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  1. Authority to decide : the law of jurisdiction in Australia

    Leeming, M. J. (Mark James), 1969-
    Second edition - Alexandria, NSW : The Federation Press, 2020

    The first work dealing comprehensively with jurisdiction in the Australian legal system. - What are the limits of federal jurisdiction? - How is federal jurisdiction conferred and invested on federal and State courts within the Australian legal system? - What is "accrued jurisdiction"? - What is a "matter"? - What is jurisdictional error? - What is a jurisdictional fact? - Why are there no Australian courts of unlimited jurisdiction? - What does it mean to say that a court has jurisdiction to decide its own jurisdiction? - How is a court's jurisdiction invoked? These questions are of vital practical and conceptual importance; the purpose of this work is to answer them, by providing a comprehensive account of the role of jurisdiction in Australia. Although the book extends to all aspects of jurisdiction, it covers the whole of federal jurisdiction, and provides not only an accessible analysis for practitioners and courts, but also a thoughtful and detailed account of the underlying principle and decisions. All classes of federal "matters" are addressed, but with an emphasis on those arising most commonly in practice, as well as the essential statutory provisions by which State and federal jurisdiction is conferred and qualified and excluded. Separate chapters deal with invoking jurisdiction, jurisdictional error, service, and appeals and appellate jurisdiction, in State and federal courtsSince its initial publication in 2012, Authority to Decide has established itself as the pre-eminent resource for Australian practitioners and courts dealing with questions of jurisdiction. It has been cited regularly in judgments of the High Court of Australia, and in dozens of first instance and appellate judgments of other courts. Some of propositions advanced in the first edition have subsequently received judicial support, helping to shape the development of the law.\n\nEach chapter in the second edition has been thoroughly updated to incorporate a wealth of new case law. The coverage of the work has also expanded. Highlights include:\n \n Updated analysis of the investment of jurisdiction by the Commonwealth cross-vesting legislation, including its effect in bankruptcy, the jurisdiction of State and Territory courts in "special federal matters" and a new section on appeals which lie from State and Territory courts to federal courts. \n Extensive analysis of developments in jurisdictional error, including the High Court judgments in Hossain and SZMTA. \n Updated analysis of "accrued jurisdiction" (a term deprecated by the High Court in Rizeq v Western Australia) and the nature of decisions affected by jurisdictional error (including by reference to State of New South Wales v Kable). \n New sections on the jurisdictions of the New South Wales Court of Appeal and Court of Criminal Appeal. \n \nAuthority to Decide enables the reader to gain a deep and nuanced understanding of the complex legal principles governing issues of jurisdiction. It engages with the academic literature, but at its heart it remains a very practical work, offering guidance both to practitioners seeking to invoke the jurisdiction of a court, and to the judges exercising it.

  2. Common law, equity and statute : a complex entangled system

    Leeming, M. J. (Mark James), 1969-
    Sydney : The Federation Press, 2023.

    "This strikingly original book explains how the Australian legal system is structured, and how that structure informs the way novel questions of law are argued and decided. One of this book’s themes is that, in the minority of litigation which involves the determination of a question of law, it often makes sense to regard the legal system as an entangled product of statute and judge-made law, within which common law and equity are separate components. Another is that the actual workings of the legal system are far more complex than appears in most accounts, and within that complexity lies the scope for principled development. A third is that an appreciation of legal history will almost always assist in the resolution of novel questions of law, mostly by lightening the weight of precedent. The book analyses what is meant by the “common law of Australia”, what is the relationship between judge-made law and statutes, and how courts resolve novel questions of law. It explains why some questions are best regarded as aspects of the common law, why others are best regarded as questions of statutory construction, why some are difficult to characterize, and why this matters. It also explains why equity continues to be a distinct component of judge-made law, with a different relationship with statute. And it gives a nuanced account of precedent and the role of authority from different jurisdictions. The ideas in some of the chapters are illustrated by dialogues between a teacher and students, replicating a once common form of legal literature, including St Germain’s Doctor and Student, published half a millennium ago"--

  3. Authority to decide : the law of jurisdiction in Australia

    Leeming, M. J. (Mark James), 1969-
    Annandale, N.S.W. : Federation Press, 2012.

    * Pepper J cited Authority to Decide, twice, in Fullerton Cove Residents Action Group Incorporated v Dart Energy Ltd (No 2) [2013] NSWLEC 38 at [231] and [239] * Authority to Decide was mentioned in Victorian Police Toll Enforcement v Taha [2013] VSCA 37 at [235] The first work dealing comprehensively with jurisdiction in the Australian legal system. What are the limits of federal jurisdiction? How is federal jurisdiction conferred and invested on Federal and State courts within the Australian legal system? What is "accrued jurisdiction"? What is a "matter"? What is jurisdictional error? What is a jurisdictional fact? Why are there no Australian courts of unlimited jurisdiction? What does it mean to say that a court has jurisdiction to decide its own jurisdiction? How is a court's jurisdiction invoked? These questions are of vital practical and conceptual importance; the purpose of this work is to answer them, by providing a comprehensive account of the role of jurisdiction in Australia. Although the book extends to all aspects of jurisdiction, it covers the whole of federal jurisdiction, and provides not only an accessible analysis for practitioners and courts, but also a thoughtful and detailed account of the underlying principle and decisions. All classes of federal "matters" are addressed, but with an emphasis on those arising most commonly in practice, as well as the essential statutory provisions by which State and federal jurisdiction is conferred and qualified and excluded. Separate chapters deal with invoking jurisdiction, jurisdictional error, service, and appeals and appellate jurisdiction, in State and federal courts.

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