual application and
complaint.
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Document Summary
Seminar 8 legal institutions and processes i courts and tribunals. Elizabeth ellis, principles and practice of australian law (thomson reuters, 3rd ed, 2013) Separation of court system due federalism; inferior courts, local, intermediate courts, district etc, federal courts federal magistrates court. Judicial backgrounds: few indigenous, women under represented, mostly white male with no religious affiliation, married, private or catholic school, australian. Removal from judicial office only on proved misbehaviour or incapacity. The alrc review of adversarial system of litigation. Most western democracies are civil or common law adversarial systems, most are a hybrid of both and so are not a clear cut. Common law sits to hear and determine issues raised not to conduct an investigation, as in civil law syst. Tribunals all those (cid:271)odies esta(cid:271)lished to perfor(cid:373) a disti(cid:374)(cid:272)tive fu(cid:374)(cid:272)tio(cid:374) that a (cid:272)ourt (cid:272)ould or should not perform, or to do so in a manner which is intended to diverge from the adversarial judicial model.
