How do they know they've got their man? Lateral Thinking Acting on an anonymous phone call, the police raid a house to arrest a suspected murderer. They don't know what he looks like but they know his name is John and that he is inside the house. The police bust in on a carpenter, a truck driver, a mechanic and a fireman all playing poker. Without hesitation or communication of any kind, they immediately arrest one of them. How do they know they've got their man? Who is it?

Solution The fireman is the only man in the room. The rest of the poker players are women.

Federal and State Courts in Australia THE COURTS Federal and State Courts in Australia

The Federal Judicature The Constitution: ‘The Judicature’ provides for the judicial branch of the Commonwealth. It establishes the High Court of Australia and empowers the Commonwealth Parliament to create other federal courts and to vest federal judicial power in State and Territory courts. Chapter III of the Constitution (sections 71–80), called ‘The Judicature’, provides for the judicial branch of the Commonwealth. It establishes the High Court of Australia and empowers the Commonwealth Parliament to create other federal courts and to vest federal judicial power in State and Territory courts. ‘Federal judicial power’ is the power to decide a dispute of the kind set out in sections 75 and 76 of the Constitution. There are four principal federal courts: the High Court the Federal Court of Australia the Family Court of Australia, and the Federal Magistrates Court of Australia. Federal judges and magistrates are appointed by the government of the day The independence of the courts, and their separation from the legislative and executive arms of government, is regarded as of great importance in Australia and it is taken for granted that judges, in interpreting and applying the law, act independently of the Government.

There are four main federal courts: The High Court Commonwealth Courts There are four main federal courts: The High Court The Federal Court of Australia The Family Court of Australia, and The Federal Magistrates Court of Australia

The High Court of Australia The High Court of Australia is: the final court of appeal in Australia has a Chief Justice and six other judges decide disputes about the meaning of the Constitution The HC deals with matters: Regarding the interpretation of State criminal laws arising under any treaty in which the Commonwealth of Australia, or a person suing or being sued on behalf of the Commonwealth of Australia, is a party between States, or between residents of different States, or between a State and a resident of another State The High Court of Australia The High Court of Australia is the final court of appeal in Australia. The Court has a Chief Justice and six other judges. One of the High Court’s principal functions is to decide disputes about the meaning of the Constitution. For example, if the validity of an Act passed by the Commonwealth Parliament is challenged, the High Court is responsible for ultimately determining whether the Act is within the legislative powers of the Commonwealth. The High Court is also the final court of appeal within Australia in all other types of cases, including those dealing with purely State matters such as the interpretation of State criminal laws. The Australian Constitution vests two types of jurisdiction in the High Court: original and appellate. Original jurisdiction is conferred by section 75 of the Constitution in respect of the following matters: matters arising under any treaty matters affecting consuls or other representatives of other countries matters in which the Commonwealth of Australia, or a person suing or being sued on behalf of the Commonwealth of Australia, is a party matters between States, or between residents of different States, or between a State and a resident of another State, and matters in which a writ of mandamus or prohibition – or an injunction is sought against an officer of the Commonwealth, including a judge. Under section 76 of the Constitution, the Parliament may also make laws conferring original jurisdiction in other matters, including matters arising under the Constitution and matters arising under laws made by the Parliament. The High Court is also the Court of Disputed Returns in relation to disputes about the validity of federal elections. Section 73 of the Constitution confers appellate jurisdiction on the High Court to hear appeals from decisions of: the High Court in its original jurisdiction Federal courts other courts exercising federal jurisdiction, and State Supreme Courts. In considering whether to grant an application for leave to appeal from a judgment, the High Court may have regard to any matters that it considers relevant, but it is required to have regard to whether the application before it: involves a question of law that is of public importance, or upon which there are differences of opinion within, or among, different courts, or should be considered by the High Court in the interests of the administration of justice.

