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Application of laws of evidence

Application of laws of evidence. Which court? Causes of action arising under Cth laws look at- legislation creating the cause of action eg the Family Law Act ; the Bankruptcy Act ; the Broadcasting Act ;

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Application of laws of evidence

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  1. Application of laws of evidence • Which court? • Causes of action arising under Cth laws look at- • legislation creating the cause of action eg theFamily Law Act; the Bankruptcy Act; theBroadcasting Act; • The Judiciary Act - s.38 (exclusive jurisdiction of the HC); s.39 (Federal jurisdiction of State courts); s.39B (original jurisdiction of Federal Court); Part IX (suits by and against the Cth and the States); Part X (Federal offences); s.78 application of State laws the State courts exercising Federal jurisdiction).

  2. Causes of action under Tas laws • Offences under Tasmanian State law • State summary offences, Justices Act 1959 (Tas), s20; Acts Interpretation Act 1931 (Tas), s38. • State indictable offences, Criminal Code Act 1924 (Tas), s4; Acts Interpretation Act 1931 (Tas), s38; Australian Courts Act 1828. • Civil actions • Magistrates Court (Civil Division), Magistrates Court (Civil Division) Act 1992 (Tas), Part 3 . • Supreme Court, Supreme Court Civil Procedure Act 1932 (Tas), s6 + Australian Courts Act 1828, s.3.

  3. Which Body of Evidence Law? • Evidence Act 1995 (Cth), s.4 (1) • Federal courts • Federal courts defined by CEA Dictionary + Acts Interpretation Act (Cth), s. 17(e) & (a) definition of ‘the Parliament’ and ‘the Commonwealth’ • Act creating the Court shows if created by ‘the Parliament’.

  4. Which Body of Evidence Law? • Evidence Act 2001 (Tas) - State Courts by virtue of non-application of the CEA and Evidence Act 1910 (Tas), s.4 + TEA 2001, s.4 • Provisions listed in s.5 CEA + s.185, 186 & 187 CEA

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