judiciary act 1903

Judiciary Act 1903. Any person making any claim against a State, whether in contract or in tort, in respect of a matter in which the High Court has original jurisdiction or can have original jurisdiction conferred on it, may in respect of the claim bring a suit against the State in the Supreme Court of the State, or (if the High Court has original jurisdiction in the matter) in the High Court. (2A)  Where a matter in which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party is at any time pending in the High Court, the High Court may, upon the application of a party or of the High Court’s own motion, remit the matter, or any part of the matter, to the Federal Court of Australia. S584) (v), Jurisdiction of Courts Legislation Amendment Act 2000, Schedule 1 (item 56): 1 July 2000 (see Gazette 2000, No. (3)  The High Court may at any time, for sufficient reason and on such conditions as are just, order that particular facts may be proved by affidavit at the trial of a cause, or that the affidavit of a person may be read at the trial of a cause. No. Judiciary Act 1903, the jurisdiction conferred by this subsection on a State court of summary jurisdiction may only be exercised by certain judicial officers of the court. the laws of the State or Territory applying in the proceedings during which the court stated the case or reserved the question. Queensland intervenes under s 78A of the Judiciary Act 1903 (Cth) in support of the First Respondent. Amending laws are annotated in the legislation history and amendment history. 216, 1973; No. H.990 : HD.1885: By Mr. Williams of Springfield, a petition (accompanied by bill, House, No. (g)             The Judiciary Act 1903 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. (1)  The AGS may provide legal services and related services to or for the following: (b)  a person suing or being sued on behalf of the Commonwealth; (d)  a body established by an Act or regulations or by a law of a Territory; (e)  an officer of, or a person employed by: (ii)  a body established by an Act or regulations or by a law of a Territory; (f)  a person holding office under an Act or a law of a Territory; (h)  a company in which the Commonwealth has a controlling interest (including a company in which the Commonwealth has a controlling interest through one or more interposed Commonwealth authorities or Commonwealth companies); (i)  a person who has at any time been a person referred to in paragraph (c), (e), (f) or (g). (a)  a person is charged with the indictable offence; and. (1)  A person may request the Chief Executive and Principal Registrar for a certificate stating whether a person named in the request is or has been the subject of a vexatious proceedings order. Note:          This means the committal court may choose whether to refer a question of the person’s fitness to be tried to either the Federal Court of Australia or the superior State or Territory court. 77G  Orders and commissions for examination of witnesses. The Judiciary Act 1903 regulates the structure of the Australian judicial system and confers jurisdiction on Australian federal courts. (3)  Despite the fact that section 16 of the Legislation Act 2003 does not apply in relation to rules of court made by the Court under this Act or another Act, the Office of Parliamentary Counsel (established by subsection 2(1) of the Parliamentary Counsel Act 1970) may provide assistance in the drafting of any of those Rules if the Chief Justice so desires. (b)  an appeal arising out of such a prosecution is before a court of a State or Territory; (c)  the Federal Court of Australia does not have jurisdiction with respect to any matter in which the person who is or was the defendant in the prosecution seeks a writ of mandamus or prohibition or an injunction against an officer or officers of the Commonwealth in relation to a related criminal justice process decision; (d)  the Supreme Court of the State or Territory in which the prosecution or appeal is before a court is invested with, or has conferred on it, jurisdiction with respect to any such matter. An Attorney‑General’s lawyer may act in a matter for 2 or more parties who have conflicting interests in the matter if to do so has been approved by the Attorney‑General: (a)  by way of approval in relation to the particular matter; or. (1)  The proper officer of the Court by which the question reserved was determined shall certify the judgment of the Court under his or her hand and the seal of the Court to the proper officer of the Court in which the trial was had, who shall enter the same on the original record. The Judiciary Act 1903 regulates the structure of the Australian judicial system and confers jurisdiction on Australian federal courts. 