Jurisdiction Flashcards
District Court - CIVIL
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)
Supreme Court Civil
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.
Federal Court
.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)
Court of Appeal
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