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The Australian court hierarchy consists of a variety of courts and tribunals at both the federal and state and territory levels, with the High Court being the highest court in the Australian judicial system.〔Australian Bureau of Statistics, ''1301.0 - Year Book Australia, 2012'', (Courts ).〕 A single body〔''Kirk'' ().〕 of Australian common law is applied in the various Australian courts, and ultimately determined by the High Court now that appeals to the (British) Judicial Committee of the Privy Council have been abolished.〔See the and the . Although Gibbs CJ, Mason, Wilson and Dawson JJ referred to the 'theoretical possibility' of an appeal to the Privy Council under the in ''Attorney-General v Finch'' , the Court described the grant of a s 74 certificate as 'impossible' in ''Kirmani v Captain Cook Cruises Pty Ltd (No 2)'' .〕 ==Superior and inferior courts== The High Court has described the concept of a superior court (and associated 'notions derived from the position of pre-Judicature common law courts') as having 'no ready application in Australia to federal courts.'〔''Re McJannet; Ex parte Minister for Employment , Training and Industrial Relations , 653 (Toohey, McHugh and Gummow JJ).〕 Despite this, Australian courts are frequently characterised as either 'superior' or 'inferior.' The Federal Court〔.〕 and the Supreme Courts of each State and Territory are generally considered to be superior courts. There is no single definition of the term 'superior court' (or 'superior court of record'). In many respects Australian superior courts are similar to the Senior Courts of England and Wales. In Australia, superior courts generally: * have unlimited jurisdiction in law and equity,〔See for example ; ; ; ; .〕 or at least are not subject to jurisdictional limits as to the remedies they may grant; * determine appeals, at least as part of their jurisdiction; * are composed of judges whose individual decisions are not subject to judicial review〔Although designation as a 'superior court of record' does not necessarily exclude the possibility of judicial review: ''Kirk'' ().〕 or appeal to a single judge; * are composed of judges entitled to the style and title The Honourable Justice; and * regularly publish their decisions in written form. Inferior courts are those beneath superior courts in the appellate hierarchy, and are generally seen to include the Magistrates and District (or County) Court of each State as well as the Federal Circuit Court. Inferior courts are typically characterised by: * jurisdiction conferred by statute and limited as to subject matter or the quantum of relief; and * amenability to judicial review by a single judge of a superior court where a right of appeal is not available. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Australian court hierarchy」の詳細全文を読む スポンサード リンク
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