5, 1937; No. 75  Certain errors not to avoid conviction. (2)  At the hearing of the application, the High Court may receive as evidence any record of evidence given, or affidavit filed, in any proceeding in any Australian court or tribunal in which the applicant is, or at any time was, involved either as a party or as a person acting in concert with a party. Proceedings on seizures made on the high seas for forfeiture under any law of the Commonwealth may be prosecuted in any State or Territory into which the property seized is brought. The changes must not change the effect of the law. (2)  An Attorney‑General’s lawyer acting in that capacity is entitled: (a)  to do everything necessary or convenient for that purpose; and, (b)  to practise as a barrister, solicitor, or barrister and solicitor in any court and in any State or Territory; and. In addition to the matters in which original jurisdiction is conferred on the High Court by the Constitution, the High Court shall have original jurisdiction: (a)  in all matters arising under the Constitution or involving its interpretation; and. (ii)  in respect of whom jurisdiction is conferred on a court of a State or Territory by section 68; even if jurisdiction in relation to that person and that offence is also conferred on the Federal Court of Australia by another law of the Commonwealth; and. (e)  specifying any affidavits to be filed following the giving of a notice under subsection 78B(1) and prescribing the persons by whom and times within which the affidavits are to be filed. (b)  any other order in relation to the stayed proceeding it considers appropriate, including an order for costs. No. Any State making any claim against the Commonwealth, whether in contract or in tort, may in respect of the claim bring a suit against the Commonwealth in the High Court. The order may be made subject to the conditions the High Court considers appropriate. party to a proceeding includes the complainant or victim (or alleged victim) in a criminal proceeding and any person named in evidence given in a proceeding and, in relation to a proceeding that has concluded, means a person who was a party to the proceeding before the proceeding concluded. February 13, 1801 2 Stat. The High Court may, in any cause pending in the Court and at any stage of the proceedings: (a)  order the examination of a person upon oath orally or on interrogatories before the Court, an officer of the Court or another person at any place within Australia; or. It is one of the oldest pieces of Australian legislation and has been amended over 70 times. 1) 1982, Part XXVI (ss. (b)  in relation to a tribunal—means a proceeding in the tribunal, whether between parties or not, and includes an incidental proceeding in the course of, or in connection with, a proceeding. (b)  a stay of proceedings will not substantially prejudice the person. 3 [item 1]), Schedule 1 (items 552–554): 5 Dec 1999 (, ss. S67) (h), Statute Law (Miscellaneous Provisions) Act 1988, Industrial Relations (Consequential Provisions) Act 1988, ss. (b)  in compliance with any procedure adopted by the High Court for informing a news publisher of the existence and content of a suppression order or non‑publication order made by the Court. The Judiciary Bill passed through the second session of the Commonwealth Parliament in the winter of 1903, and was enacted on 25 August that year. 1) 2015, Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2), Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015, Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2), Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015, Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2), Acts and Instruments (Framework Reform) Act 2015, Sch 1 (items 152–154, 166–179): 5 Mar 2016 (s 2(1) item 2), Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015, Sch 3 (items 1, 6): 5 Mar 2016 (s 2(1) item 8), Norfolk Island Legislation Amendment Act 2015, Sch 1 (item 142) and Sch 2 (items 356–396): 18 June 2015 (s 2(1) items 2, 6) Sch 1 (items 184–203): 27 May 2015 (s 2(1) item 3) Sch 2 (items 233–243): 1 July 2016 (s 2(1) item 5), Sch 1 (items 184–203) and Sch 2 (items 356–396), Territories Legislation Amendment Act 2016, Sch 1 and 3: 1 July 2015 (s 2(1) item 2). 50, 1959; No. (12) The amendments of the Judiciary Act 1903 made by this Act shall come into operation … 6 of............ Part III. (3)  A suppression order or non‑publication order may be made at any time during a proceeding or after a proceeding has concluded. 140, 2003; No. In any suit to which the Commonwealth or a State is a party, the rights of parties shall as nearly as possible be the same, and judgment may be given and costs awarded on either side, as in a suit between subject and subject. Interpretation 3A. (a)  any work performed by or on behalf of the AGS in providing services in accordance with section 55N; or. S187), 21 Apr 1980 (see s. 2 and Gazette 1980, No. Suits on behalf of a State may be brought in the name of the State by the Attorney‑General of the State, or by any person appointed by him or her in that behalf. (b)  affects, or shall be taken to have affected, the power under subsection 8(2) of the Special Prosecutors Act 1982 of a Special Prosecutor. (2)  If the proceedings are primary proceedings that: (a)  are to include either the person, the prosecutor or both appearing before the Federal Court in accordance with an order of a court of a State or Territory committing the person for trial on indictment before the Court for the offence; or. Legislation history and amendment history—Endnotes 3 and 4. 