Victorian Civil And Administrative Tribunal

Although legal formalism is a critical component to the Australian legal system, judicial creativity is essential when the legislation fails to satisfy rule of law ideals. One key example of this is that although abortion is an offence under the Queensland Criminal Code, it was ruled this year by the Supreme Court that a 12 year old was able to proceed with terminating a pregnancy in a Queensland public hospital. This case’s outcome would be viewed as incorrect using reasoning from a strict legal formalism approach, however it is justified as it demonstrates judicial creativity can be employed when legal formality and procedural legality have not been met.

During the Victorian Era, the court system played a prominent role in the lives of the people. Although not all directly felt the effects of the actions that took place in the courtroom, the courts and their decisions impacted the lives of everyone during the time. The Victorian Court System was very organized, and that organization shows its inspiration in modern courts. The Court System during the Victorian Era was a very prominent and organized part of society.

For the purpose of this report, a visit to the Melbourne Magistrate's Court was made on 22nd March, 2016. On this day, the second day of a four day committal hearing was heard regarding the matter of Omer Cicekdag, presided over by Magistrate Ann Collins.

Juries in NSW The jury system plays a very important part in the running of the courts. The jury system is needed in both criminal and civil cases. There are advantages of the jury system as well as disadvantages.

The appellant, Parkview Queensland Pty Ltd (“Parkview”), is a building contractor who commenced construction of a residential property development under a standard form building contract with Fortia funds Management Ltd (“Fortia”), the developer. Fortia financed the construction under a loan facility with the Bank of Western Australia Ltd (“BankWest”).

the public can put its trust ad faith in but this time it fell apart

The Oxford Learner’s Dictionary defines fairness to be ‘the quality of treating people equally or in a way that is reasonable’ and justice as ‘the quality of being fair or reasonable’ (Oald8.oxfordlearnersdictionaries.com, 2014). Investigation of the characteristics of the Australian Legal System (ALS) including its adoption, structure and operational rules, reveal that for the most part the system is based on these two attributes. This inference is further evidenced by the legally binding operational framework assigned to the financial services industry and reflected in the codes of practice that also guide it.

HOW DOES THE ADVERSARY LEGAL SYSTEM ENSURE RULE OF LAW, AND HOW DOES THIS DIFFER FROM MODERN MEDIA MISCONCEPTIONS?

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.

I did go two different courts. Southwark Crown Court which was opened in 1983 is one of those. It contains 15 courts, making it the fourth biggest court in the nation and is outlined as a genuine extortion focus. In England and Wales the crown courts additionally go about as a court of first occasion for serious criminal offences. A case, contingent upon the seriousness can take many deferent routs through the structure of the legal framework. The severe the crime, the higher the court that the trial does settled. My court visit on eighteenth and nineteenth of December 2014 was truly fundamental, keeping in mind the end goal to accomplish a more prominent useful understanding of the different angles and structural type of legitimate framework. A percentage of the procedures that they take after are indeed regulations of Act of Parliament, the lion 's share of which are a piece of the Court Procedures Act 2004.

Through the Victorian Civil and Administrative Tribunal Act 1998(the act), the Victorian Civil and Administrative Tribunal (VCAT) starts running on 1st July 1998, where located at 55 King Street, Melbourne, Victoria, Australia (‘who we are’. 2015). It is designed for people to resolve quickly a dispute hearing, and it also provide a low-cost, accessible and independent service, which called one stop for multiple disputes (2015).

The courts are able to change the law through precedent but are limited by only having influence on the specific cases that are taken to the courts. Parliament is the main branch of government that both makes and reforms the law through the passage of bills. The parliament is able to set up parliamentary committees and law reform commissions, but has no say in the running of these commissions. The NSW Law Reform Commission prepares reports to review the issues identified in the reference, and make recommendations to Government for legislative reform. They do this through a preliminary submission, if required, to give stakeholders an initial opportunity to address the terms of reference and highlight the key issues. This will be followed

The Australian Legal System was around the 1700’s when Britain brought its own legal system over when they were setting up the colonies in Australia. Over a century or so Britain began granting limited rights to set up a local legal system within the British colonies. They were granted this right, and were able to develop their own laws and legal systems. The passing of the Australian Constitution began an independent legal system that formed part of the governmental system in Australia, which took place in 1901, and while the Constitution of the Commonwealth of Australia was indeed an Act of the British Parliament, Britain's involvement in the Australian Government begun to decrease. However, there was minor propulsion for Australia to procure

The Australian criminal justice system acknowledges the immaturity of young offenders compared with that of adult offenders, and thus impose system in which their crimes are dealt with. A criminal conviction relies upon a two-fold basis whereby the actus rea and mens rea must be proved, however young offenders are treated with a different level of responsibility as they have not reached adulthood. Referred to as juvenile justice, offenders under the age of 18 are recognised as requiring a greater level of protection and assistance due to their state of dependancy. Such programs are specifically geared to protect young offenders and aim to deal with youth in a more effective manner due to their increased vulnerable state.This protection is consistent throughout the criminal trial process and covers all stages starting from acknowledging the age of responsibility.

It is recognised that Australia’s System of decision making in the court is in need of reform, if the