The Court Hierarchy Of Australia

Over time the High Court has used the constitution to make important judgements for the betterment of Australian society.

Australian law has reflected the status of women in Anglo-Celtic culture. Today there are women in Australia from widely diverse cultural backgrounds and the law has a role in ensuring the safety, freedom, security and equality of opportunity for them all. As the status of women varies from culture to culture and changes over time, the law has had to adapt and evolve in order to fulfill its role.

Key features and doctrines of the Australian legal system are the rule of law, procedural fairness and the court hierarchy which are all crucial to achieving justice. Justice is achieved when people are treated without bias, a case is handled just, and equal outcomes are achieved for both parties.

Conclusively, Law reform is a perpetual or ongoing process: it is constantly evolving in conclusion, need for law reform in our contemporary society is vital. It Is important that the Australian law is consistently reformed on a regular basis to prevent any  issues to ensure to ensure that we live in a society of peace, justice, regulation and a society which upholds values , morals and ethics Through law reform by understanding and recognising that there is a problem in our community which can be fixed through the legal system we may use the federal, state, etc. law to unpin and prevent this issue and the way to reform the law to fit the contemporary society and prevent revenge porn from ruining lives Through the process of law reform, legal

As years goes by, society’s morals and values changes which depicts that the law is also changing to fulfil the same morals and values with society.

Intro: QLD’s legal system mainly consists of juries, evidences, standards of proof, court personnel, court hierarchies and presumptions of innocence. QLD’s legal system made, so it is fair to the victim and to the community, but there are still some missing points that lead to limited fairness.

Australian courtrooms are highly ritualised spaces where various long serving customs and traditions are strictly followed in order to constitute events of power, and also featured in the relative power relations. As was evident by the local courtrooms visited within The Downing Centre, the architecture, language, courtroom actors and spatial organisation demonstrate the numerous levels of power, of which are present. This usage of power is evident as visible through the relationships between the courtroom actors, particularly those between the judge or magistrate, the witnesses and lastly, the lawyers. These relations significantly highlight the disparity of power between these individuals. Simultaneously, the courtroom architecture of which is present also signals and represents the different levels of power during court proceedings. In addition, the use of legal jargon in one’s favour is also a worthy indicator of attaining this much sought after power aforementioned.

Paragraph 1 - The Australian Constitution is a set of rules by which the country or state is run, and it first took effect on the 1st January 1901. Before the Constitution, Australia was not classed as a nation. The Australian Constitution is the set of rules that Australia is run by. Australian people vote for the nation-wide constitution in a series of referendums (a general public vote used to approve). The constitution was written Australia to be classed as a nation.

For the purpose of this report, visits have been made to the Supreme Court of Victoria on Thursday, 3rd of March 2016. The Supreme Court is located at 210 William Street, Melbourne. The court visits are an essential experience for students taking part in law studies to further familiarise with the Australian court system through actual participation in court proceedings. This report will aim to provide a reflective discussion on the experiences and observations encountered at the Supreme Court visits and also the overall structural system of the court system. The court hearing which will be examined in this report is the trial of Fai Sing Yiu accused of stabbing a father of four to death at lunchtime in Melbourne’s Chinatown over a $24,000

The Australian legal system developed when the British Parliament granted rights to the colonies in Australia to develop laws by itself as long as they adhered to the English law. During the period of 1855 to 1890, the legal system in the six colonies began to develop

All countries are a reflection of their histories and this is very much the case with governmental structures and the associated legal system. The Australian legal system is based on a fundamental belief in the rule of law, justice and the independence of the judiciary. All people—Australians and non-Australians alike—are treated equally before the law and safeguards exist to ensure that people are not treated arbitrarily or unfairly by governments or officials.

The purpose of this essay focus on the important role of the doctrine of precedent in Australia legal system. The doctrine of precedent, in a simple words, is the principle that binds the common law together. As a general rule it means the courts were bound to follow the decisions of all courts superior to it in its own court hierarchy. This paper is divided into four parts. The first part mentions a background of the topic, the second part concentrates on analyzing the principle as well as the advantages and disadvantages of the doctrine of precedent. Finally the conclusion sums up the outcome of the research.

The ACT Legal Aid Commission has suggested that Australia's legal system adopt aspects of the European "inquisitorial'' court process and

The common law was initially referred to in the past as the “Law of England” by some judges and legal writers. Section 80 of the Judiciary Act 1903 (Cth) had made it mandatory for courts, in some cases, to apply 'the common law of England '. This was later was amended in 1988 to known as 'The Common Law in Australia '. Although it was derived from the English common law, there have been a lot of revisions and additions made to it for it to meet the judiciary needs of the Australian legal system.

The Australasian system of legal practice is derived from the United Kingdom which is from the British settlers in Australia. The legislations laws are formulated by the legislators which is the parliament of the state and the commonwealth countries. The law of the state must be consistent with the laws of the commonwealth. It means that any law that is not consistent with the commonwealth law in Australia is rendered invalid. This presents a significant impact on the same sex marriage debate. Before the changes in the Marriage Act, the definition of the term marriage was derived from the UK case. The common law is administered by the courts. The courts are bound by the principles of precedent which requires the court to adhere to the previous decisions of superior courts. This brings consistency and prediction in the practice of the common law. Marriage is Australia governed by the Commonwealth marriage Act of 1961 that defines marriage as “the union of a man and a woman to the exclusion of all others, voluntarily entered into for life.” The constitution gives power to the commonwealth to come up with laws on marriage which it shares with the states. There must be vows or exchange of words for a marriage in addition to all other recognized ceremonies of different religion.