Welcome to our series on the different courts and tribunals in each State and Territory of Australia, this is designed to be your quick reference guide to Australian Courts and Tribunals.
Please click on the relevant article to read more
Navigating Title and Protocol – In the Australian court system, judicial officers hold different titles depending on the level of the Court.
Judicial Notice – Did you know – that the doctrine of “Judicial Notice” allows a court to accept certain facts without requiring formal proof or evidence. The principle applies where the fact in question is so well known, indisputable, or readily verifiable that requiring evidence would serve no practical purpose.
The High Court and Federal Court – Australia operates under a court hierarchy, encompassing State, Territory, and Federal Courts. While State and Territory Courts and Tribunals primarily address matters under their respective laws, here we’ll focus on two key federal institutions: the High Court of Australia and the Federal Court of Australia.
Australia Capital Territory & Northern Territory – We discuss the civil jurisdiction of the two Australian Territories and methods of appeal.
Victoria & Tasmania – Civil proceedings are typically initiated in the State or Territory where the cause of action (the main issue or event leading to the claim) occurred, or where the Defendant resides.
New South Wales – Generally, legal proceedings must be initiated in the State or Territory where the cause of action arose (i.e., where the key events occurred) or where the Defendant resides. If New South Wales is the correct jurisdiction, the next step is to determine the appropriate venue for filing.
Queensland – In Queensland Courts or Tribunals a party needs to decide in which court or tribunal their proceeding must be filed.
Western Australia & South Australia – A quick reference guide to the civil jurisdiction in both Western Australia and South Australia, the decision on where to file is typically guided by the monetary value (quantum) of the claim.
For more on articles on relevant and interesting legal issues please see our WR Insurance Bulletins
The content of this article is intended to provide a general guide to the subject matter. Specific advice should be sought about your specific circumstances.
