{{Use dmy dates, date=June 2018
Accrued jurisdiction within the context of the
Australian legal system is the power held over state matters by federal courts. Accrued
jurisdiction
Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
will occur when there are several cases brought to the
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 (mo ...
(FCA) where there are competing
jurisdiction
Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
s between them. In essence the state vests judicial authority in the
federal court providing that a number of requirements are met. A claim that is based on a state law for example can be heard in a federal court depending on:
# the actions done by respective parties
# the relationship between the parties
# the
laws which attach
rights
Rights are law, legal, social, or ethics, ethical principles of freedom or Entitlement (fair division), entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal sy ...
or
liabilities to the conduct and relationship of parties
# whether the different claims arise under the same subject matter
# whether the different claims are so related that the determination of one depends on the other
The above test is applied by the court and a decision reached as to whether the court has accrued jurisdiction. A convenient example of this process is outlined in the case ''Re Wakim; Ex parte McNally'' (1999) HCA where there is a conflict between state and federal jurisdictions. In this particular case it was held that accrued jurisdiction did exist but had it not the FCA would have been acting unconstitutionally had it proceeded hearing the case.
Law of Australia
Jurisdiction