77RN  Making vexatious proceedings orders. 86, 1979; No. the laws of the State or Territory applying in the proceedings during which the court made the referral. (6)  Where a Register is kept in a State or Territory in accordance with subsection (5), a person who satisfies the Registrar or other officer keeping the Register that he or she is a person referred to in subsection (4) is entitled to be registered in that Register. Appeals to the High Court shall be instituted within such time and in such manner as are prescribed by Rules of Court. Suits to recover taxes accruing under any revenue law of the Commonwealth may be brought either in the State or Territory where the liability for the tax occurs or in the State or Territory where the debtor resides. 81  Security of the peace and for good behaviour. 1) 1995, Workplace Relations and Other Legislation Amendment Act 1996, Schedule 16 (items 60, 61, 65): 25 May 1997 (r) Schedule 19 (item 23): Royal Assent (r), s. 2(2) (am. The Act created the Office of Attorney General, whose primary responsibility was to represent the United States before the Supreme Court. (1)  In any matter pending in the High Court, not being a matter in which the High Court has exclusive jurisdiction, the Supreme Court of a State shall be invested with federal jurisdiction to hear and determine any applications which may be made to a Justice of the High Court sitting in Chambers. (1)  A suppression order or non‑publication order operates for the period decided by the High Court and specified in the order. 6, 1903. 990) of Bud Williams and others for legislation to decriminalize certain non-violent demonstrations by students. 125, 1999), Heading to Div. (2)  The Legislation Act 2003 (other than sections 8, 9, 10 and 16 of that Act) applies in relation to rules of court made by the Court under this Act or another Act: (a)  as if a reference to a legislative instrument were a reference to a rule of court; and, (b)  as if a reference to a rule‑maker were a reference to the Chief Justice acting on behalf of the Justices of the Court; and. (b)  a person, acting in concert with another person who is subject to a vexatious proceedings order or who is covered by paragraph (a), has instituted or conducted a vexatious proceeding in an Australian court or tribunal. 49  Contravention of order to constitute contempt. Part V—Appellate jurisdiction of the High Court. Judgment includes any judgment decree order or sentence. 164, 1976; No. (3)  When in any cause pending in the High Court a receiver or manager appointed by the Court is in possession of any property, the receiver or manager shall manage and deal with the property according to the requirements of the laws of the State or Territory in which the property is situated in the same manner as that in which the owner or possessor of the property would be bound to do if in possession of the property. (3)  In the case of the death of the party in whose favour the judgment is given or made, notice of appeal may be given to his or her personal representative, or, if there is no such representative, to such person as the High Court directs. Judicial Circuits Act: 14 Stat. includes the Australian Capital Territory and the Northern Territory. Judiciary Act of 1801, 2 Stat. Pub. (10)  Where, in accordance with a procedure of the kind referred to in subsection (7), a person is to be sentenced by a court having jurisdiction to try offences on indictment, that person shall, for the purpose of ascertaining the sentence that may be imposed, be deemed to have been prosecuted and convicted on indictment in that court. (1)  An AGS lawyer acting in that capacity is entitled: (2)  An AGS lawyer acting in that capacity in a State or Territory is not subject to a law of a State or Territory that relates to legal practitioners except to the extent that such laws: (a)  impose rights, duties, or obligations on legal practitioners in relation to their clients or to the courts; or. 65  No execution against Commonwealth or a State. (3)  An act or omission that constitutes an offence under this section may be punished as an offence even though it could be punished as a contempt of court. In every suit in the High Court, unless the Court otherwise orders, the trial shall be by a Justice without a jury. (1)  When an offence against the laws of the Commonwealth is begun in one State or part of the Commonwealth and completed in another, the offender may be dealt with tried and punished in either State or part in the same manner as if the offence had been actually and wholly committed therein. Quorum of Justices on appeals from State Supreme Courts. Watch Queue Queue Upon committal the person committed shall be supplied with a copy of this subsection. So far as the laws of the Commonwealth are not applicable or so far as their provisions are insufficient to carry them into effect, or to provide adequate remedies or punishment, the common law in Australia as modified by the Constitution and by the statute law in force in the State or Territory in which the Court in which the jurisdiction is exercised is held shall, so far as it is applicable and not inconsistent with the Constitution and the laws of the Commonwealth, govern all Courts exercising federal jurisdiction in the exercise of their jurisdiction in civil and criminal matters. (2)  The High Court may make such orders as it thinks appropriate to give effect to an order under subsection (1). 