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Week 2 Jurisdiction and Limitation of Actions - Coggle Diagram
Week 2 Jurisdiction and Limitation of Actions
Subject matter jurisdiction
which refers to the nature of the disputes which may be adjudicated upon by the particular court
Commonwealth Constitution
Chapter III of the Commonwealth of Australia Constitution Act (ss 71–80) sets out the constitutional framework through which courts are or may be invested with the judicial power of the Commonwealth to enforce its laws.
The High Court
The original jurisdiction of the High Court is found in ss 75, 76, 77 of the Constitution
s 38 of the Judiciary Act 1903 (Cth). The latter is an exercise of the power given by s 77 of the Constitution.
The appellate jurisdiction of the High Court is found in s 73 of the Constitution
Supreme Court of Queensland
General jurisdiction
Constitution of Queensland Act 2001 (Qld) s 58
The court generally considers matters involving more than $750,000
Federal jurisdiction:
The Supreme Court also has Federal jurisdiction as provided by s 39 of the Judiciary Act 1903 (Cth). Section 39(2) of the Judiciary Act is the principal provision conferring jurisdiction on state courts
Judiciary Act 1903 (Cth) s 39
Section 39(1) makes the jurisdiction of the High Court exclusive of the jurisdiction of state courts.
It therefore divests the state courts of jurisdiction they would otherwise have in all matters referred to in s 75 of the Constitution.
Section 39(2) then invests state courts with federal jurisdiction in all matters in which the High Court has original jurisdiction or in which original jurisdiction can be conferred upon it.
Despite the broad terms of s 39 of the Judiciary Act 1903 (Cth), other federal Acts may impose conditions or restrictions on the exercise of federal jurisdiction by state courts, e.g. Patents Act 1990 (Cth) s 154(2)
Inherent jurisdiction
includes all those powers that are necessary to enable it to act effectively and to control its own proceedings and to prevent obstruction or abuse of its process
Examples of the exercise of inherent jurisdiction include
awarding costs and making orders for security for costs;
and staying or striking out actions or pleadings which are frivolous, vexatious or an abuse of process
making practice directions;
District Court of Queensland
District Court Act 1967 (Qld) s 68
The court has jurisdiction for matters between $100,000 and $750,000.
Magistrates Court of Queensland
Magistrates Courts Act 1921 (Qld) s 4.
prescribed limit means $150,000.
Queensland Civil and Administrative Tribunal (QCAT)
Queensland Civil and Administrative Tribunal Act 2009 (Qld) Ch 2
The Tribunal has both Original, Review and Appeal jurisdiction.. The Tribunal is a court of record: s164.
Original jurisdiction includes
hearing and deciding a minor civil dispute (s 11) generally less than $25,000
Review jurisdiction
under enabling Acts to review a decision made or taken to have been made by another entity under that Act (s 17).
Appellate jurisdiction
conferred by s 142 (s 26) being appeals from non-judicial members
Territorial jurisdiction
Presence in the jurisdiction
It is not necessarily sufficient that a court has subject matter jurisdiction. It is also necessary that the court have jurisdiction over the defendant.
This is generally referred to as ‘territorial’ or ‘
in personam
’ jurisdiction
Submission to the jurisdiction
A court will also gain jurisdiction where a defendant, though not present in the jurisdiction, voluntarily submits to the jurisdiction
A party will be taken to have submitted to the jurisdiction of the court in circumstances where its conduct is inconsistent with the maintenance of an objection to the court’s jurisdiction.
Statutory extension of territorial jurisdiction