Independence of State Courts Mind Map PDF

Preview

Summary

Download Independence of State Courts Mind Map PDF

Description

Commonwealth Parliament can vest federal jurisdiction in State courts under s 77(iii)

General principle is that the Commonwealth “must take State courts as it finds them” (Le Mesurier v Connor)

Commonwealth law and State courts

Nicholas limits

The rules apply to State courts exercising jurisdiction under Commonwealth laws

Boilermakers’ rule

Grollo rules

The critical notions of repugnancy and incompatibility are insusceptible of further definition in terms which necessarily dictate future outcomes (Gummow J in Kable; but see also Condon v Pompano)

The institutional integrity of a court requires both the reality and appearance of independence and impartiality (see French CJ in Totani)

Tenure of state and territory jud

Independence of State Courts

Limits on State laws affecting State courts

Kable doctrine: the Parliaments of the States may not legislate to confer powers on State courts which are repugnant to or incompatible with their exercise of the judicial power of the Commonwealth. The essential notion is that of repugnancy to or incompatibility with that institutional integrity of the State courts which bespeaks their constitutionally mandated position in the Australian legal system.

Criminal gang cases

Application of the Kable doctrine

Fa

Sex offenders

At

Po

Proceeds of crime...