By: Dean Mildren
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.
"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:
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:
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:
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.