Court Report Assignment Solved

Court Report

INTRODUCTION...........................................................................................................................1
PART 1............................................................................................................................................1
Question 1 Process of local and districts courts in Australia......................................................1
PART 2............................................................................................................................................2
Court proceedings in local and district court..............................................................................2
PART 3............................................................................................................................................4
General information....................................................................................................................4
CONCLUSION................................................................................................................................4
REFERENCES................................................................................................................................4

INTRODUCTION
Legal courts is all about resolving legal issues by following a suitable procedure in order
to resolve it in more suitable manner. However, main objective of judiciary system is to defend
the parties with the use of suitable provisions, norms, rules and regulations (Liberman, 2013).
Therefore, this assignment is going to highlight the appropriate procedure which is followed by
local and district courts in resolving cases which are announce in the court. Along with this,
process of legal proceedings is outlined in the project as well as general information associated
with criminal offences.
PART 1
Question 1 Process of local and districts courts in Australia
Judiciary of Australia consist of federal courts and tribunal of States and Territories of
Australia as their main objective is to bring Idea of Justice out. However, large numbers of
tribunal in Australia follows distinct procedural powers and characteristics, distinct jurisdictional
limits, various solution authorities and distinct cost structures. As per Australian Constitution,
federal judiciary power is assigned in High Court of Australia and this federal tribunal are
designed by federal Parliament. Mainly Australian court system is designed as a hierarchy that
means few tribunals are having major power as compared to others. Basically, it depends upon
the seriousness of offence as distinct tribunal deals in distinct cases. For example; there are two
basic types of courts are identified in Australian court such as; state which is set up or designed
under state laws and federal tribunal that is designed under common wealth laws (Sweeney and
Payne, 2012). Apart from this, there are some tribunals or considered as local courts are also
present which deals in various issues such as; children’s, family court that deals with various
cases. In northern territory, Judges are taking part in both local as well as supreme court. On the
other hand, local court is also considered as Magistrate Court. However, Process of justice being
manage in Local court with the help of various judges as 14 local Court judges are present in
Northern Territory. Basically, Chief judge of local tribunal and eight other judges are based on
Darwin whereas four are in Alice Springs and one presides in Katherine. Moreover, all the local
court Judges are travel to another remote locality Courts across the Northern Territory such as
Tennant Creek, Borroloola, Yuendumu and Nhulunbuy.
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In simple words, Local Court of New South Wales is considered as Lowest Court in
Judiciary hierarchy of Australian State of New South Wales. On the other hand, it is also general
known as Court of Petty sessions and Magistrates Court as more than 160 branches across New
South Wales where this tribunal is going to deal with number of minor civil and criminal
matters. Basically, problems are listen before sitting of single magistrate without a jury
addressed as “Your Honour” or “Sir”. Along with this, local tribunal has no jurisdiction in
claiming equity.
After that, on the appeal, entire matters is going to heard by District Court of New South
Wales that includes appeals against any statement, sentence, judgement or conviction which is
given in local court.
Consequently, it has been understood that local court of New South Wales hears only
civil matters whose monetary value is almost up to $100,000 such as; mental health issues,
family matters, child care problems, adult criminal proceedings that includes committal hearings
henceforth. Hence, I have come to aware from these necessary information when I visited local
and district courts of Australia as this court claims only small division which are of less than $10,
000 as well as consider applications for Apprehended Violence orders (AVOs). Additionally,
under family law Act 1975, local court is having limited jurisdictions in order to hear, consider
and determine family legal issues. Along with this, also deal with the applications such as;
property settlements and residence orders (Tran and et. Al., 2014).
Instead of this, one thing which I come to know about district court that it exists in
various nations and in Australia this name is given to most of the intermediate tribunal.
Basically, they hear indictable means most serious criminal cases but exclude treason, murder
and in few states cases of manslaughter is also excluded.
Sweeney, Deborah --- "Court Communications" [2000] ALRCRefJl 23; (2000) 77
Australian Law Reform Commission Reform Journal 16.
In this article, Deborah states her opinions about proper communications in court room in
local court of Australia. Basically, she has make judgements and deal with almost 90% cases
before tribunals in New South Wales. However, number of people who is going into the court
will have their first or foremost experience of court. Although this court deals with around one
quarter of million cases in each and every year. Moreover, this court handled broad range of
matters that includes criminal prosecutions of adults and children’s such as; claim of civil is up
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to $40,000 who are mainly claim for monetary problems and loss or damage which is faced by
an individual because of another. For example; violence orders, family law applications,
industrial issues which includes breach of work security legislation and inquiries associated
with mental health. In criminal prosecution, prosecuting authority like police member or
Director of Public prosecutions is liable for bringing charge against an individual such as
activity which breaches the traffic laws to sexual and any other assaults or mistake. On the
other hand, offence charge is available there due to seriousness of criminal problem as it is
indispensible for a person who is coming in a court needs to be either defend the charge or
plead guilty as well as responsible to ask the tribunal for take the issues into consideration
while sentencing. Although, this same thing is applies when people are bringing civil cases or
obtaining family law orders.
Hence, by analysing all these necessary information, I came to know that an appropriate
procedure is followed in both tribunals for managing things in better manner. Their main
objective is to resolve the cases in better way in order to satisfied both the parties.
PART 2
