Duncan James Colquhoun Kerr, SC is a barrister. He is a former justice of the Federal Court of Australia. He also served as President of the Administrative Appeals Tribunal from 2012 to 2017.
The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matters of both federal and State law.
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. Whilst the Supreme Court is the highest New South Wales court in the Australian court hierarchy, an appeal by special leave can be made to the High Court of Australia.
The separation of powers in Australia is the division of the institutions of the Australian government into legislative, executive and judicial branches. This concept is where legislature makes the laws, the executive put the laws into operation, and the judiciary interprets the laws; all independently of each other. The term, and its occurrence in Australia, is due to the text and structure of the Australian Constitution, which derives its influences from democratic concepts embedded in the Westminster system, the doctrine of "responsible government" and the United States version of the separation of powers. However, due to the conventions of the Westminster system, a strict separation of powers is not always evident in the Australian political system, with little separation between the executive and the legislature, with the executive required to be drawn from, and maintain the confidence of, the legislature; a fusion.
The District Court of New South Wales is the intermediate court in the judicial hierarchy of the Australian state of New South Wales. It is a trial court and has an appellate jurisdiction. In addition, the Judges of the Court preside over a range of tribunals. In its criminal jurisdiction, the Court may deal with all serious criminal offences except murder, treason and piracy. The Court's civil jurisdiction is generally limited to claims less than A$1,250,000.
The Local Court of New South Wales is the lowest court in the judicial hierarchy of the Australian state of New South Wales. Formerly known as the Court of Petty Sessions and the Magistrates Court, there are more than 160 branches across New South Wales where the Local Court has jurisdiction to deal with the majority of minor civil and criminal matters.
The Administrative Decisions Tribunal of New South Wales (ADT) was established in 1997 and was replaced in 2014 by the NSW Civil and Administrative Tribunal (NCAT). It did not have general jurisdiction, but had various jurisdictions conferred by particular statutes. It was responsible for reviewing decisions of some New South Wales government departments, for hearing discrimination complaints referred by the President of the New South Wales Anti-Discrimination Board, for hearing complaints about professional misconduct and for hearing disputes over commercial leases.
Australian administrative law defines the extent of the powers and responsibilities held by administrative agencies of Australian governments. It is basically a common law system, with an increasing statutory overlay that has shifted its focus toward codified judicial review and to tribunals with extensive jurisdiction.
The Administrative Appeals Tribunal (AAT) is an Australian tribunal that conducts independent merits review of administrative decisions made under Commonwealth laws of the Australian Government. The AAT review decisions made by Australian Government ministers, departments and agencies, and in limited circumstances, decisions made by state government and non-government bodies. They also review decisions made under Norfolk Island laws. It is not a court and not part of the Australian court hierarchy; however, its decisions are subject to review by the Federal Court of Australia and the Federal Circuit Court of Australia. The AAT was established by the Administrative Appeals Tribunal Act 1975 and started operation in 1976.
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts.
The Federal Circuit Court of Australia, formerly known as the Federal Magistrates Court of Australia or the Federal Magistrates Service, was an Australian court with jurisdiction over matters broadly relating to family law and child support, administrative law, admiralty law, bankruptcy, copyright, human rights, industrial law, migration, privacy and trade practices.
The Victorian Civil and Administrative Tribunal (VCAT) was formed by the Victorian Civil and Administrative Tribunal Act 1998 in the state of Victoria, Australia. As part of the Victorian Justice system the tribunal sits 'below' the Magistrates Court in the court hierarchy. However the tribunal itself is not a court, not possessing any jurisdiction or powers beyond those conferred by statute. VCAT is less formal than a court and helps resolve disputes through mediations, compulsory conferences and formal hearings. The participation of lawyers or other legal representatives is not encouraged in some list areas, substantially reducing the cost of litigation. However some of the list areas will by necessity require parties to have some form of representation.
The Residential Tribunal of New South Wales was a tribunal which had jurisdiction to deal with tenancy disputes in New South Wales. It replaced the Residential Tenancies Tribunal of New South Wales on 1 March 1999.
The Victims Compensation Tribunal of New South Wales is a former tribunal of the Government of New South Wales that was established to determine the amounts that may be awarded to victims of crime for personal injury in New South Wales, a state of Australia. The tribunal had exclusive jurisdiction to determine the amount which the Victims Compensation Fund of New South Wales would pay to a victim of crime. This tribunal was unique in Australia in that it did not notify nominated defendants of tribunal hearings and therefore did not hear evidence that may exist from such persons.
The Guardianship Tribunal of New South Wales, a former specialist disability tribunal of the Government of New South Wales for people with cognitive incapacity, or disability operated between 1989 and 2013. The Tribunal was superseded by the New South Wales Civil and Administrative Tribunal (NCAT) which came into effect from 1 January 2014. Its functions now operate within a divisional context in the NCAT.
The Consumer, Trader and Tenancy Tribunal of New South Wales was a tribunal that specialises in resolving consumer disputes in New South Wales, a state of Australia. The tribunal has concurrent jurisdiction in respect of certain consumer claims with the normal civil courts of New South Wales. In other areas of consumer law, it has exclusive jurisdiction. It was created on 25 February 2002 and ceased to function on 31 December 2013, its function assumed by the New South Wales Civil and Administrative Tribunal (NCAT).
The Marine Appeal Tribunal of New South Wales, is a former tribunal in New South Wales, a state of Australia, which dealt with appeals from decisions of the NSW Minister for Ports under certain decisions under the Marine Safety Act 1998 (NSW). The tribunal is now constituted under the New South Wales Civil and Administrative Tribunal.
The New South Wales Court of Appeal, part of the Supreme Court of New South Wales, is the highest court for civil matters and has appellate jurisdiction in the Australian state of New South Wales.
Administrative Decisions (Judicial Review) Act 1977(Cth) is an Act of the Parliament of Australia, which created the ability to appeal the decision at the Federal Court of Australia for a person or other parties affected by most administrative decisions by an Australian federal department or agency. Review of administrative decisions under the Act is limited to matters of law.
The rules of civil procedure in Australia govern procedure in the various courts and tribunals in Australia. Civil procedure in Australia was historically derived from, and continues to resemble, civil procedure in England and Wales. The rules vary between the different courts and tribunals.
