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Judiciary Act 1903

Act of the Parliament of Australia

Field	Value
short_title	Judiciary Act 1903
legislature	Parliament of Australia
image	Coat_of_Arms_of_Australia.svg
long_title	An Act to make provision for the Exercise of the Judicial Power of the Commonwealth
citation	or
territorial_extent	States and territories of Australia
royal_assent	25 August 1903
date_commenced	25 August 1903
status	Current

The Judiciary Act 1903 (Cth) is an Act of the Parliament of Australia that regulates the structure of the Australian judicial system and confers jurisdiction on Australian federal courts. It is one of the oldest pieces of Australian federal legislation and has been amended over 70 times.

Amongst other things, the Act regulates the exercise of the jurisdiction of the High Court of Australia, confers jurisdiction on the Federal Court of Australia, provides for the right of barristers and solicitors to practice in federal courts, and establishes the Australian Government Solicitor.

The Act

Section 78B of the Act requires Australian courts to ensure that the parties have given notice to the attorneys-general of Australia and of each state before proceeding with any case involving a "matter arising under the Constitution." Each of these governments may then intervene in the case under section 78A of the Act.

Section 78 and 79 of the Act govern the application of state law by Australian federal courts. The two sections borrow verbiage from the American Rules of Decision Act.

References

Australian Law Reform Commission. (2001). "The Judicial Power of the Commonwealth: A Review of the Judiciary Act 1903 and Related Legislation".
Australian Law Reform Commission. (2001). "The Judicial Power of the Commonwealth: A Review of the Judiciary Act 1903 and Related Legislation".
{{Cite Legislation AU. Cth. act. ja1903112. Judiciary Act 1903. 30
{{Cite Legislation AU. Cth. act. ja1903112. Judiciary Act 1903. 39B
{{Cite Legislation AU. Cth. act. ja1903112. Judiciary Act 1903. 55J
Priestley, Lancelot J. [https://scholarcommons.sc.edu/cgi/viewcontent.cgi?article=3363&context=sclr "A Federal Common Law in Australia?"] ''South Carolina Law Review'' 46, no. 5 (1995): 17.

Info: Wikipedia Source

This article was imported from Wikipedia and is available under the Creative Commons Attribution-ShareAlike 4.0 License. Content has been adapted to SurfDoc format. Original contributors can be found on the article history page.

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