Lateral Thinking

1. Lateral Thinking Acting on an anonymous phone call, the police raid a house to arrest a suspected murderer. They don't know what he looks like but they know his name is John and that he is inside the house. The police bust in on a carpenter, a truck driver, a mechanic and a fireman all playing poker. Without hesitation or communication of any kind, they immediately arrest one of them. How do they know they've got their man? Who is it?

2. Solution The fireman is the only man in the room. The rest of the poker players are women.

3. THE COURTS Federal and State Courts in Australia

4. The Federal Judicature • The Constitution: • ‘The Judicature’ provides for the judicial branch of the Commonwealth. It establishes the High Court of Australia and empowers the Commonwealth Parliament to create other federal courts and to vest federal judicial power in State and Territory courts.

5. Commonwealth Courts There are four main federal courts: The High Court The Federal Court of Australia The Family Court of Australia, and The Federal Magistrates Courtof Australia

7. The High Court of Australia • The High Court of Australia is: • the final court of appealin Australia • has a Chief Justice and six other judges • decide disputes about the meaning of the Constitution • The HC deals with matters: • Regarding the interpretation of State criminal laws • arising under any treaty • in which the Commonwealth of Australia, or a person suing or being sued on behalf of the Commonwealth of Australia, is a party • between States, or between residents of different States, or between a State and a resident of another State

8. The Federal Court of Australia • The Federal Court of Australia sits in each State. • The Court deals with matters arising under Commonwealth laws including: • bankruptcy, • corporations, • industrial relations, • taxation and • trade practices laws. • The Federal Court of Australia hears appeals from the decisions of single judges of the Court and decisions of the Federal Magistrates Court. • It also hears appeals from some decisions of State Supreme Courts.

9. Family Court • The Family Court of Western Australia is chaired by judges and magistrates. • The court is vested with State and Federal jurisdiction in matters of family law and deals with: • divorce, • property of a marriage or defacto relationship, • parenting orders and other matters relating to children, maintenance and adoptions.

10. The Federal Magistrates Court • The Federal Magistrates Court was established to deal with less complex disputes under Commonwealth laws. Its jurisdiction includes: • family law and child support, • administrative law, bankruptcy law, • discrimination, • workplace relations and consumer protection law. • It shares its jurisdiction with the Family Court of Australia and the Federal Court of Australia.

11. State Courts • Supreme Courts of the State • State intermediate courts • State courts of summary jurisdiction • Juries are not used in courts of summary jurisdiction

12. State Courts:western Australia

13. Supreme Court • The Supreme Court is the State's highest court, with responsibility for both criminal and civil matters. It is also the main appeal court of the state. • The Supreme Court is divided into two divisions: • The General Division deals with: • serious criminal charges, such as murder, armed robbery and serious breaches of Commonwealth drug enforcement laws. • Civil cases involving amounts more than $750,000 • Probate (disputes over wills) • The Court of Appeal hears appeals from single judge decisions of the Supreme Court and from lower courts. • To go above the Supreme Court, for a higher appeal, a case must go to the High Court of Australia, which is the ultimate Australian court from which there is no further appeal.

14. District Court • TheDistrict Court is the intermediate court in WA chaired by a District Court judge. • The District Court deals with: • serious criminal offences(serious assaults, breaking and entering, stealing) • max penalty is 20 years' imprisonment • jury of 12 community members • civil law matters involving claims up to $750,000 • unlimited jurisdiction in claims for damages for personal injuries • exclusive jurisdiction in claims for damages for injury sustained in a motor vehicle accident • Appeals from the Magistrates Court are heard by the District Court.

15. Magistrates Court • The Magistrates Court deals with: • civil and criminal matters • adults, aged 18 or over, required to appear in court • criminal offences known as 'simple offences’ • serious criminal offences, known as 'indictable offences’ • However the most serious offences must be sent on to be heard in the District or Supreme Courts • civil matters involving claims up to $75,000 • minor cases, the jurisdictional limit is $10,000 • consumer/trader claims of $75,000 or less, • minor case consumer/trader claims of $10,000 or less

16. Children's Court • The Children's Court of Western Australia deals with offences alleged to have been committed by young people aged 10 to 17 years. • However, children's court cases are also heard in other courthouses throughout the State. • The Court also deals with protection and care applications for children under the age of 18 years.

17. Court hierarchy chart • Federal courts: • ? • ? • ? • WA State courts: • ? • ? • ?