Court proceedings in local and district court
In local court, cases are mainly associated with civil cases that are conflicts about
monetary terms or property such as;
 Agreements or contract of loan,
 Unpaid bills
 Injury or damage due to accident through motor vehicle
 Property not returned.
Thus, Courts of New South Wales are always deals with civil conflicting situations which
claims up to $100,000. Basically, this court is classified into two parts for determining civil cases
such as; small claims divisions which resolve the claims up to $10,000 and few general classified
claims over $10,000.
Small claims division- Proceedings in this division are very less formal and very minor
technical as compared to other civil cases as well as provisions of evidence is not applied at all.
It means that, there is absence of witnesses in order to act as evidence for defending that small
claim issues until and unless court decides (Chesterman, 2013).
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On the other hand, in most of the defended issues, pre-trial review is going to held before
hearing procedure. However, main objective of pre-trial review is to support the parties in order
to reach an agreement or solution if possible without taking help from hearing process. Basically,
this process is conducted by registrar, assessor or magistrate. Hence, if the agreement doesn’t
reached at court then assessor, registrar or magistrate can only gave direction to parties for filling
witness statements for a certain date. Furthermore, appeal might go to the district court but only
on few condition such as; if there is possibilities of lack of jurisdictions or parties is not agree
with the process of fairness (Homan, 2013).
General division- In this claims, formal procedure is followed. In defended cases, witness
are attend for acting as evidence and this case is determined by magistrate. Basically, appeals
against the judgment of general divisions are made further in supreme court if there is
questioning on law.
Apart from this, before starting a legal proceedings in local and district courts, civil
proceedings started by filling a form which is known as statement of claim. Basically, fee will be
charge for filing this form. Although, client can file document in any local court office which
deals with the claims up to $100,000. For example; if case will be file for district court than the
document will be submitted in any district court which are deals the claims up to $750,000.
Along with this, also deals with the motor accident claims and work on injury issues for
unlimited amounts (Aryamanesh and et. Al., 2011).
PART 3
General information
Criminal justice system provides for two types of offences which are known as summary
offences and indictable. According to general rule, less serious crimes are considered as
summary offences whereas if there is availability of high range of penalty than it is known as
indictable offence. However, summary offences mainly carries the maximum penalty charge is
almost 2 years of imprisonment as per parliamentary rules. Along with this, follows Crimes Act
1990 that make fully clear that specific offence is belong to the category of summary offence.
For instance; drink while driving is considered as crime as until and unless someone is not yet
killed than it is considered as summary offences. Apart from this, trespassing is also falls under
summary offence (Caruso and Cross, 2012).
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On the other hand, indictable are considered as most serious crimes which are deal or
resolve in district or supreme court of New South Wales. However, few cases of indictable are
also dealt in local court because in this tribunal penalty is not that much maximum. Basically,
there is a some difference between Local Court and Magistrate Court in various criminal matters.
Although, role of local or Magistrate tribunal in criminal matters varies in each state and
Territory. For instance; in NSW almost 90% of criminal matters will resolved by local court. On
the other hand, in ACT Magistrate court listen criminal issues but only make judgement whether
or not the accused needs to be sent to higher court for a trial.
District and Country Court- These tribunals are the next level up from local or
Magistrate court. Basically, these tribunals are responsible for conducting criminal trails with
juries for indictable wrongdoings.
Supreme Court- This tribunal is considered as top most court in that specific state or
territory. However, most of the Supreme Court conducts jury trials for several indictable
offences but this is mainly only handled very serious offences like; murder. Apart from this,
court will also hear all the appeals from lower courts. Basically, these appeals are related with
questions of facts or any doubts related with legal terms and conditions. Additionally, there are
some special appeal divisions of supreme court such as, in Victoria and Queensland, divisions
which hears appeals that is known as Court of Appeal. In NSW there are some specialist
segments known as Criminal Court of Appeal. Thus, this Court of Appeal also hears questions
which is based on legal laws from NSW Local and District Courts.
Federal Courts- I came to know that this court only hears matters associated with
criminal but which are created by federal legislation and that legislation is applies on all the
states and territories.
High Court- This tribunal is considered as most highest in all over in Australia because
if any cases or an appeal which goes in High Court will see as question mark on law only and
special permission is requisite for that.
CONCLUSION
From the above report, it has been summarized that number of courts are available in
Australian judiciary system which deals in various cases by following their norms, provisions,
rules and regulations. In fact, some are follow proper procedure while conducting legal
proceedings in order to resolve the issues in proper manner by satisfying both the clients which
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are engaged in problems. Basically, each and every court are following few policy, rules or any
regulations in order to minimize the probabilities of wrongful judgement. Hence, it has been
understood that various issues are raised in several courts for managing major criminal issues.
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REFERENCES
Books and Journals
Liberman, J., 2013. Plainly constitutional: the upholding of plain tobacco packaging by the High
Court of Australia. American Journal of Law & Medicine, 39(2-3), pp.361-381.
Sweeney, J. and Payne, J., 2012. Drug use monitoring in Australia: 2009-10 report on drug use
among police detainees. Canberra (AUST): Australian Institute of Criminology.
Tran, H.S and et. Al., 2014. First report of Phoma glomerata associated with the ascochyta blight
complex on field pea (Pisum sativum) in Australia. Plant Disease, 98(3), pp.427-427.
Homan, S., 2013. From Coombs to Crean: popular music and cultural policy in
Australia. International journal of cultural policy, 19(3), pp.382-398.
Aryamanesh, N and et. Al., 2011. First report of Bituminaria Witches'-broom in Australia caused
by a 16SrII phytoplasma. Plant Disease, 95(2), pp.226-226.
Caruso, D. and Cross, T., 2012. The case in Australia for further reform to the cross-examination
and court management of child witnesses. The International Journal of Evidence &
Proof, 16(4), pp.364-397.
Chesterman, J., 2013. The future of adult guardianship in federal Australia. Australian Social
Work, 66(1), pp.26-38.
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