Jurisdiction Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

District Court - CIVIL

A

s 4 (1) DCA -$100,000 - $1,250,000

motor accident claims and workplace injury damages claims is unlimited

144(2) CPA if District Court decides it lacks, or may lack, jurisdiction - the court must transfer to Supreme Court.

Extension:

If claim is detailed enough and appears to exceed $1,250,000, and the defendant hasn’t objected, the jurisdiction can be extended up to 50% more, reaching a maximum of $1,875,000. (Hadaway v Robinson)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Supreme Court Civil

A

s 23 SCA - Unlimited civil jurisdiction and handles claims of more than $750,000

Appeals:

Right of appeal 101(2) SCA

Appeals from district court - DCA S127 (Dissatsified with judgment) Challenge of fact (as opposed to law)

^ leave required when: interlocutory, costs only, less than $100,000, summary judgment, order consented to.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Federal Court

A

.Federal Court practice areas: PN: FC Central

Federal Crime
Admiralty and Maritime
Native Title
Taxation
Admin, constitutional and Human Rights
Commercial and corportae
Inetellectual Property
Employment and IR

Note” requirement for ADR before commencing proceedings in FC. (FC PN CENTRAL)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Court of Appeal

A

DCA 142N - Appeals from district court regarding point of law or admission or rejection of evidence.

^ Leave required when: less than $20,000, interlocutory, costs only, consent given.

101(2)(r) right of appeal.

Leave

Winding up
Interlocutory
Solely concerning costs
Parties have given consent
Interpleader
Clerical mistake
Summary judgment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly