Territory Courts and Federal Jurisdiction

(2005) 33 Federal Law Review 57

37 Pages Posted: 29 Mar 2012 Last revised: 21 Dec 2012

See all articles by Stephen McDonald

Stephen McDonald

Hanson Chambers; University of Adelaide - School of Law

Date Written: March 28, 2012

Abstract

This article aims to offer a coherent approach to the application of Ch III of the Commonwealth Constitution to the Australian territories. It advocates, and explores the implications of, an approach which sees territory courts as among the “other courts” which may be vested with federal jurisdiction, contemplated by s 71 of the Constitution. The article considers the Australian judicial system and the importance of the High Court’s role in unifying the Australian States and territories, the appellate jurisdiction of the High Court under s 73 of the Constitution, the extent to which, and basis upon which, the courts of a territory exercise federal jurisdiction, and the consequences for the powers of territory courts and other courts in relation to the territories of an approach which regards all "territory jurisdiction" as "federal jurisdiction".

Keywords: Australian Constitutional Law, territories, federal jurisdiction, appeals, territory courts, Australian Constitution s 122, Ch III

Suggested Citation

McDonald, Stephen, Territory Courts and Federal Jurisdiction (March 28, 2012). (2005) 33 Federal Law Review 57. Available at SSRN: https://ssrn.com/abstract=2030517

Stephen McDonald (Contact Author)

Hanson Chambers ( email )

56 Carrington Street
Adelaide, South Australia 5000
Australia
61 8 8212 6022 (Phone)
61 8 8231 3640 (Fax)

University of Adelaide - School of Law ( email )

Ligertwood Building
Adelaide 5005, South Australia SA 5005
Australia

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