What is a court hierarchy?
What is a court hierarchy?
There are a range of courts and tribunals which have different jurisdiction. The Court hierarchy supports the appeal process and the doctrine of precedent. Legislation outlines the jurisdiction for each court or tribunal and whether they hear civil or criminal cases or both.
What does decision restricted mean?
Restricted Decisions Some decisions are either temporarily unavailable due to further proceedings or permanently restricted from publication on NSW Caselaw. These decisions are published with the following restricted content: Medium Neutral Citation with the text “Decision restricted” in place of the case name.
Are court Judgements published?
Supreme Court decisions are published via NSW Caselaw. Decisions are also reproduced on AustLii.
Why is a court hierarchy necessary?
The court hierarchy provides structure and clarity to the administration of justice. Particular levels of courts deal with particular levels of dispute or criminal offence. Court hierarchies also allow for a smooth appeals process, without the need for separate appellate courts for each original court.
What is the purpose of a bail hearing?
What Is The Purpose Of A Bail Hearing? The purpose is for the court to inquire into the likelihood of the defendant reappearing at his or her criminal trial. This hearing also sets the exact amount of the bail which will be required, if granted.
Can a lower court overrule precedent from a higher court?
The summary reversal fits a familiar picture of vertical “stare decisis,” in which the court issues formal precedents that lower courts are absolutely obliged to follow – and absolutely may not overrule. After all, lower courts don’t often declare that they’ve simply rejected or overruled the Supreme Court’s decisions.
Who determines the outcome of a criminal appeal case?
Appeals are generally heard by three judges, although five judges may sit when significant legal issues need to be considered. If the judges do not agree, the majority view prevails.
What is hearing Kassam Henry V Hazzard?
As his Honour explained, Kassam consisted of two proceedings brought against NSW health minister Brad Hazzard, around restrictions upon “authorised workers” to leave “areas of concern” and the prevention of some from continuing to work in the construction, aged care and education industries.
Why are court decisions made public?
Public access to records and proceedings holds the courts accountable by ensuring any errors, oversights, and injustices are perfectly transparent. Ultimately, this freedom helps elevate our justice system to the highest standard of accuracy and integrity.
What is a High Court Judgement?
A High Court Judgment, often called an HCJ, is the High Court’s acknowledgment that a debt is legally due. This usually happens for especially large amounts and to allow for more recovery options, such as the use of High Court enforcement agents.
What is a surety in a bail case?
A surety is someone who is often mentioned in a bail undertaking. If the defendant fails to appear, the money or property may be ‘forfeited to the court’. Another condition used when defendants apply for bail, is the naming of a surety. A surety is a person who guarantees that the defendant will attend her or his court hearing.
What happens if I breach my bail conditions?
If you breach your bail (which means if you fail to attend court or disobey your bail conditions) then you may be arrested and brought back to the court.
How does bail work when awaiting a court date?
In order to be released into the community while awaiting your court date, a decision regarding bail will need to be made. Bail is a signed agreement to attend court to answer a charge for one or more offences and can also include a requirement to comply with set conditions.
What are the conditions of bail?
Conditions can include another person, called a surety or acceptable person, agreeing to deposit or forfeit money as a guarantee that you will comply with your bail conditions and attend court. Conditions can also include for you to: not to contact, talk or go near certain people.
