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AUSTRALIAN LEGAL SYSTEM by Alice Ken
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AUSTRALIAN LEGAL SYSTEM |
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Education,Law,Writing
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Australia is known as a parliamentary democracy. The federal system of the government of Australia was established by Australian constitution. The Australian constitution was developed by people who voted for its implementation. Under the Australian legal system the power is normally distributed between the national government and the six states. The legal system was inherited from the England during colonization time. Australian laws are the cases and legislation. Cases are the decisions that are made by judges while legislation are rules made by the parliament. The house passes a bill and if it is approved by the house, it becomes a law. Australian law is hierarchical and consists of high court which is divided into federal court of Australia and family court of Australia, there is superior court and intermediate court. Intermediate court is divided into coroner’s court, lower court and children’s court. The high court of Australia is the highest court of the country. It deals with the matters related to the constitution and the appeals from the federal and state courts. Federal court has appellate division and two divisions with the original jurisdiction. The two division in the original jurisdiction are the general division which deals with bankruptcy and taxation cases and the other division is the industrial division which deals with federal industrial relations issues. The function of appellate division is to hear the appeals from the divisions of the court. Cases in the appellate division are normally heard by three judges. Family court of Australia deals with divorce, child and spouse maintenance and child custody matters. Children’s court deals with all cases which involves children except the indictable criminal cases. Coroner’s court deals with unexplained deaths and fires. Coroner court ca order an inquest to decide the course of death or fire. Intermediate court have original jurisdiction.
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