What does the Federal Magistrates Court of Australia do?
The Federal Circuit Court of Australia, formerly known as the Federal Magistrates Court of Australia or the Federal Magistrates Service, was an Australian court with jurisdiction over matters broadly relating to family law and child support, administrative law, admiralty law, bankruptcy, copyright, human rights.
What is the difference between the Federal Court of Australia and the Federal Circuit Court of Australia?
The purpose of the Federal Circuit Court is to assist in determining far less complex family law matters and to determine general law matters in the federal jurisdiction. The Federal Circuit Court deals with a higher volume of cases which relieves the workload of the Family Court.
Who appoints federal court judges Australia?
the Governor-General
Judges of the Court are appointed by the Governor-General by commission and may not be removed except by the Governor-General on an address from both Houses of Parliament in the same session. All judges must retire at the age of seventy. Judges, other than the Chief Justice, may hold more than one judicial office.
What jurisdiction does the Federal Circuit Court have?
The Federal Court has concurrent jurisdiction with the Federal Circuit Court in a number of areas of general federal law including bankruptcy, human rights, workplace relations and migration matters.
What are the roles of the federal court?
Federal courts hear cases involving the constitutionality of a law, cases involving the laws and treaties of the U.S. ambassadors and public ministers, disputes between two or more states, admiralty law, also known as maritime law, and bankruptcy cases.
What would go to federal court?
Federal court jurisdiction is limited to certain types of cases listed in the U.S. Constitution. For the most part, federal court jurisdictions only hear cases in which the United States is a party, cases involving violations of the Constitution or federal law, crimes on federal land, and bankruptcy cases.
What is the role of the federal court?
What are the 4 federal courts?
In California, there are four federal district courts, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction. These courts serve different purposes which are outlined in the sections below.
What is a magistrate in Australia?
Magistrates are lawyers who have worked for at least five years. A magistrate hears evidence and decides whether a person is guilty or not guilty to an offence as charged. A magistrate imposes a penalty on those who are either found guilty or plead guilty to offences.
How are magistrates appointed in Australia?
Australian judges and magistrates decide on cases brought before the court by interpreting and applying the law. In the States and Territories, judges and magistrates are appointed by the Governor or Administrator, having been selected by Cabinet on the advice of the Attorney-General.
What law applies in federal court?
The doctrine states that the federal courts, when confronted with the issue of whether to apply federal or state law in a lawsuit, must apply state law on issues of substantive law. When the legal question is based on a procedural issue, the federal courts should apply federal law.
Why are federal courts important?
The federal courts’ most important power is that of judicial review, the authority to interpret the Constitution. When federal judges rule that laws or government actions violate the spirit of the Constitution, they profoundly shape public policy.
How does the Federal Court of Australia work?
About The Federal Court. The Court decides disputes according to law – promptly, courteously and effectively contributing to the economic and social wellbeing of all Australians.
Is the Federal Magistrates Court the same as the family court?
4.62 The jurisdiction conferred on the Federal Magistrates Court overlaps with that of the Family Court and the Federal Court. This section of the chapter examines the obligations on parties to disclose information and documents in financial matters under the Court’s family law jurisdiction.
What is part 24 of Federal Magistrates Court rules?
4.72 A financial statement filed and served pursuant to part 24 of the Federal Magistrates Court Rules must give full and frank disclosure of the party’s total direct and indirect financial circumstances, including details of any interest in property, income from all sources and other financial resources. [105]
How many judges are in the Federal Court of Australia?
There are now over 60 judges of the Court. The first Chief Federal Magistrate, Diana Bryant left the court in 2004 when she was appointed Chief Justice of the Family Court of Australia, the third person to be appointed that position since the establishment of the Family Court.