2001, The judicial power of the Commonwealth, report : a review of the Judiciary Act 1903 and related legislation / Australian Law Reform Commission Australian Law Reform Commission Sydney. s. 79.................................... s. 80.................................... am. 25  Powers of court to extend to whole Commonwealth. Identity and activity of the Australian Government Solicitor, (1)  There is to be an Australian Government Solicitor (the, (b)  who is a person in the Attorney‑General’s Department who is engaged under the, Persons and bodies for whom the AGS may provide services, Attorney‑General’s Legal Services Directions, (1)  The Attorney‑General may issue directions (, Compliance with Legal Services Directions, Legal Services Directions and legal professional privilege, Anything done under Legal Services Directions not actionable, Suits by and against the Commonwealth and the States, Suits by a State against the Commonwealth, Suits against a State in matters of federal jurisdiction, Injunction against a State and its officers, Service of process when Commonwealth or State is party, No execution against Commonwealth or a State. (b)  the Supreme Court of the State or Territory in which the prosecution is proposed to be commenced is invested with, or has conferred on it, jurisdiction with respect to any such matter. But on the application of either party the Justice may order the application to be adjourned into Court and heard in open Court. (11)  Nothing in this section excludes or limits any power of arrest conferred by, or any jurisdiction vested or conferred by, any other law, including an Act passed before the commencement of this subsection. 17, 1955; No. 65, 1933; No. (4)  If a person contravenes or fails to comply with an order referred to in subsection (1), the Federal Court of Australia has the same powers to punish the person for the contravention or failure as if the order had been made by that Court. If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. (d)  broadcast or publication by means of the internet. means a court of Victoria, and includes a Judge of such a court and any Magistrate, Justice of the Peace or Coroner of Victoria. Judiciary Act 1903 (Cth) and the fourth under the Administrative Decision (Judicial Review) Act 1977 (Cth) (the ADJR Act). 109, 1960. s. 1 (3). 100, 2005; No. (4)  The Attorney‑General may authorize the payment by the Commonwealth to a party of an amount in respect of costs arising out of the adjournment of a cause by reason of this section. proceeding means a proceeding in a court, whether between parties or not, and includes an incidental proceeding in the course of, or in connection with, a proceeding, and also includes an appeal. (1)  Where a cause pending in a federal court including the High Court or in a court of a State or Territory involves a matter arising under the Constitution or involving its interpretation, it is the duty of the court not to proceed in the cause unless and until the court is satisfied that notice of the cause, specifying the nature of the matter has been given to the Attorneys‑General of the Commonwealth and of the States, and a reasonable time has elapsed since the giving of the notice for consideration by the Attorneys‑General, of the question of intervention in the proceedings or removal of the cause to the High Court. (3)  The presiding judge is thereupon required to state in a case signed by him or her the question of law so reserved with the special circumstances upon which it arose, and if it be reserved for the High Court the case shall be transmitted to the Registry of the High Court. Does Australian Law Enforcement have Human Rights Obligations. 164, 1976; No. (4)  Where the Attorney‑General of the Commonwealth or of a State institutes an appeal from a judgment given in proceedings in which the Attorney‑General of the Commonwealth or the State, as the case may be, has intervened under this section, a court hearing the appeal may make such order as to costs against the Commonwealth or the State, as the case may be, as the court thinks fit. AMA Adopts WMA Declaration of Geneva 2,500-year-old Hippocratic Oath. Today marks the 95th anniversary of the High Court’s judgment in In re The Judiciary Act 1903-1920 and In re The Navigation Act 1912-1920 (1921) 29 CLR 257, often abridged as In re Judiciary Act. A judgment debt under a judgment of the High Court carries interest, at such rate as is fixed by the Rules of Court, from the date as of which the judgment is entered. 