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This edited collection brings together scholars and practitioners in every chapter to provide a comprehensive and unique exploration of courts in Australia. The primary focus is to identify controversies, challenges and change, in the form of potential reforms within the courts across Australian jurisdictions. Bringing forward original research and scholarship on a wide array of courts in Australia, combined with insightful practitioner perspectives, research will be effectively integrated with practice. This book is the first comprehensive collection of its kind to canvas the diversity of courts in Australia, providing comprehensive critical analysis of contemporary issues, debates and reforms. It considers the array of courts across state, territory and national jurisdictions in Australia, including coroners’ courts, family courts, criminal, civil courts and problem solving courts. It also adopts an intersectional approach, providing insights into the perspectives of various court users such as people with disability, ethnic minorities, Indigenous Australians, and victims of crime. Each chapter provides opportunities for further debate among scholars, practitioners and students regarding potential future directions for reform to improve the efficacy, equity and accessibility of Australian courts.This collection serves as an international ready reference for students, scholars and practitioners alike.
Revealing analysis of how judges work as individuals and collectively to uphold judicial values in the face of contemporary challenges.
Larrikins, larks, lurks and the law. A collection of short stories based on real characters and cases collected over four years as a court reporter for ABC radio.
The High Court, the Constitution and Australian Politics is an in-depth exploration of the relationship between decisions of the High Court and broader political currents in Australia. It begins with an investigation of the patterns and effects of constitutional invalidation and dissent on the High Court over time, and their correlation with political trends and attitudes. It also examines the role of constitutional amendment in expressing popular constitutional understandings in the Australian system. Subsequent chapters focus on the eras marked by the tenure of the Court's 12 Chief Justices, examining Court's decisions in the context of the prevailing political conditions and understandings of each. Together, the chapters canvass a rich variety of accounts of the relationship between constitutional law and politics in Australia, and of how this relationship is affected by factors such as the process of appointment for High Court judges and the Court's explicit willingness to consider political and community values.
How to Run Your Own Court Case is a simple, practical how-to guide to representing yourself in a non-criminal court or tribunal. It applies Australia-wide and covers all areas of non-criminal law, including debt, consumer claims, landlord and tenant issues, family law and appeals of government decisions. The book can be used by both the person bringing the action and someone defending an action brought against them. Although written for non-lawyers, it is also a useful resource for law students and new lawyers.
Courts and Federalism examines recent developments in the judicial review of federalism in the United States, Australia, and Canada. Through detailed surveys of these three countries, Gerald Baier clearly demonstrates that understanding judicial doctrine is key to understanding judicial power in a federation. Baier offers overwhelming evidence of doctrine's formative role in division-of-power disputes and its positive contribution to the operation of a federal system. Courts and Federalism urges political scientists to take courts and judicial reasoning more seriously in their accounts of federal government. Courts and Federalism will appeal to readers interested in the comparative study of law and government as well as the interaction of law and federalism in contemporary society.
The Children’s Court is one of society’s most important social institutions. At the same time, it is steeped in controversy. This is in large measure due to the persistence and complexity of the problems with which it deals, namely, juvenile crime and child abuse and neglect. Despite the importance of the Children’s Court as a means of holding young people accountable for their anti-social behaviour and parents for the care of their children, it has not been the subject of close study. Certainly it has not been previously studied nationally. This book, an edited collection, is based on the findings of study that spanned the six States and two Territories of Australia. The study sought to examine the current challenges faced by the Children’s Court and to identify desirable and feasible directions for reform in each State and Territory. A further unique feature of this study is that it canvassed the views of judges and magistrates who preside over this court.
The Mason Court ushered in a new age of Australian jurisprudence. Adopting a more explicit style of judicial reasoning, it drew its precedents from a wider range of jurisdictions and presided over new directions in Australian law in areas ranging from contract to constitutional and equity to native title. Why did this happen and where will it lead? Why are courts overseas feeling similar pressures and how are they reacting? The papers in this book, conceived as a tribute to Sir Anthony Mason, debate the role of courts of final jurisdiction and of their chief justices at the end of the 20th century.
Federal Court of Australia Act 1976 (Australia) (2018 Edition) The Law Library presents the complete text of the Federal Court of Australia Act 1976 (Australia) (2018 Edition). Updated as of May 15, 2018 This book contains: - The complete text of the Federal Court of Australia Act 1976 (Australia) (2018 Edition) - A table of contents with the page number of each section