TLAW607 Business and Corporations Law

Jurisdiction of Courts

• The power to hear and decide cases for the first time is original jurisdiction.
• The competence to hear and decide cases about appeal of a trial or initial hearing is the competence to appeal.
• A criminal jurisdiction is characterised by referring to the kinds of crimes that the Court can hear and decide. Appellation and original jurisdiction. Summary and indictable are the major types of offences.
• Civil jurisdiction (the amount of financial compensation which a court may grant to a successful litigant both original and appellant is specified.
  
  

Part A Section 1

High Court of Australia

1. Original Jurisdiction: Original jurisdiction means, the jurisdiction of the court to hear the matters that initially comes under its rulings. The original Jurisdiction of HCA confers with the matters mentioned in the section 75 and 76 of the constitution.
2. Appellate jurisdiction: The High Court can hear appeals by the State and Territory Supreme Court, district court or court that exercise federal jurisdiction (such as the Australian Federal Court or Federal Circuit Court) or by decisions taken by one or two judges exercising the Court's original jurisdiction.
3. Civil Jurisdiction: The high court is the highest court in the hierarchy of the court system in Australia. The appeals from the lower courts and the federal courts related to civil jurisdiction are heard by this court. The court also has a power to review the ruling of federal courts, circuit courts of Australia.
4. Criminal Jurisdiction: The High court confers with the criminal jurisdiction of both original and appellate nature. The severe cases like murder can directly be appealed in the High court.
   
   

Local Court of NSW

The Local Courts have Criminal, civil, original. In 155 places throughout New South Wales the Local Court holds sessions dealing with the vast majority of court proceedings. The Local Court is hearing small civil cases involving up to $100,000 in cash as well as most criminal and summary proceedings. The Court also holds a commission to decide whether or not the District and Supreme Courts perform criminal offences.

Criminal Jurisdiction: In civil or criminal cases there is no jury in the Local Court. Applications for apprehended violence warrants are also addressed by the local court. The Local Court is responsible for most cases (95%). Each of the Local Court's most significant tasks is to hold committing trials for conviction.

Civil Jurisdiction: In the case of small claims, The Local Court liquidated claims worth less than 10,000 dollars are involved. When the argument falls below this threshold, an assessor may decide and, in most cases, informal proof practises are taken. This jurisdiction's basic goal is to maintain efficiency, timeliness and economic efficiency. For the small claims branch of the local court, we will offer cost efficient counsel and representation.

Original Jurisdiction: The Local court of NSW is the court where any specific matter heard for the first time and that is its original jurisdiction.

Appellate Jurisdiction: There is no appellate jurisdiction of this court as it hears a case on the very first level of the hierarchy.

Federal Court of Australia

Appellate Jurisdiction: The FCA has Appellate jurisdiction. It covers appeal of all the civil matters and certain criminal and summary offenses. Section 25(1AA) of the FCA, 1976 obliges the judge of the court to hear plea the plea and he decides whether the appeal is to be heard by the full court or not.

Original Jurisdiction: The Court's original jurisdiction encompass courses occurring from Commonwealth legislation like for instance, courses pertaining to taxation, trade methods, indigenous people, Property related disputes, industrial connections, companies, immigration and bankruptcy cases.

Civil Jurisdiction: S 39B(1A)c of the Judiciary Act 1903 is essential to the civil jurisdiction of the Court (Cth). This jurisdiction covers civil litigation and applies to cases in which a federal matter is reasonably presented as part of a charge or a defence and to issues in which a disputed subject owes its existence under a federal statute.

Criminal Jurisdiction: Normally, the Federal Court has jurisdiction over summary judgements of criminal nature which, in particular cases, is less serious, unlawful and serious offences. In relation to a certain number of Commonwealth Acts involving copyright law 1968 the Federal Court has the authority to deal with summary crimes.

District Court of NSW

Appellate Jurisdiction: This is a trial court and it has appellate jurisdiction. In the appellate jurisdiction, the court hears the appeal against the order of local court and children’s court.

Original Jurisdiction: it does not have original jurisdiction as it hears the appeal matters from the lower courts in the hierarchy.

Criminal Jurisdiction: In the criminal Jurisdiction, the court hears all criminal offences except murder trials, treason and piracy.

