Examining the Structure, Purpose, and Challenges of Australian Courts

This essay provides a comprehensive analysis of the Australian judiciary, focusing on the purpose and function of the court system. It begins with a historical overview, tracing the development of the courts from the establishment of the Swan River Settlement in 1829. The essay outlines the hierarchy of courts, including the Supreme Court, High Court, and Federal Courts, and explains their respective jurisdictions. It highlights the role of the judiciary in administering justice, resolving legal disputes, and ensuring the rule of law. The essay also discusses the challenges faced by the Australian court system, such as issues related to jurisdiction, interpretation of laws, and the need for speedy delivery of justice. The judiciary's role in selecting judges and its independence from political intervention are also emphasized. References to the Australian Constitution and relevant legal acts are included, providing a detailed understanding of the judiciary's structure and operation. This essay aims to provide a thorough understanding of the Australian judiciary system and its importance in maintaining justice within the country.

Running head- THE JUDICIARY (COURTS)
The Judiciary (Courts)
Name of the Student
Name of the University
Author Note

1The Judiciary (Courts)
The Judiciary System of Australia involves a variety of judicial forces whose purpose
is to provide justice based on their prudence. The courts consist of a variety of judges of the
different levels of courts, namely the State and the Federal Courts, that are present in the
territory of Australia (Akpet 2014). The Supreme Court is stated as the court with the highest
authority, followed by the High Court and other apex courts as per the order of the courts.
The High Court of Australia sits at the apex of Australia as serves as an appellate court in
both the cases related to the federal as well as the state. The primary aim of this essay is to
analyze the main purpose of the judicial arm of the Australian criminal justice system.
Further, for a better understanding of the purpose, a historical overview is provided along
with the challenges that these court systems face.
With the declaration of the “Swan River Settlement” in June 1829 and the proposal of
Captain James Stirling as Lieutenant Governor of the colony, the underpinning of the
Australian court system that was formulated. Through the first months of the gathering,
Stirling was the sole authority on legal issues and civil rights (LegalVision 2020). At the
expiration of 1829, the appointment of magistracy, containing integrities of the peace, was
the urgent need of the hour due to the growing issues of the theft, robbery, and other kinds of
crimes in the country. These impartialities supervised over both divisions of the court that
dealt with the petty issues or the minor offenses and the other court terms as the Courts of
Quarter sessions that dealt with the serious offenses and crimes. “The Court of Quarter
Sessions” and “Civil Court” were merged in the year 1861 to formulate the Supreme Court.
In the year 1886, the supreme court had the power to deal with both the criminal as well as
civil appeals. In the year 1893, a court was established known as the court of Appeals
originated from the court for the summary jurisdictions that were presided over a justice of
the Supreme court. In the year 1911, the court of Appeal constituted. As the population rises,
there was an increase in the crime rate of the country, and to regulate it, there was a need for

2The Judiciary (Courts)
a more modified structure that would be able to specify the crimes and quickly give the
judgment. So to maintain that the district court was established in the year 1970. In the year
1976, marital grounds and the adoption jurisdiction were relocated to the freshly formed
family courts in the parts of Australia. In 2005, “the Court of Appeal” was recognized as a
“Division of the Supreme Court.” The Supreme Court precinct has a vital part in the history
of Australia. One of the first courts in the state-run was constructed at this position in 1836—
the law court - together to the current Supreme Court.
The primary purpose of the division of the judiciary is to administer and resolve the
cases relating to the breach of law or any kind of legislation. In a situation where there is
misconduct by any person due to the breach of the law and the regulation as per laid down by
the constitutions, justice is delivered through the courts (Aat.gov.au 2020). Judgments are
given based on the facts and circumstances of the cases upon the evidence that showcases the
causation of the crime. Justice is delivered through this arm of the judiciary. This portion of
the Judicial Justice system is very significant as the justice delivered to any person is
delivered through these courts. All individuals possessing the point of ‘Judge’ or ‘Justice’ are
affiliates of the bench. They are the people who are also qualified as lawyers and help the
ordinary people of the society in order to achieve the justice that is their right.
In Australia, associates of the judiciary are selected and not merely employed. In
additional countries, the judiciary is basically appointed through the procedure of election,
and in other nations, they are based upon the training of qualifying as a judge (State Library
of NSW 2020). The judiciary comprises of the court system itself. Under the Australian
Constitution, courts are sovereign of the additional supports of administration. Hence, judicial
majors can perform devoid of political intervention. The Constitution himself creates only the
High Court of Australia. However, it provides the influence to the parliament to generate
other centralized courts and to delegate the power to the courts at the state levels.

