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Judiciary Act 1903
The ''Judiciary Act 1903'' (Cth) is an Act of the Parliament of Australia that regulates the structure of the Australian judicial system and confers jurisdiction on Australian federal courts. It is one of the oldest pieces of Australian federal legislation and has been amended over 70 times. Amongst other things, the Act regulates the exercise of the jurisdiction of the High Court of Australia, confers jurisdiction on the Federal Court of Australia, provides for the right of barristers and solicitors to practice in federal courts, and establishes the Australian Government Solicitor. The Act Section 78B of the Act requires Australian courts to ensure that the parties have given notice to the attorneys-general of Australia and of each state State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation ...
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Parliament Of Australia
The Parliament of Australia (officially the Parliament of the Commonwealth and also known as the Federal Parliament) is the federal legislature of Australia. It consists of three elements: the Monarchy of Australia, monarch of Australia (represented by the Governor-General of Australia, governor-general), the Australian Senate, Senate (the upper house), and the Australian House of Representatives, House of Representatives (the lower house).''Australian Constitution's 1– via Austlii. The Australian Parliament combines elements from the British Westminster system, in which the party or coalition with a majority in the lower house is entitled to form a government, and the United States Congress, which affords equal representation to each of the states, and scrutinises legislation before it can be signed into law. The upper house, the Senate, consists of 76 members: twelve for each States and territories of Australia, state, and two for each of the self-governing States and terr ...
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States And Territories Of Australia
The states and territories are the national subdivisions and second level of government of Australia. The states are partially sovereignty, sovereign, administrative divisions that are autonomous administrative division, self-governing polity, polities, having ceded some sovereign rights to the Australian Government, federal government. They have their own state constitutions in Australia, constitutions, Parliaments of the Australian states and territories, legislatures, Premiers and chief ministers of the Australian states and territories, executive governments, Judiciary of Australia#State and territory courts and tribunals, judiciaries and state police#Australia, law enforcement agencies that administer and deliver public policy, public policies and programs. Territories can be autonomous administrative division, autonomous and administer local policies and programs much like the states in practice, but are still legally subordinate to the federal government. Australia has si ...
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High Court Of Australia
The High Court of Australia is the apex court of the Australian legal system. It exercises original and appellate jurisdiction on matters specified in the Constitution of Australia and supplementary legislation. The High Court was established following the passage of the ''Judiciary Act 1903'' (Cth). Its authority derives from chapter III of the Australian Constitution, which vests it (and other courts the Parliament creates) with the judicial power of the Commonwealth. Its internal processes are governed by the ''High Court of Australia Act 1979'' (Cth). The court consists of seven justices, including a chief justice, currently Stephen Gageler. Justices of the High Court are appointed by the governor-general on the formal advice of the attorney-general following the approval of the prime minister and Cabinet. They are appointed permanently until their mandatory retirement at age 70, unless they retire earlier. Typically, the court operates by receiving applicati ...
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Federal Court Of Australia
The Federal Court of Australia is an Australian superior court which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indictable (more serious) Criminal law, criminal matters. Cases are heard at first instance mostly by single judges. In cases of importance, a full court comprising three judges can be convened upon determination by the Chief Justice. The Court also has Appellate court, appellate jurisdiction, which is mostly exercised by a Full Court comprising three judges (although sometimes by a panel of five judges and sometimes by a single judge), the only avenue of appeal from which lies to the High Court of Australia. In the Australian court hierarchy, the Federal Court occupies a position equivalent to the supreme courts of each of the states and territories. In relation to the other courts in the federal stream, it is superior to the Federal Circuit and Family ...
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Australian Government Solicitor
The Australian Government Solicitor (AGS) is an Australian public servant and a federal government agency of the same name which provides legal advice to the federal government and its agencies. AGS was originally the Crown Solicitor's Office, which was established on 1 July 1903 on the appointment of Charles Powers as the first Commonwealth Crown Solicitor. With a major restructure of the Attorney-General's Department from 1983 to 1984, the Crown Solicitor's Office became the Office of the Australian Government Solicitor, with Crown Solicitor Tom Sherman appointed the first Australian Government Solicitor. Some functions of the Crown Solicitor's Office were transferred to other parts of the Attorney-General's Department. In 1999, the Australian Government Solicitor ceased being an office held by an individual, and instead became a government business enterprise, headed by a CEO, separate from the Attorney-General's Department. On 1 July 2015, AGS was consolidated within the At ...
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Attorneys-general
In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enforcement and prosecutions, or even responsibility for legal affairs generally. In practice, the extent to which the attorney general personally provides legal advice to the government varies between jurisdictions, and even between individual office-holders within the same jurisdiction, often depending on the level and nature of the office-holder's prior legal experience. Where the attorney general has ministerial responsibility for legal affairs in general (as is the case, for example, with the United States Attorney General or the Attorney-General for Australia, and the respective State attorney general, attorneys general of the states in each country), the ministerial portfolio is largely equivalent to that of a Justice ministry, Ministe ...
