Procedures on ExcellentWiki - Legal Encyclopedia

Appellate Procedure in Australia

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

The appellate system in Australia provides for the review of decisions of courts and tribunals by higher courts. The system is hierarchical, with three principal tiers: the primary court (at first instance), the intermediate appellate court (the Court of Appeal or Full Court of the relevant superior court), and the High Court of Australia as the final court of appeal. The appellate process is governed by a combination of constitutional provisions, statutes, and court rules, and is central to the development of the common law and the correction of error.

Civil Procedure in Australia

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

Civil procedure in Australia governs the conduct of civil litigation in federal and state courts. Australia operates an adversarial system, in which the parties control the scope and content of the proceedings, and the court acts as an impartial umpire. The procedure is regulated by detailed court rules — the Uniform Civil Procedure Rules (UCPR) — which exist in each jurisdiction, supplemented by practice notes and case management directions. The overarching objective of the rules is the “just, quick and cheap” resolution of the real issues in the proceedings.

Class Actions in Australia

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

Class actions (known in Australia as representative proceedings or group proceedings) enable a representative party to bring proceedings on behalf of a group of persons who have claims arising out of the same, similar, or related circumstances. The federal regime, established by Part IVA of the Federal Court of Australia Act 1976 (Cth) (ss 33A–33ZJ), commenced operation on 4 March 1992 and created an “opt-out” model that has made Australia one of the most active class action jurisdictions in the common law world. Class actions are also available in Victoria (Part 4A of the Supreme Court Act 1986 (Vic)) and New South Wales (Part 10 of the Civil Procedure Act 2005 (NSW)), though the federal regime is the most widely used.

Criminal Procedure in Australia

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

Criminal procedure in Australia governs the process by which the state brings criminal charges against an accused person and determines guilt or innocence. The procedure is divided between summary procedure (for less serious offences, heard in the Magistrates Court) and proceedings on indictment (for serious offences, heard in the District Court or Supreme Court before a judge and jury). Each Australian jurisdiction has its own criminal procedure legislation, though the core principles are broadly uniform across the country.

Evidence in Civil Proceedings (Australia)

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

The law of evidence in Australian civil proceedings governs what material may be admitted as proof of the facts in issue, the manner in which evidence is presented, and the weight it carries. The uniform evidence legislation — the Evidence Act 1995 (Cth), the Evidence Act 1995 (NSW), the Evidence Act 2008 (Vic), the Evidence Act 2001 (Tas), the Evidence Act 2011 (ACT), and the Evidence (National Uniform Legislation) Act 2011 (NT) — provides a comprehensive statutory code. Queensland, South Australia, and Western Australia retain their own evidence legislation or the common law, though the uniform Acts have had a significant persuasive influence.

Sentencing in Australia

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

Sentencing in Australia is the judicial process by which a court determines the appropriate penalty for a convicted offender. Each Australian jurisdiction has its own sentencing legislation (e.g., the Crimes (Sentencing Procedure) Act 1999 (NSW); the Sentencing Act 1991 (Vic); the Penalties and Sentences Act 1992 (Qld)), but the fundamental principles are largely consistent across the country. Sentencing is an exercise of judicial discretion, governed by established legal principles, and subject to appellate review.