Magistrate

A magistrate is a judicial officer with limited authority to administer and enforce the law. A magistrate's court may have jurisdiction in civil or criminal cases, or both.

In Australia

Federal Magistrate

A Federal Magistrate occupies an office created in AD 1999. The Federal Magistrates Court of Australia deals with more minor Commonwealth law matters which had previously been heard by the Federal Court (administrative law, bankruptcy, consumer protection, trade practices, human rights and copyright) or the Family Court (divorce, residence (or custody) and contact (access) of the children of a broken marriage, property division upon divorce and child support).

Related Topics:
Federal Magistrates Court - Commonwealth - Federal Court - Administrative law - Bankruptcy - Consumer protection - Trade practices - Human rights - Copyright - Family Court - Divorce - Residence - Child support

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

The Federal and Family Courts continue, but the Federal Magistrates hear shorter or less complex matters or matters in which the monetary sum in disputes does not exceed given amounts. For instance property divisions where the total assets are AUD $700,000 or less.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

The Federal Magistrates? Court has therefore taken some of the load off the two superior courts.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

State Magistrate

The State Magistrates in Australia derive from the English Magistrates. All Magistrates are salaried officers, and must be legally qualified and experienced to be eligible to be appointed.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

The jurisdiction of the Magistrates varies from State to State. They preside over courts which are, depending on the State, called Magistrates? Courts or Local Courts.

Related Topics:
Jurisdiction - Local Courts

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Magistrates hear bail applications, motor licensing applications, applications for orders restraining a given individual from approaching a specific person (?intervention orders? or ?apprehended violence orders?), summary criminal matters, the least serious indictable criminal matters, and civil matters where the disputed amount does not exceed AUD $40,000 to AUD $100,000 (depending on the State).

Related Topics:
Bail - Summary criminal matters - Indictable criminal matters

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Neither the Magistrate or Counsel are robed, although there are moves afoot in some states to see magistrates wear robes, to assist in recognition of the judiciary. Robing in summary courts is unlikely to extend to the legal profession.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Historically Magistrates in Australia have been referred to as ?Your Worship?. However the practice of referring to members of the magistracy as "Your Honour" is becoming increasingly common. In many states this was to recognise the increasing role magistrates play in the administration of justice.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~