The Federal Court of Australia The Federal Court of Australia sits in each State. The Court deals with matters arising under Commonwealth laws including: bankruptcy, corporations, industrial relations, taxation and trade practices laws. The Federal Court of Australia hears appeals from the decisions of single judges of the Court and decisions of the Federal Magistrates Court. It also hears appeals from some decisions of State Supreme Courts. The Federal Court of Australia The Federal Court of Australia came into existence on 1 February 1977. It sits in each State. The Court has such original jurisdiction as is invested in it by laws made by the Commonwealth Parliament including, for example, in relation to matters arising under Commonwealth laws, including bankruptcy, corporations, industrial relations, taxation and trade practices laws. The Federal Court of Australia hears appeals from the decisions of single judges of the Court and decisions (except family law decisions) of the Federal Magistrates Court. It also hears appeals from some decisions of State Supreme Courts.

property of a marriage or defacto relationship, Family Court The Family Court of Western Australia is chaired by judges and magistrates. The court is vested with State and Federal jurisdiction in matters of family law and deals with: divorce, property of a marriage or defacto relationship, parenting orders and other matters relating to children, maintenance and adoptions. The Family Court of Western Australia is chaired by judges and magistrates. The court is vested with State and Federal jurisdiction in matters of family law and deals with divorce, property of a marriage or defacto relationship, parenting orders and other matters relating to children, maintenance and adoptions.

The Federal Magistrates Court The Federal Magistrates Court was established to deal with less complex disputes under Commonwealth laws. Its jurisdiction includes: family law and child support, administrative law, bankruptcy law, discrimination, workplace relations and consumer protection law. It shares its jurisdiction with the Family Court of Australia and the Federal Court of Australia. The Federal Magistrates Court was established to deal with less complex disputes under Commonwealth laws. Its jurisdiction includes family law and child support, administrative law, bankruptcy law, discrimination, workplace relations and consumer protection law. It shares its jurisdiction with the Family Court of Australia and the Federal Court of Australia.

Supreme Courts of the State State intermediate courts State Courts Supreme Courts of the State State intermediate courts State courts of summary jurisdiction Juries are not used in courts of summary jurisdiction Most criminal matters, whether arising under Commonwealth, State or Territory law, are dealt with by State courts. The Supreme Courts of the States are the highest State courts and deal with the most important civil litigation and the most serious criminal cases. They also hear appeals from decisions made by the lower State courts or single Judges of the Supreme Court. State intermediate courts decide the great majority of serious criminal offences where a jury is required to decide the facts of a case. They also deal with civil litigation up to certain monetary limits. State courts of summary jurisdiction deal with most of the ordinary (summary) offences, such as traffic infringements and minor assaults. These courts also deal with civil litigation for debt recovery, smaller claims by one citizen against another or against companies, and some minor claims under federal laws. Magistrates in these courts also conduct committal proceedings in respect of the more serious offences to determine whether there is a prima facie case to be determined by a Judge and jury, either in an intermediate court or a Supreme Court. Juries are not used in courts of summary jurisdiction.

State Courts: western Australia Most criminal matters, whether arising under Commonwealth, State or Territory law, are dealt with by State courts. The Supreme Courts of the States are the highest State courts and deal with the most important civil litigation and the most serious criminal cases. They also hear appeals from decisions made by the lower State courts or single Judges of the Supreme Court. State intermediate courts decide the great majority of serious criminal offences where a jury is required to decide the facts of a case. They also deal with civil litigation up to certain monetary limits. State courts of summary jurisdiction deal with most of the ordinary (summary) offences, such as traffic infringements and minor assaults. These courts also deal with civil litigation for debt recovery, smaller claims by one citizen against another or against companies, and some minor claims under federal laws. Magistrates in these courts also conduct committal proceedings in respect of the more serious offences to determine whether there is a prima facie case to be determined by a Judge and jury, either in an intermediate court or a Supreme Court. Juries are not used in courts of summary jurisdiction.

