High Court as the apex of the Australian judiciary system
Added on 2022-10-17
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Running head: COURT OBSERVATION REPORT
COURT OBSERVATION REPORT
Name of the Student
Name of the University
Author Note
COURT OBSERVATION REPORT
Name of the Student
Name of the University
Author Note
COURT OBSERVATION REPORT1
The Australian judicial system consists of judges who sit in the courts located at States
and Territories of Australia as well as in the federal courts (Wallace, Roach Anleu & Mack,
2017). The High Court is considered as the apex of the hierarchy as the ultimate decision is taken
by it (Douglas, Atkins & Clift, 2015). Below it, lie the superior courts which are the Supreme
Courts and Federal court of every State and territory. Beneath the superior courts lie the inferior
courts and they include Magistrates as well as County court of every state together with the
Federal Circuit court (Anleu & Mack, 2017).
Court visit is an important part that provides an insight to the daily affairs of the
courtroom and helps the law students to gain practical knowledge about the legal system of a
state. This court visit forms a very significant part of the law study as it helps to understand and
get acquainted with the working of such court by observing its actual proceedings (Henderson,
Heffer & Kebbell, 2016). In addition to this, the assignment also deals with the discussion of the
welfare system of Australia. As a part of the court visit, in order to enrich myself with the
practical knowledge of the legal system and for analyzing role, purpose together with the
structure of such court, I visited the Magistrates Court (Civil Law Court) Perth, WA. The case
which is observed during this visit is discussed in the later part of the assignment.
For this purpose, I reached the court around 2.15pm on 4th September 2019 and was
present there till 4 pm. After I reached the court, all my personal belongings were checked by
the security guards. This checking by the security guards was done to ensure the security of the
court environment. During this visit, I witnessed the trial of a teenager accused of terrorist
charge.
We were specifically told to keep the cell phones in silent mode or switched it off such
that no disturbance could occur during the hearing. The court is formed according to Magistrates
The Australian judicial system consists of judges who sit in the courts located at States
and Territories of Australia as well as in the federal courts (Wallace, Roach Anleu & Mack,
2017). The High Court is considered as the apex of the hierarchy as the ultimate decision is taken
by it (Douglas, Atkins & Clift, 2015). Below it, lie the superior courts which are the Supreme
Courts and Federal court of every State and territory. Beneath the superior courts lie the inferior
courts and they include Magistrates as well as County court of every state together with the
Federal Circuit court (Anleu & Mack, 2017).
Court visit is an important part that provides an insight to the daily affairs of the
courtroom and helps the law students to gain practical knowledge about the legal system of a
state. This court visit forms a very significant part of the law study as it helps to understand and
get acquainted with the working of such court by observing its actual proceedings (Henderson,
Heffer & Kebbell, 2016). In addition to this, the assignment also deals with the discussion of the
welfare system of Australia. As a part of the court visit, in order to enrich myself with the
practical knowledge of the legal system and for analyzing role, purpose together with the
structure of such court, I visited the Magistrates Court (Civil Law Court) Perth, WA. The case
which is observed during this visit is discussed in the later part of the assignment.
For this purpose, I reached the court around 2.15pm on 4th September 2019 and was
present there till 4 pm. After I reached the court, all my personal belongings were checked by
the security guards. This checking by the security guards was done to ensure the security of the
court environment. During this visit, I witnessed the trial of a teenager accused of terrorist
charge.
We were specifically told to keep the cell phones in silent mode or switched it off such
that no disturbance could occur during the hearing. The court is formed according to Magistrates
COURT OBSERVATION REPORT2
Court Act 2004 (WA). It is an inferior type of court and also a court of record. The court also
possesses the civil jurisdiction as per Magistrates Court (Civil Proceedings) Act 2004 (WA). The
court is located at 501 Hay St, Perth WA 6000, Australia. In the Western Australia, the court
hierarchy moves in the upward direction from the Magistrate court to Supreme Court via the
District court (Potter, 2018). All the criminal cases against adult initiate in this jurisdiction. It
mainly deals with the criminal cases summarily and for civil cases, claims up to maximum
75000$ are heard.
For court observation, I visited room 38 located at level 3. When I entered the court
room, I found that all the people stood up in order to show respect to the magistrate. Then the
hearing of the case began. When I visited the court, the court was presided by the magistrate. The
case involved a petty case of a taxi driver named Mr Gill who was issued ticket for traffic
infringement (Fraser, Meuleners & Chow, 2018). He actually parked his taxi in the loading zone
for which he was given the infringement ticket.
During the trial of the case, it is seen that both the family members, friends of the accused
were present. The magistrate was wearing the black gown. The solicitors present were using
laptops together with files containing papers. The traffic officer who issued the ticket was also
present. He explained to the magistrate the charge that was brought against the taxi driver.
He was then informed in details about the charges and the punishment mentioned in those
charges. He was informed that he was issued the ticket for causing the breach of section 2.8 of
the Parking Local Law 2010 pertaining to the Local Government Act 1995. The said section
enumerates about the loading zone. The section states that no person is allowed to park or stop
his vehicle in a loading zone. However there lies an exemption to this rule which states that this
section is not applicable to commercial vehicle and when the person is involved in unloading
Court Act 2004 (WA). It is an inferior type of court and also a court of record. The court also
possesses the civil jurisdiction as per Magistrates Court (Civil Proceedings) Act 2004 (WA). The
court is located at 501 Hay St, Perth WA 6000, Australia. In the Western Australia, the court
hierarchy moves in the upward direction from the Magistrate court to Supreme Court via the
District court (Potter, 2018). All the criminal cases against adult initiate in this jurisdiction. It
mainly deals with the criminal cases summarily and for civil cases, claims up to maximum
75000$ are heard.
For court observation, I visited room 38 located at level 3. When I entered the court
room, I found that all the people stood up in order to show respect to the magistrate. Then the
hearing of the case began. When I visited the court, the court was presided by the magistrate. The
case involved a petty case of a taxi driver named Mr Gill who was issued ticket for traffic
infringement (Fraser, Meuleners & Chow, 2018). He actually parked his taxi in the loading zone
for which he was given the infringement ticket.
During the trial of the case, it is seen that both the family members, friends of the accused
were present. The magistrate was wearing the black gown. The solicitors present were using
laptops together with files containing papers. The traffic officer who issued the ticket was also
present. He explained to the magistrate the charge that was brought against the taxi driver.
He was then informed in details about the charges and the punishment mentioned in those
charges. He was informed that he was issued the ticket for causing the breach of section 2.8 of
the Parking Local Law 2010 pertaining to the Local Government Act 1995. The said section
enumerates about the loading zone. The section states that no person is allowed to park or stop
his vehicle in a loading zone. However there lies an exemption to this rule which states that this
section is not applicable to commercial vehicle and when the person is involved in unloading
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