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Hierarchy of Federal Courts (NSW Hierarchy of Courts (Local Courts, Civil…
Hierarchy of Federal Courts
High Court of Australia
Sits at the top of both the federal and state hierarchies
7 Judges
The High Court has the power to overturn the decisions of all other courts in Australia. Rationes of its decisions are binding on all Australian courts. The obiter dicta of the High Court should generally be followed by other Australian Courts
Single judge not bound by decisions of earlier single judge
The Full Court is not bound by its own precedents
Federal Court of Australia
May sit as a single judge, or as a Full Court (when full court hears a case, there is atleast 3 judges)
Single judges have original jurisdiction and some appellate jurisdiction
The full court only has appellate jurisdiction
The family court of Australia sits parallel to the Federal Court - family law matters only
Federal Circuit Court
Can hear cases on both federal matters and matters under the Family Law Act 1975 (Cth)
Tribunals
Commonwealth Administrative Appeals Tribunal: Has Jurisdiction under more than 400 pieces of legislation to review a range of administrative law matters
Specialist federal tribunals eg. the Refugee Review Tribunal
NSW Hierarchy of Courts
Local Courts
Civil and Administrative Tribunal - appeals on question of law go straight to the Supreme Court
District Court of NSW
Remember - there is still only one common law
Supreme Court of NSW
High Court of Australia
Suggested by the High Court - The Doctrine of Precedent
Doctrine of Precedent is not as important as it used to be in high court cases
Legislation is now considered the most important source of law
High Court takes a purposive approach to statutory interpretation
Doctrine of Precedent likely to carry more weight where the court has to make a decision based on common law principles
Overseas Courts
Decisions are not binding on any Australian Courts