43, 1939, Heading to Div. (1)  Any matter other than a matter to which subsection (2) applies that is at any time pending in the High Court, whether originally commenced in the High Court or not, or any part of such a matter, may, upon the application of a party or of the High Court’s own motion, be remitted by the High Court to any federal court, court of a State or court of a Territory that has jurisdiction with respect to the subject‑matter and the parties, and, subject to any directions of the High Court, further proceedings in the matter or in that part of the matter, as the case may be, shall be as directed by the court to which it is remitted. 109, 1960; No. 164, 1976; Nos. 2 of............ Part II. (2)  On the hearing of the case the Full Court may affirm or reverse the order arresting judgment. If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. (b)  acting in concert with another person who is subject to an order mentioned in paragraph (a). (b)  the Court is satisfied that the other party has no reasonable prospect of successfully defending the proceeding or that part of the proceeding. (4)  A person who is, under subsection (1), entitled to practise as a barrister or solicitor, or both, in any federal court has a right of audience: (a)  in any court of a State in relation to the exercise by the court of federal jurisdiction; and. 1 of............ Part III, Heading to Div. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history. 21  Applications for special leave to appeal to High Court. (b)  whether the interests of the administration of justice, either generally or in the particular case, require consideration by the High Court of the judgment to which the application relates. (1)  The High Court may make a suppression order or non‑publication order on one or more of the following grounds: (a)  the order is necessary to prevent prejudice to the proper administration of justice; (b)  the order is necessary to prevent prejudice to the interests of the Commonwealth or a State or Territory in relation to national or international security; (c)  the order is necessary to protect the safety of any person; (d)  the order is necessary to avoid causing undue distress or embarrassment to a party to or witness in a criminal proceeding involving an offence of a sexual nature (including an act of indecency). The AGS may act in a matter for 2 or more parties who have conflicting interests in the matter if to do so has been approved by the Attorney‑General: (b)  by way of written arrangements covering the circumstances in which the AGS may so act. Proceedings after removal................................................................. 26, 42.......... Remittal of causes............................................................................. 26, 43.......... Effect of interlocutory orders etc. Heading to Div. (a)  affects the power of the Director of Public Prosecutions to prosecute by indictment in his or her official name; or. Justice means a Justice of the High Court and includes the Chief Justice. (3)  This section does not affect the operation of any provision made by or under any other Act for or in relation to the giving of security. means a person engaged in the business of publishing news or a public or community broadcasting service engaged in the publishing of news through a public news medium. (4)  Subsection (3) shall not be taken to preclude interest or a sum in lieu of interest being given, pursuant to this section, upon compensation in respect of a liability of the kind referred to in paragraph (3)(a) where that liability has been met by the plaintiff, as from the date upon which that liability was so met. 3 of............ Part VIII. A second level trial court, the Circuit Court, was also created by that Judiciary Act. It is one of the oldest pieces of Australian federal legislation and has been amended over 70 times. 2) 1984, Statute Law (Miscellaneous Provisions) Act (No. of (address and occupation) did on the day of, 20        , obtain a judgment of the (name of Court) in his or her (as the case may be) favour and that by that judgment the sum of                was awarded to him or her (as the case may be). 58  Suits against a State in matters of federal jurisdiction. (b)  is not required to be given to the Attorney‑General of the Commonwealth if he or she or the Commonwealth is a party to the cause and is not required to be given to the Attorney‑General of a State if he or she or the State is a party to the cause. (k)              The Judiciary Act 1903 was amended by section 32 (in part) only of the A.C.T. 55ZG  Compliance with Legal Services Directions. Wikipedia Citation. Heading to Div. (2)  An act or omission that constitutes an offence under this section may be punished as a contempt of court even though it could be punished as an offence. (2)  The jurisdiction conferred on the Supreme Court of the Territory by this Part is in addition to, and not in derogation of, any jurisdiction otherwise conferred on that Court. The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. Section 39B Judiciary Act 1903 Was the decision made by an officer of the Commonwealth (s 39B(1)) or - does it ‘arise under any law made by the Parliament’ (s 39B(1A)(c))? Judiciary Act 1903 (Cth) s 39B. (b)  by way of written arrangements covering the circumstances in which an Attorney‑General’s lawyer may so act. 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