2002Medical Entomology and ZoologyRequires access

Cowen and Zines's federal jurisdiction in Australia

Zelman Cowen, Leslie Zines

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Abstract

Original Jurisdiction of High Court The Constitutional scheme The extent of Court's jurisdiction Matters: advisory opinions, standing The heads of jurisdiction Treaties: section 75(i) Consuls etc: section 75(ii) Commonwealths or States as parties: section 75(iii) and (v) Certiorari Assumption of jurisdiction Remedies and substantive rights Officers with Commonwealth and State powers Privative clauses Matters concerning Constitution and Commonwealth law Admiralty and maritime matters: section 76(iii) Forum non conveniens: remitter Jurisdiction Residents of Different States Reasons for diversity jurisdiction Diversity jurisdiction in State courts Between residents: distribution of parties The meaning of Corporations as residents Additional parties as accrued jurisdiction The Federal Courts Federal courts in United States and Australia The independence of judges and separation of judicial power The jurisdiction of federal courts Appellate jurisdiction Accrued jurisdiction Bona fides and substantiality Associated jurisdiction Proposals for an court system Cross-vesting of jurisdiction The Territorial Courts and Jurisdiction with Respect to Territories The Territories and their judicial systems Internal and external Territories Territorial courts in United States The Territories power in Australia: early cases A more integrated view of Territories power Territorial courts and section 72 Separation v integration Territorial matters and federal jurisdiction Self-governing Territories Common law matters in Territories Federal courts and original jurisdiction not within section 76(ii) The limits of jurisdiction of Territorial courts Jurisdiction relating to service of process Conclusion The Autochthonous Expedient: The Investment of State Courts with Federal Jurisdiction Section 77(iii) of Constitution Non-federal jurisdiction in respect of matters in sections 75 and 76 State courts and the federal judicature Limits on investing power Delegation of investing power The organisation of courts: court officers Prescribing number and character of judicial officers Jurisdictional limits Procedure Section 39 of Judiciary Act Federal criminal jurisdiction Investment of jurisdiction under other provisions Federal and State jurisdiction regarding same matter Admiralty and maritime jurisdiction Chapter III restrictions on State legislative power Table of Cases/ Index

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Original Jurisdiction of High Court The Constitutional scheme The extent of Court's jurisdiction Matters: advisory opinions, standing The heads of jurisdiction Treaties: section 75(i) Consuls etc: section 75(ii) Commonwealths or States as parties: section 75(iii) and (v) Certiorari Assumption of jurisdiction Remedies and substantive rights Officers with Commonwealth and State powers Privative clauses Matters concerning Constitution and Commonwealth law Admiralty and maritime matters: section 76(iii) Forum non conveniens: remitter Jurisdiction Residents of Different States Reasons for diversity jurisdiction Diversity jurisdiction in State courts Between residents: distribution of parties The meaning of Corporations as residents Additional parties as accrued jurisdiction The Federal Courts Federal courts in United States and Australia The independence of judges and separation of judicial power The jurisdiction of federal courts Appellate jurisdiction Accrued jurisdiction Bona fides and substantiality Associated jurisdiction Proposals for an court system Cross-vesting of jurisdiction The Territorial Courts and Jurisdiction with Respect to Territories The Territories and their judicial systems Internal and external Territories Territorial courts in United States The Territories power in Australia: early cases A more integrated view of Territories power Territorial courts and section 72 Separation v integration Territorial matters and federal jurisdiction Self-governing Territories Common law matters in Territories Federal courts and original jurisdiction not within section 76(ii) The limits of jurisdiction of Territorial courts Jurisdiction relating to service of process Conclusion The Autochthonous Expedient: The Investment of State Courts with Federal Jurisdiction Section 77(iii) of Constitution Non-federal jurisdiction in respect of matters in sections 75 and 76 State courts and the federal judicature Limits on investing power Delegation of investing power The organisation of courts: court officers Prescribing number and character of judicial officers Jurisdictional limits Procedure Section 39 of Judiciary Act Federal criminal jurisdiction Investment of jurisdiction under other provisions Federal and State jurisdiction regarding same matter Admiralty and maritime jurisdiction Chapter III restrictions on State legislative power Table of Cases/ Index

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Available abstract

Original Jurisdiction of High Court The Constitutional scheme The extent of Court's jurisdiction Matters: advisory opinions, standing The heads of jurisdiction Treaties: section 75(i) Consuls etc: section 75(ii) Commonwealths or States as parties: section 75(iii) and (v) Certiorari Assumption of jurisdiction Remedies and substantive rights Officers with Commonwealth and State powers Privative clauses Matters concerning Constitution and Commonwealth law Admiralty and maritime matters: section 76(iii) Forum non conveniens: remitter Jurisdiction Residents of Different States Reasons for diversity jurisdiction Diversity jurisdiction in State courts Between residents: distribution of parties The meaning of Corporations as residents Additional parties as accrued jurisdiction The Federal Courts Federal courts in United States and Australia The independence of judges and separation of judicial power The jurisdiction of federal courts Appellate jurisdiction Accrued jurisdiction Bona fides and substantiality Associated jurisdiction Proposals for an court system Cross-vesting of jurisdiction The Territorial Courts and Jurisdiction with Respect to Territories The Territories and their judicial systems Internal and external Territories Territorial courts in United States The Territories power in Australia: early cases A more integrated view of Territories power Territorial courts and section 72 Separation v integration Territorial matters and federal jurisdiction Self-governing Territories Common law matters in Territories Federal courts and original jurisdiction not within section 76(ii) The limits of jurisdiction of Territorial courts Jurisdiction relating to service of process Conclusion The Autochthonous Expedient: The Investment of State Courts with Federal Jurisdiction Section 77(iii) of Constitution Non-federal jurisdiction in respect of matters in sections 75 and 76 State courts and the federal judicature Limits on investing power Delegation of investing power The organisation of courts: court officers Prescribing number and character of judicial officers Jurisdictional limits Procedure Section 39 of Judiciary Act Federal criminal jurisdiction Investment of jurisdiction under other provisions Federal and State jurisdiction regarding same matter Admiralty and maritime jurisdiction Chapter III restrictions on State legislative power Table of Cases/ Index

Key concepts: Jurisdiction, Original jurisdiction, Law, Federal jurisdiction, Subject-matter jurisdiction, Political science, Criminal jurisdiction, Exclusive jurisdiction

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