In recent decades, Australian legal system has not been considered as a part of English, but as an independent system. However, to this day, Australian courts often refer to the authority of English judges.
In Australia, with its 14 million population, along with a federal system, there is a system of state law. However, these are close enough to each other especially in the field of civil, commercial and procedural law. This is explained by the fact that legal development in states was based on common law, and neither earlier stages, nor later judicial practice and legislation, mostly deviated from it.
The influence of precedents is decisive: statutory law continues to occupy only a third place after justice system and delegated legislation. Nevertheless, a role of statutes is significant, and they are represented by federal and state legislation. In particular, the competence of states includes property rights, contractual and tort law. Federative legislation regulates mainly labor relations and pensions, marriage and divorce issues, banking and copyright.
The Court system is crowned by a High Court of 6 judges and a chairman, which makes it the court hierarchy definition. As a judicature of the first instance, it examines disputes between states and the central government of Australia. Being the last appellate instance, the High Court decides on a fate of cases reviewed by one of its judges alone or claimed from other federal judicatures and state supreme courts.
Although supreme state judicatures have been allocated to federal jurisdictions, there have also been created in other federal courts, other than the High Court. Thus, in 1976, the Federal Court of Australia was established, which resolves disputes related to federal legislation on bankruptcy, trade, administrative and labor law. In this context, if you need a paper written about the Australian federal parliament, the best way to go about this would be to get some qualified assignment helper company such as edubirdie online. The Family Court of Australia has been operating since 1975, and the Federal Magistrates Service has been around since 1999. Judges of the High Court, Federal Court, and Family Court are appointed by a Governor-General (with consent of the Federal Executive Council) after consultations of a federal attorney with general attorneys of states.
In addition, many specialized courts have been established in Australia. These are the Tribunal of Administrative Appeals, industrial tribunals (dealing with labor disputes), juvenile courts, and those for the investigation of maritime accidents.
At a state level, there are local judicatures and civil rights activists that deal with civil cases (such common crimes as theft, carrying drugs) with the amount of the claim no more than $5,000. In the case of more serious crimes, for example, a murder or an obstruction of justice, the local judicature must determine the sufficiency of the grounds for transferring the accused to a higher judicature.
Australia has inherited a lot from its former metropolis, including the duality of the legal profession, which has been preserved in half of the states. In each of the subjects of the federation, the Supreme Court of the State establishes rules for admission to legal practice, but in practice, these rules are formulated by representatives of a legal community. For example, in Victoria, the Council for Legal Education is authorized to determine a test program for barristers and solicitors, and it consists of six members of the Supreme Court, four university professors and six representatives from legal organizations.
The judicial system of general jurisdiction of Australia, which for more than three centuries has resolved criminal legal conflicts and punished local communities, human rights leaders, families and their children in Anglo-American law, includes, among other things, juvenile offenders judicatures.
It has not changed significantly at the present time. However, innovations related to the administration of justice about juvenile offenders have not skipped this country. The main link of a system in question is the Juvenile Court, whereas a fight against crime in this category is vested in the police. There are also public groups such as supervisory boards who carried out certain prevention and social control in relations of delinquent children.
In 1993, South Australia adopted the Young Offenders Act, which abolished supervisory boards and childcare councils and replaced them with a system of measures to relieve criminal responsibility, as well as preventive measures on behalf of the police. This law was based on the fact that the sentences imposed by the juvenile judicature were too lenient and did not provide for proper accountability for the consequences of the acts committed.
It was noted that the legislative policy in the field of Australian criminal justice for minors should include sufficiently strict sanctions for illegal actions to ensure adequate protection of society. Conferences are just one strategy in a set of approaches designed to enforce law and obedience among adolescents. Conferences are intended for petty offenders. For more serious criminals, the punishment is toughened, and there is a tendency to withdraw more and more offenders from the jurisdiction of the juvenile judicature and send their cases to the general criminal judicatures. Concerning repeated offenders, sentences to indefinite measures of punishment and mandatory minimum terms of imprisonment began to be applied.