The Supreme Court is divided into two divisions: The Supreme Court is the State's highest court, with responsibility for both criminal and civil matters. It is also the main appeal court of the state. The Supreme Court is divided into two divisions: The General Division deals with: serious criminal charges, such as murder, armed robbery and serious breaches of Commonwealth drug enforcement laws. Civil cases involving amounts more than $750,000 Probate (disputes over wills) The Court of Appeal hears appeals from single judge decisions of the Supreme Court and from lower courts. To go above the Supreme Court, for a higher appeal, a case must go to the High Court of Australia, which is the ultimate Australian court from which there is no further appeal. The Supreme Court is the State's highest court, with responsibility for both criminal and civil matters. It is also the main appeal court of the state. The Supreme Court is divided into two divisions - the General Division and the Court of Appeal. The General Division deals with serious criminal charges, such as murder, armed robbery and serious breaches of Commonwealth drug enforcement laws. Generally, it hears civil cases where the amount involved in the dispute is more than $750,000. The General Division also deals with probate (including disputes over wills) The Court of Appeal hears appeals from single judge decisions of the Supreme Court and from lower courts and various tribunals. To go above the Supreme Court, ie for a higher appeal, a case must go to the High Court of Australia, which is the ultimate Australian court from which there is no further appeal.

The District Court deals with: The District Court is the intermediate court in WA chaired by a District Court judge. The District Court deals with: serious criminal offences (serious assaults, breaking and entering, stealing) max penalty is 20 years' imprisonment jury of 12 community members civil law matters involving claims up to $750,000 unlimited jurisdiction in claims for damages for personal injuries exclusive jurisdiction in claims for damages for injury sustained in a motor vehicle accident Appeals from the Magistrates Court are heard by the District Court. District Court is the intermediate court in Western Australia, chaired by a District Court judge. The District Court deals with serious criminal offences for which the maximum penalty is 20 years' imprisonment (for instance, serious assaults, breaking and entering, stealing and receiving). A jury of 12 community members decide whether a person accused of a criminal offence is guilty or not guilty. An accused person may choose to have a trial by judge alone, and not by a jury. In civil law, the court deals with matters generally involving claims up to $750,000. It has unlimited jurisdiction in claims for damages for personal injuries and it has exclusive jurisdiction in regard to claims for damages for injury sustained in motor vehicle accidents. Appeals from the Magistrates Court and some tribunals are heard by the District Court. Appeals from the District Court are heard by the Court of Appeal.

The Magistrates Court deals with: civil and criminal matters adults, aged 18 or over, required to appear in court criminal offences known as 'simple offences’ serious criminal offences, known as 'indictable offences’ However the most serious offences must be sent on to be heard in the District or Supreme Courts civil matters involving claims up to $75,000 minor cases, the jurisdictional limit is $10,000 consumer/trader claims of $75,000 or less, minor case consumer/trader claims of $10,000 or less Magistrates Court amalgamated the former Court of Petty Sessions, Local Court and Small Claims Tribunal into a single court dealing with civil and criminal matters. The Magistrates Court of Western Australia deals with adults, aged 18 or over, required to appear in court after being charged with a criminal offence. Some criminal offences are known as 'simple offences' and will be dealt with in the Magistrates Court. More serious criminal offences, known as 'indictable offences', commence in the Magistrates Court. While some of these offences (known as 'either way' offences) may be dealt with in the Magistrates Court, the most serious offences must be sent on to be heard in the District or Supreme Courts. The Magistrates Court deals with civil matters involving claims up to $75,000. For minor cases, the jurisdictional limit of the Magistrates Court is $10,000. The Magistrates Court also deals with consumer/trader claims of $75,000 or less, and minor case consumer/trader claims of $10,000 or less.

Children's Court The Children's Court of Western Australia deals with offences alleged to have been committed by young people aged 10 to 17 years. However, children's court cases are also heard in other courthouses throughout the State. The Court also deals with protection and care applications for children under the age of 18 years. Children's Court The Children's Court of Western Australia deals with offences alleged to have been committed by young people aged 10 to 17 years. however, children's court cases are also heard in other courthouses throughout the State. The Court also deals with protection and care applications for children under the age of 18 years.

Federal courts: ? WA State courts: Court hierarchy chart Federal courts: ? WA State courts: