The Law Handbook 2024

22 Section 1: Understanding our laws and courts Federal Circuit and Family Court of Australia The Federal Circuit and Family Court deals with cases under the Family Law Act 1975 (Cth) and the Child Support (Assessment) Act 1989 (Cth). A decision of a single Federal Circuit and Family Court judge can be appealed to the full Federal Circuit and Family Court (i.e. three Family Court judges). A decision by the full Federal Circuit and Family Court can be appealed to the High Court. For the court’s contact details, see ‘Contacts’ at the end of this chapter. Also, visit the Federal Circuit and Family Court’s website at www.fcfcoa.gov.au. Federal Court of Australia Although state Supreme Courts can hear matters involving Commonwealth law (i.e. they have federal jurisdiction), the Federal Court can also hear these cases. In some circumstances, the Federal Court can also hear state matters. The Federal Court’s business includes industrial disputes, actions under the Competition and Consumer Act 2010 (Cth) and bankruptcy matters. The Federal Court also hears appeals of decisions of the Commonwealth Administrative Appeals Tribunal. A decision of a single Federal Court judge can be appealed to the full Federal Court (i.e. three Federal Court judges). A decision by the full Federal Court can be appealed to the High Court. For contact details, see ‘Contacts’ at the end of this chapter. Also, visit the Federal Court’s website at www.fedcourt.gov.au. High Court of Australia The High Court is the highest court in Australia. Appeals may be made to it from state Supreme Courts, although generally the High Court gives leave to appeal only when important points of law need to be decided. Some matters may be heard directly by it (e.g. constitutional matters). The High Court’s decisions are binding on all states, so a decision on a case appealed from a Victorian Supreme Court to the High Court will (usually) result in a decision by the High Court that is binding on all other state courts. For contact details, see ‘Contacts’ at the end of this chapter. Also, visit the High Court’s website at www.hcourt.gov.au. Tribunals Tribunals: Overview Administrative tribunals play a significant role in the resolution of disputes at both the federal and state level in Australia. Tribunals do not have the power to review decisions made by the government or other bodies. The power of a tribunal is limited to reviewing administrative decisions expressly made subject to review by legislation. Most tribunals are established to hear disputes concerning the administrative actions of government, either generally (e.g. the Victorian Civil and Administrative Tribunal ( VCAT )) or in relation to the administration of a particular department or piece of legislation (e.g. the Administrative Appeals Tribunal ( AAT )). Other tribunals have been established to hear disputes between individuals or businesses that have nothing to do with government action. Tribunals are generally established for the resolution of particular types of dispute in relation to which the courts are inappropriate, either because they lack the requisite expertise, are too expensive or slow, or are otherwise inaccessible. NOTE The person hearing cases in a tribunal is called a ‘member’ of the tribunal (i.e. not a magistrate or a judge). Tribunals differ from courts in a number of ways: • Procedures in a tribunal are less formal, the required documentation is simpler, the rules of evidence are applied less rigidly, and the hearings are conducted in a less formal manner. • The member of a tribunal who is hearing a case takes an active role in the proceedings. This differs from traditional magistrates and judges who are bound by the restrictions of the adversary system and act as passive umpires of the issues presented by the opposing parties. • The judging panel in a tribunal may be comprised of members who are legally qualified and members who have specialist expertise in the relevant subject matter. For example, VCAT’s Administrative Division – which hears planning appeals – has members who are town planners. • Some tribunals encourage or require parties to appear in person, without lawyers.