Goddess of Divine Justice:

• She carries the

scales of justice
in one hand
and a
sword in the
other, her eyes
are covered.
 The Judiciary
• The courts are the bodies responsible for
exercising judicial power.
• There are separate (though linked) court
systems in the Commonwealth and New South
Wales.
 Terminology:
• Types of litigation
• Types of issues

• Summary court
• Divided court

• Adversarial
• Inquisitorial

• Jurisdiction (Original and appellate).

• Hierarchy
NSW State hierarchy:
High Court
of Australia
Court of
Appeal

Supreme Court

District Court

Local Court
 Federal hierarchies:

High Court of Australia

Appeals
from
Division 1

Federal Court of Federal Circuit and Family

Australia Court of Australia
Appeals
from
Division 2
 Options in civil matters:
• abandon the claim
• concede and compensate
• self-help
• tribunal
• conciliation/mediation
• arbitration
• litigation
 Tribunals
• less formal than courts and generally not bound by the
rules of evidence. Tribunals also specialise in certain
types of dispute. Examples:
• New South Wales Consumer and Administrative
Tribunal.
• Administrative Appeals Tribunal.
 ADR:
• Definition?
• Negotiation
• Mediation
• Conciliation
• mini-trial/senior executive appraisal
• early neutral evaluation

• Arbitration
 Litigation

• PRE-TRIAL PROCEDURES:
• Pleadings
• TRIAL PROCEDURES:
• Opening address by plaintiff’s counsel
• Evidence for plaintiff
• Evidence for defendant
• Final addresses
• Orders
 More terminology:
• Allowed/reversed

• Dismissed/affirmed