The Appellate Jurisdiction of the Courts in Australia
By: Dean Mildren
About This Book
This work provides a detailed examination of the appellate jurisdiction of the superior Australian courts, including the State and Territory Supreme Courts, Courts of Appeal and Courts of Criminal Appeal, the Federal Court of Australia, the Family Court of Australia and the High Court of Australia. The principles on which they act when deciding appeals both civil and criminal, including sentencing appeals and appeals by the Crown, are also dealt with. There is a separate chapter dealing with the Defence Force Discipline Appeal Tribunal which hears appeals from military tribunals constituted by Defence Force Magistrates or Courts Martial. The principles on which leave to appeal or special leave to appeal may be granted or refused are also covered. Civil and criminal appeals are dealt with separately. There are also chapters which provide practical guidelines on the preparation of the grounds of an appeal or leave application. Best practice in the drafting of outlines of argument, and of appellate advocacy, whether as appellant or respondent, are also discussed. Other topics which are incidental to appeals -- such as bail applications, stay applications, security for costs, costs on appeal in both civil and criminal cases, parties to an appeal, amicus curiae and interveners -- are also examined.
AI Overview
"The Appellate Jurisdiction of the Courts in Australia" by Dean Mildren is a comprehensive legal text that delves into the principles, procedures, and jurisdictions of Australia's appellate courts. Here is a detailed overview of the book:
Key Themes
- Appellate Jurisdiction: The book explores the jurisdiction and powers of appellate courts in Australia, including both civil and criminal appeals.
- Jurisdictional Overview: It provides a broad coverage of the various jurisdictions in Australia, including state, territory, and federal courts, as well as specialized tribunals like the Defence Force Discipline Tribunal.
- History of Appellate Courts: The text includes a brief historical outline of the development of appellate courts in Australia, offering context to the current legal landscape.
- Principles and Procedures: The book identifies and discusses the key principles and procedures governing appellate courts, including the processes for written submissions and the roles of appellants and respondents.
- Specialized Tribunals: A dedicated chapter is included on appeals from military tribunals, highlighting their unique considerations and procedures.
Plot Summary
The book is structured to serve as both a reference guide and a learning resource for lawyers and judges new to appellate work. It covers the following topics:
- Civil and Criminal Appeals: Separate chapters are dedicated to civil and criminal appeals, acknowledging the distinct considerations and procedures involved in each.
- Federal Circuit and Family Court: A specific chapter focuses on the new Federal Circuit and Family Court of Australia, as well as the Federal Court, reflecting the evolving landscape of Australian legal institutions.
- New Lawyers and Judges: The text includes chapters designed to assist new lawyers and judges who are called upon to argue or decide an appeal for the first time, providing practical guidance and insights.
Critical Reception
The book has received positive reviews for its comprehensive and insightful coverage of appellate jurisdiction in Australia. Here are some key points from the critical reception:
- Helpful Insights: The text offers helpful insights for both junior counsel developing an appellate practice and seasoned veterans of the appellate arena, making it a valuable resource for all involved in appellate work.
- Astute Dissection: The author, Dean Mildren, provides an astute dissection of the subject matter, giving credence to his title and making the book a reliable reference.
- Practical Guidance: The book is praised for its practical guidance, particularly in assisting new lawyers and judges navigate the complexities of appellate procedures.
Author Background
Dean Mildren, the author, is a former judge of the Supreme Court of the Northern Territory and the Northern Territory Court of Criminal Appeal. His extensive experience in the legal field, including his time as an Articled Clerk and solicitor, adds depth and authority to the text. Mildren has also been involved in various other legal and academic roles, including part-time lecturing at Charles Darwin University and being a Life Member of the Australian Centre of International Arbitration.
Overall, "The Appellate Jurisdiction of the Courts in Australia" by Dean Mildren is a seminal work that provides a thorough understanding of the principles and practices governing Australia's appellate courts, making it an essential resource for legal professionals and students of law.