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The Appellate Jurisdiction of the Courts in Australia

2nd edition




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AUD $180.00 gst included

SKU: 9781760024291 Categories: ,

The Appellate Jurisdiction of the Courts in Australia, second edition was cited in Devine Real Estate Concord Pty Ltd v Agha [2023] NSWSC 359

The second edition of this well-received work describes and discusses the principles of law and practice which guide Australian appellate courts at all levels. In addition, it deals with the jurisdiction and powers of appellate courts, and what alternative remedies are available if there is no right of appeal. Appellate courts also have original jurisdiction, and this is likewise considered. Civil appeals and criminal appeals are dealt with separately because, although there are commonalities between them, criminal appeals in particular give rise to different considerations. A chapter is also included on appeals from military tribunals, which have their own peculiarities. A separate chapter is devoted to the new Federal Circuit and Family Court of Australia, and also to the Federal Court. In addition to the state, territory and federal courts at the intermediate level, the High Court is also discussed in a separate chapter.

The work also includes a brief outline of the history of appellate courts.

Although there are chapters designed to assist lawyers and judges who are new to appellate work and who are called upon to argue or to decide an appeal for the first time, the work is principally intended as a useful reference book for all lawyers involved in appellate work.

Foreword: The Hon Michael Grant AO, Chief Justice of the Northern Territory
Table of Cases
Table of Statutes
1. The Right to Appeal
2. Types of Appeal
3. Alternatives to Appeals; Referrals; Case Stated; Declarations; and Judicial Review
4. Common Requirements for Lodging an Appeal
5. Preparing the Written Submissions
6. Responding to an Appeal
7. Applications for Leave to Appeal to Courts except the High Court
8. Appeals against Conviction in Criminal Proceedings
9. Appeals by Crown against Acquittals, Orders and Rulings
10. Sentencing Appeals
11. Appeals in Civil Cases
12. Leave Applications, Appeals and Removal to High Court
13. The Federal Courts other than the High Court
14. Reviews of and Appeals from Military Tribunals
15. Arguing an Appeal

For those with a copy of the first edition of this text, the second edition contains a new Chapter 13 addressing the establishment of the Federal Circuit and Family Court of Australia along with other revisions addressing the creation of a new Court of Appeal in South Australia, a new Local Court in the Northern Territory, and recent High Court decisions expanding on the principles which guide appellate work. Read full review…

J Sargent of Counsel, Queensland Law Reporter – 30 June 2023 – [2023] 25 QLR

The final chapter of seven pages comprises practical lessons on arguing an appeal addressed to “you” with only three citations. The author starts with “your appearance” and “a glass of water will often help” at the oral hearing. His words of wisdom in this chapter could stand alone as a teaching resource in law school courses. Read full review…

Paul Latimer, adjunct professor, Swinburne Law School Law Institute Journal (Vic) June 2023

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