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Intervention (law)
In law, intervention is a procedure to allow a nonparty, called intervenor (also spelled intervener) to join ongoing litigation, either as a matter of right or at the discretion of the court, without the permission of the original litigants. The basic rationale for intervention is that a judgment in a particular case may affect the rights of nonparties, who ideally should have the right to be heard. Canada Intervenors are most common in appellate proceedings but can also appear at other types of legal proceeding such as a trial. In general, it is within the discretion of the court to allow or refuse an application to intervene. There are exceptions to that, however. For example, under subrule 61(4) of the Rules of the Supreme Court of Canada, if the court has stated a constitutional question, the attorney general of any province or territory or of the federal government, may intervene "as of right," without the need to be granted leave to intervene. Courts will tend to allow an ...
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Rules Of Decision Act
The Rules of Decision Act mandates the application of substantive state law in cases heard in U.S. federal courts sitting in diversity, except where state law is preempted by federal law. The U.S. Supreme Court in ''Swift v. Tyson'' (1842) originally read this Act of Congress as limited to state statutory law, but later overturned ''Swift'' in ''Erie Railroad Co. v. Tompkins'' (1938) and instead held that the Rules of Decision Act requires the application of state law including case law originating from state courts. The Act originated as Section 34 of the Judiciary Act of 1789. It is now codified, in slightly different form, in , as follows: The interpretation of this language, especially the meaning of the phrase "the laws of the several states", was the central issue in ''Erie Railroad Co. v. Tompkins''. Foreign influence The Australian Judiciary Act 1903 borrowed verbiage from the Rules of Decision Act.Priestley, Lancelot J"A Federal Common Law in Australia?"''South Carolin ...
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Australia Act 1986
The ''Australia Act 1986'' is the short title of each of a pair of separate but related pieces of legislation: one an act of the Parliament of Australia, the other an act of the Parliament of the United Kingdom. In Australia they are referred to, respectively, as the ''Australia Act 1986'' (Cth) and the ''Australia Act 1986'' (UK). These nearly identical Acts were passed by the two parliaments, because of uncertainty as to whether the Commonwealth Parliament alone had the ultimate authority to do so. They were enacted using legislative powers conferred by enabling acts passed by the parliaments of every Australian state. The acts came into effect simultaneously, on 3 March 1986. According to the long title of the Australian act, its purpose was "to bring constitutional arrangements affecting the Commonwealth and the States into conformity with the status of the Commonwealth of Australia as a sovereign, independent and federal nation". The Australia Act (Cth and UK) elimin ...
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Acts Of The Parliament Of Australia
This is an incomplete list of acts of the Parliament of Australia. Principal acts ''Note: This list does not include Appropriation Acts, Customs Tariff Acts, Excise Tariffs, Excise Tariff Validation Acts, Income Tax Acts, Loan Acts or Supply Acts.'' Amending acts See also * List of statutory instruments of Australia *Parliament of Australia References External linksComplete list of current Acts {{DEFAULTSORT:Acts of the Parliament of Australia, List of Acts of Parliament of Australia Acts of Parliament of Australia Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ... ...
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1903 In Australian Law
Nineteen or 19 may refer to: * 19 (number) * One of the years 19 BC, AD 19, 1919, 2019 Films * ''19'' (film), a 2001 Japanese film * ''Nineteen'' (1987 film), a 1987 science fiction film * ''19-Nineteen'', a 2009 South Korean film * ''Diciannove'', a 2024 Italian drama film informally referred to as "Nineteen" in some sources Science * Potassium, an alkali metal * 19 Fortuna, an asteroid Music * 19 (band), a Japanese pop music duo Albums * ''19'' (Adele album), 2008 * ''19'', a 2003 album by Alsou * ''19'', a 2006 album by Evan Yo * ''19'', a 2018 album by MHD * ''19'', one half of the double album ''63/19'' by Kool A.D. * ''Number Nineteen'', a 1971 album by American jazz pianist Mal Waldron * ''XIX'' (EP), a 2019 EP by 1the9 Songs * "19" (song), a 1985 song by British musician Paul Hardcastle * "Stone in Focus", officially "#19", a composition by Aphex Twin * "Nineteen", a song from the 1992 album ''Refugee'' by Bad4Good * "Nineteen", a song from the 2001 alb ...
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Commonwealth Of Australia Courts And Tribunals
A commonwealth is a traditional English term for a political community founded for the common good. The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the 15th century. Originally a phrase (the common-wealth or the common wealth – echoed in the modern synonym "public wealth"), it comes from the old meaning of "wealth", which is "well-being", and was deemed analogous to the Latin ''res publica''. The term literally meant "common well-being". In the 17th century, the definition of "commonwealth" expanded from its original sense of "public welfare" or "wikt:commonweal, commonweal" to mean "a state in which the supreme power is vested in the people; a republic or democracy, democratic state". The term evolved to become a title to a number of political entities. Three countries – Australia, the Bahamas, and Dominica – have the official title "Commonwealth", as do four U.S. states and two Territories of the United States, U.S. territories. Sin ...
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