Kinh tế học - Chapter 2: The australian court system

This is the prescribed textbook for your course.Available NOW at your campus bookstore!Copyright © 2000 McGraw-Hill AustraliaThe Australian court system Chapter 21Copyright © 2000 McGraw-Hill AustraliaDoctrine of precedent (Stare decisis)Courts should treat similar cases in similar fashion.Results in:Precedent - a judgement of a court cited as authority for the legal principle embodied in the decision. 2Copyright © 2000 McGraw-Hill AustraliaBasis of precedentRatio decidendi - The reason for the decision made by the judgesObiter dictum - Observations made by judges in explaining or further clarifying their decisions3Copyright © 2000 McGraw-Hill AustraliaPrecedentsBinding Precedent - Courts must follow the ratio decidendi of judgements made in higher courts in the same court hierarchy.Persuasive Precedent - Courts may follow the ratio decidendi of all other courts not higher in the same court hierarchy, or the obiter dicta of all courts.4Copyright © 2000 McGraw-Hill AustraliaJurisdictionOriginal Jurisdiction - Certain matters can be heard for the first time.Appellate Jurisdiction - Hearing a matter on appeal from another court.5Copyright © 2000 McGraw-Hill AustraliaImportance of a court hierarchySerious matters are heard by higher courts with more experienced judges.Ensures doctrine of precedent can operate through appellate jurisdiction.Allows appeals against decisions on the basis of mistakes of law.Allows for specialisation.6Copyright © 2000 McGraw-Hill AustraliaCourt hierarchy7Copyright © 2000 McGraw-Hill AustraliaSpecialist tribunalsFederal levelsThe Administrative Appeals Tribunal – Reviews decisions of Commonwealth Departments and Statutory BodiesThe Australian Competition and Consumer Commission (ACCC) – Enforces the restrictive trade practices provisions and the consumer protection provisions of the Trade Practices ActThe Australian Competition Tribunal – Hears Authorisation applicationsThe Native Title Tribunal – deals with Native Title applicationsAustralian Industrial Relations Commission (AIRC) – Prevents and settles disputes, determines industrial matters, and may approve statutory employment agreements8Copyright © 2000 McGraw-Hill AustraliaSpecialist tribunalsState levelsSmall Claims Tribunals – for consumers to complain about activities of tradersIndustrial Relations Commissions – prevent and settle disputes, determine industrial matters, and may approve statutory employment agreements9Copyright © 2000 McGraw-Hill AustraliaAdversary system of justiceStandard of proof - the degree of proof required in order to succeed in a legal actionBurden of proof - the party that is required to prove its cause (in a legal proceeding)10Copyright © 2000 McGraw-Hill AustraliaAdversary system of justice11Copyright © 2000 McGraw-Hill AustraliaCross-vesting laws State courts can exercise jurisdiction over Federal matters and Federal courts can exercise jurisdiction over State matters12Copyright © 2000 McGraw-Hill AustraliaCommonwealth Acts Interpretation Act 1901S15 AA (1)“In the interpretation of a provision of an Act a construction that would promote the purpose or object underlying the Act (whether that purpose or object is expressly stated in the Act or not) shall be preferred to a construction that would not promote that purpose or object.”Rules of Statutory Interpretation13Copyright © 2000 McGraw-Hill AustraliaRules of Statutory interpretationThe literal rule: The Courts are to interpret the words used in an Act of Parliament literally as far as they can, i.e. they must give the words used in statutes the same meaning that they have in every day use.14Copyright © 2000 McGraw-Hill AustraliaRules of Statutory interpretationThe Golden Rule:The courts may depart from a literal reading of the Act to prevent an absurd result.15Copyright © 2000 McGraw-Hill AustraliaRules of Statutory interpretationThe purpose approach:Where a literal interpretation is not possible (e.g. the words are ambiguous) the court may interpret the statute according to the original purpose or policy underlying its enactment. (Information behind Statute can be used in order to understand what was meant to be achieved.)16Copyright © 2000 McGraw-Hill AustraliaGeneral rules of interpretationLegislation is not intended to be retrospective.Where there are several matters specifically dealt with by a statute, matters not stated are not intended to be covered.Where there is reference to both general and specific matters, the general matters are limited to matters of a similar nature or class to the specific matters.17Copyright © 2000 McGraw-Hill AustraliaGeneral rules of interpretationTechnical words used in a statute are to be given their technical meaning.If there is conflict between a general and a specific provision in the statute, the specific provision should receive precedence.18Copyright © 2000 McGraw-Hill AustraliaCitation of casesA case in support of a legal principle is cited by quoting the names of the parties and giving a reference to the law report where the case can be found.19Copyright © 2000 McGraw-Hill AustraliaExample of citation of cases Plaintiff (person bringing action) Defendant (person against whom action bought) Norwich Winterhur Insurance (Aust) Ltd v Harold Smith (Motors), Ltd Dick Bentley Productions, Ltd and Another (1965) 2 ALLER 65 PageYear case Volume Relevantdecided law Report20Copyright © 2000 McGraw-Hill Australia