Federal Jurisdiction (LAWS90117)

Graduate courseworkPoints: 12.5Not available in 2024

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Overview

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A fundamental question to be considered in every court proceeding is the character of the jurisdiction being exercised by the court - whether state or federal. Federal jurisdiction is the authority conferred upon Australian courts by the Constitution and laws made under it to adjudicate upon cases within the classes of matter set out in sections 75 and 76 of the Constitution. Whether federal jurisdiction is involved is a threshold question for the parties and for the court in any proceeding.

The subject will consider the origins and concept of federal jurisdiction, its application in the Australian judicial system and the interaction between federal, state and territory laws and the common law in the exercise of federal jurisdiction. There will be discussion of how its conferral on state and territory courts supports implications limiting the imposition or conferral on those courts of functions that are inconsistent with their institutional integrity.

The subject is not without complexity but the central principles are relatively simply explained.

The subject will be delivered by the Hon Robert French AC, former Chief Justice of Australia and before that a Justice of the Federal Court of Australia for 22 years, and Frances Gordon, barrister practising in public law at the Victorian and New South Wales Bars.

Principal topics include:

  • The concept of jurisdiction and the distinction between original and appellate jurisdiction
  • Federal jurisdiction, its origins, the meaning of the term and the relevant constitutional provisions conferring and authorising its conferral and statutory grants conferring federal jurisdiction
  • The United States model
  • The Australian court system in historical and functional perspectives
  • The idea of a 'court' - when is an administrative tribunal also a court for the purposes of federal jurisdiction
  • The content of federal jurisdiction - the concept of the 'matter'
  • The application of state and territory laws and the common law in the exercise of federal jurisdiction
  • Removal and remitter of matters between the High Court and lower courts
  • The Kable case and its sequelae, a consequence of the scheme for the distribution of federal jurisdiction?
  • Can federal jurisdiction be abolished.

Intended learning outcomes

A student who has successfully completed this subject should:

  • Have a sound understanding of the history of federal jurisdiction in Australia
  • Understand the content and sources of federal jurisdiction
  • Be aware of the practical implications of federal jurisdiction and able to assess them
  • Be able to put federal jurisdiction in Australia in comparative perspective
  • Be able to anticipate and accurately identify cases in which federal jurisdiction arises
  • Be aware of the significance of federal jurisdiction for the integrated national judiciary
  • Be able to assess the implications of federal jurisdiction for the design of the functions of statutory courts and tribunals.

Last updated: 8 November 2024

Eligibility and requirements

Prerequisites

None

Corequisites

None

Non-allowed subjects

None

Recommended background knowledge

Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.

Inherent requirements (core participation requirements)

The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.

Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home

Last updated: 8 November 2024

Assessment

DescriptionTimingPercentage

Option 1: Take-home examination

  • 5,000-6,000 words
9 - 12 October100%

Option 2: Research paper on topic to be agreed with subject coordinator

  • 8,000-10,000 words
25 November100%
Hurdle requirement: A minimum of 75% attendanceThroughout the teaching periodN/A

Additional details

Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.

Last updated: 8 November 2024

Quotas apply to this subject

Dates & times

Not available in 2024

What do these dates mean

Visit this webpage to find out about these key dates, including how they impact on:

  • Your tuition fees, academic transcript and statements.
  • And for Commonwealth Supported students, your:
       -  Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
     

    Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.

Additional delivery details

This subject has a quota of 30 students.

Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.

Students should note priority of places in subjects will be given as follows:

  • To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
  • To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.

Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.

Last updated: 8 November 2024

Further information

  • Texts

    Prescribed texts

    Specialist printed materials will be made available free of charge from Melbourne Law School prior to the pre-teaching period.

  • Related Handbook entries

    This subject contributes to the following:

    TypeName
    CourseGraduate Diploma in Laws
    CourseGraduate Diploma in Construction Law
    CourseGraduate Diploma in Government Law
    CourseMaster of Construction Law
    CourseMaster of Public and International Law
  • Links to additional information

    law.unimelb.edu.au

  • Available through the Community Access Program

    About the Community Access Program (CAP)

    This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.

    Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants

    Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.

  • Available to Study Abroad and/or Study Exchange Students

    This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.

Last updated: 8 November 2024