Postgraduate coursework

LAWS6887 - The Judicial Power of the Commonwealth

Objectives

As the High Court has continually emphasised, Australian legal practitioners are required to have a proper appreciation of the issues involved in the exercise of the judicial power of the Commonwealth by the federal and state courts in which they practice. Those issues can significantly affect the course and outcome of proceedings. This unit will provide practitioners and those interested in the area with a thorough understanding of the principles involved and the practical issues and difficulties which arise.

Particular topics covered will include the nature of judicial power, the doctrine of separation of powers and associated constitutional implications, the scope of the original jurisdiction of the High Court, the conferral of federal jurisdiction on federal courts, the investment of state courts with federal jurisdiction, particular issues associated with the operation of the Judiciary Act, rights to appeal to the High Court and the exercise by territory courts of federal jurisdiction.

Students will also learn how to identify the appropriate body of procedural and substantive law that is applied in the Federal Court and other courts exercising federal jurisdiction.

Content

The nature of judicial power; the doctrine of separation of powers and associated constitutional implications; the scope of the original jurisdiction of the High Court; the conferral of federal jurisdiction on federal courts; the investment of state courts with federal jurisdiction; particular issues associated with the operation of the Judiciary Act; rights to appeal to the High Court and the exercise by territory courts of federal jurisdiction.

Session

Semester 2 Intensive
13, 14 September & 18, 19 October 2013

The timetable is subject to frequent changes. Please refer to the latest version of the Postgraduate Timetable.

Assessment

1 x 2,000 Word Assignment (20%)
1 x 6,000 Word Take-Home Exam (80%)

Assumed Knowledge

It is assumed that students have a good working knowledge of the Australian judicial system and Australian federal constitutional law. Only students with a law degree from an Australian institution, or who have a law degree from a common law jurisdiction and have studied Australian federal constitutional law will be permitted into the unit.

Textboook

Zines, Cowen and Zines' Federal Jurisdiction in Australia, (3rd ed, Federation Press, 2002)

Please note: This unit of study replaced LAWS6887 Federal Jurisdiction

Legal Professional Development (LPD)

You can credit this unit towards Legal Professional Development (LPD). Units of study that are part of Sydney Law School’s Postgraduate Program meet the necessary Mandatory Continuing Legal Education (MCLE) of the Law Society of New South Wales and the Continuing Professional Development (CPD) requirements of the New South Wales Bar Association. You may complete this unit of study by enrolling on a non-degree basis or on an audit basis only with no assessment via Single Unit Enrolment.