Civil Jurisdiction: The court can deal all cases of motor injury, regardless of amount alleged, under its civil authority. Additional claims with a gross value of $750,000 will be dealt with if the parties consent.

Supreme Court of NSW

Criminal Jurisdiction: The court hears the all-criminal law suits for the matters exceeding to $75,0000 in pecuniary terms. Besides, it hears all the cases of murder, robbery, plundering etc.

Appellate Jurisdiction: It is the highest court of NSW and hears the appeal against local court and NSW Civil and administrative Tribunal.

Civil Jurisdiction: The cases of common law such as contracts, trusts cases, tort cases that comes under the pecuniary jurisdiction and several others.

Section 2

1. Supreme Court of Australia
2. Federal Court of Australia
3. Federal Court or Federal Circuit Court
4. High Court of Australia
5. Federal Court of Australia

Part B

1. Skateboard (Uncertain): I have put this into uncertain category because it is hard to determine whether the skateboard comes under a vehicle category for the park authority or not. In my assumption, if the skateboard is used on the path of the park then it should not apply and if it is in anyway harming the grass or any other property of the park then the sign shall apply on it. Further, to clarify it does not come under the criteria of vehicle according to the law and a skateboard can rarely harm someone therefore it I reached on the conclusion that the notice can or cannot apply on Skateboard.
2. Motorcycle (Definitely): The laws that applies on the standard vehicle that runs on petrol or diesel and has a motorist machine in it. A motorcycle clearly comes under the category of vehicle under Motor Vehicle Standard Act, 1989. So, the notice definitely applies on it. The condition in different countries and specific rules only apply to motorcyclists. These regulations are meant for motorbike insurance and other road users. This regulation extends to motorcycles since it is normally considered an automobile and motorcycles are obliged to follow the same rules as cars. Motorcycles are considered to be engine vehicles and thus in almost the same category as automobiles. However, there are limited anomalies with them, and motorcycles are still subject to a penalty just as well if any infringement, such as parking, is not permitted or enters a spot where it is not permitted.
3. A battery Toy Car (Definitely not apply): A battery powered toy car does not comes under the category of vehicle and it is controllable by a human. A toy car does not come under the list of vehicles in the Motor Vehicle Standard Act, 1989 and therefore no standard provisions are applicable on them. A toy car is used by children to play it can in no chance harm anyone else in the park. Further, a park is a place, where playing of children is implied and there is nothing illegal in playing with a toy car at a park. Henceforth, conclusively it can be determined that the condition shall not apply on it.
4. A police car in pursuit of another car suspected on being stolen (Definitely not apply): A police car is a government vehicle that is exempted from any such prohibition notice and a government authority can enter at any space if required. Police is allowed to enter at any space during their duty hours and no one has a right to stop them acting such. Further, the police vehicle was there to follow a victim and they were performing their duty during that time. Therefore, I reached to the conclusion that the notice will definitely does not apply on it.
5. (A bus converted into ice-cream vending) Uncertain: It depends upon the authority of the park whether a standing bus used for commercial purpose is allowed by them in the park or not. Even if the vehicle doesn't was only standing there and not moving, it's seen as a vehicle and the regulation doesn't allow automobiles. Therefore, there is doubt. In one sense, I think the bus is just an idea of a shop and imaginative, but I believe it is still a bus and has the ability to drive in a regular way. That is why I have put it into uncertain category.
6. A ride-on lawn mower being driven by a council employee to mow the park lawns (Definitely not Apply): A ride-on lawn mower is a park owned property that is used to mow the park lawns. This was own for the purpose of maintenance of the park by the owner and Any owner’s property is exempted from any such prohibition notice.
   
   

Bibliography

Jurisdiction and hierarchy of courts. State Library of NSW. 2021. Retrieved 25 April 2021, from

https://legalanswers.sl.nsw.gov.au/hot-topics-courts-and-tribunals/jurisdiction-and-hierarchy-courts.

NSW state courts. State Library of NSW. (2021). Retrieved 25 April 2021, from https://legalanswers.sl.nsw.gov.au/hot-topics-courts-and-tribunals/nsw-state-courts.

Allsop, J. 2021. An Introduction to the Jurisdiction of the Federal Court of Australia. FCA. Retrieved 25 April 2021, from https://www.fedcourt.gov.au/digital-law-library/judges-speeches/chief-justice-allsop/allsop-cj-200710.

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