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The hierarchy of the courts in Australia might be explicated in a binary way. The
primary way is by separating them into dual groups: inferior and superior courts, and another
method is by unraveling them into two divisions the two divisions: “The Federal Branch” and
“The State and Territories Branch”. Though the centralized judges and the judges in the
situations and terrains are detached and self-governing of one additional, the High Court is
considered as the uppermost court in Australia. It has the authority to decide all the matters
according to the Constitution. Nevertheless, it also contracts with gears connecting universal
law and all levels of appeals starting from the lower courts (Hunter 2016). Appeals generally
arise where These appeals occur in a situation where the parties are not satisfied with the
judgment of the court, and they need the advice of the higher courts to decide their cases and
attain justice. When the or where the law has been interpreted differently. The High Court
consist of a chief justice and other six justices. It heads in the Canberra, with steady sessions
in various additional states of Australia. Beforehand the year 1986, Australians could get plea
outside the High Court to the Privy Council of the United Kingdom. This was due to
Australia’s legal system was not considered as a more robust structure, and due to that, the
Appeal to a British Court that finished with the enactment of the Australia Acts, 1986.
The Superior courts own unrestricted dominion and are classifies as the uppermost
courts in the order of benches in Australia. They conduct the trial for all types of cases, but
the boundary is only for the administrative structure of the legislature. “They contain the
Supreme Court of the specific Countries and the Territories that was recognized by the
constitution of the discrete territory or the autonomy act for the Australian Capital Territory,
and the High Court of the “Commonwealth of Australia” which was recognized by the
“Constitution of Australia”.” These benches, are the direct reverse of the higher courts. They
retain incomplete influences, as the powers can only be controlled upon the jurisdiction.
Their supremacies are constrained to that parliament awards them. Choices in the inferior

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court stated as the lower courts. The Federal Courts retain the authority to analyze the
Constitution. These courts are considered as the higher court, even the possession of limited
jurisdiction. Cases relating to the bankruptcy, establishments of the business, industrial
relations, business practices, and various other aspects of the federal legislation. It also has
the authority to listen to the appeals from diverse figures and also trials. This court was
recognized by the “Federal Courts Act 1976”. The level for the Appeal that is followed in
every area consists of three to five judges upon which the judgment given by the high courts
and the federal courts are considered as binding upon the citizens.
The Family courts have the jurisdiction to hear the cases relating to the family matters
that consist of divorce, marriage, separation, and other issues following the consequence of
the divorce. Even the family courts are also considered as the superior courts limited by the
jurisdiction. These courts are specialized courts in dealing with the issues relating to the
custody of a child or any kind of partition relating to the property rights of the person (Smyth,
Chisholm, Rodgers and Son 2014). The pleas from the Federal Magistrates Court can be
perceived by a single justice of the family court if the circumstance had to do with household
troubles. If not, it is judged by the centralized court of law. The choice is obligatory upon the
Federal magistrates. This court of the federal magistrate was accepted under the “Federal
Magistrates’ Service Act of 1999.” The primary reason for the establishment of such courts
was to reduce the pressure of the federal and the family courts (Cunneen 2018). In a situation
where there was an issue regarding the jurisdiction of the family and the federal courts. The
appeals from these courts either go to the family or the family courts, depending upon the
jurisdiction. The level of the courts in each terrain differs, but all have a usually alike
construction. Apart from all these, all the courts have equal importance as it is required to
deliver justice among these divisions that are created for handling the delivery in an easy and
fast way.

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The main issue that arises is the jurisdiction and the difference in the opinion of the
judges. As the interpretation of the judges could be different, so where there is an appeal, the
decisions may vary based upon the prudence of the judge, although the issue relating to the
jurisdiction is the limited powers possessed by the courts that cannot be altered. Apart from
this issue, the issue that is of the most significant concern is the speedy delivery of justice.
Despite this hierarchy and the division, the trail is not speedy, and the delivery of j=ustice is
slow that needs strict implementation.
In conclusion, it is stated that this arm of the justice system is very crucial as it deals
with the delivery of justice and defines the role of the judges in the decision-making process.
Justice is an essential aspect in order to conclude the commission of the crime. So this arm
actively looks after the law and justice of the society.

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Reference
Aat.gov.au, 2020. The Role Of Courts And Tribunals | Administrative Appeals Tribunal.
[online] Aat.gov.au. Available at:
<https://www.aat.gov.au/about-the-aat/engagement/speeches-and-papers/the-honourable-
justice-garry-downes-am-former-pre/the-role-of-courts-and-tribunals> [Accessed 26 March
2020].
Akpet, K.O., 2014. The Australian Legal System: The Legal Profession and the
Judiciary. Ankara Bar Review, 4(1), pp.71-94.
Cunneen, C., 2018. Sentencing, punishment and Indigenous people in Australia. Cunneen, C.
(2018)‘Sentencing, Punishment in Australia’Journal of Global Indigeneity, 3(1).
Hunter, Rosemary, Sharyn Roach Anleu, and Kathy Mack 2016:. "Judging in lower courts:
Conventional, procedural, therapeutic and feminist approaches." International journal of law
in context 12.3 337-360.
LegalVision, 2020. How Does The Court System Work In Australia? | Legalvision. [online]
LegalVision. Available at: <https://legalvision.com.au/an-introduction-to-australian-court-
hierarchy/> [Accessed 26 March 2020].
Smyth, B., Chisholm, R., Rodgers, B. and Son, V., 2014. Legislating for shared-time
parenting after parental separation: Insights from Australia. Law & Contemp. Probs., 77,
p.109.
State Library of NSW, 2020. Judiciary. [online] State Library of NSW. Available at:
<https://legalanswers.sl.nsw.gov.au/hot-topics-australian-legal-system/judiciary> [Accessed
26 March 2020].

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