NSW Australian Law - What Does External Jurisdiction Mean?

Discussion in 'Australian Law Students Forum' started by wongphu, 6 September 2018.

  1. wongphu

    wongphu Member

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    I was unable to find a simple or clear definition of what external jurisdiction exactly means under Australian Law. If jurisdiction means the authority given to a judge to take decisions in matters concerning the law, I figured external jurisdiction is other groups or communities that help convince that particular decision. e.g campaigns and support environmental groups?

    Any help is appreciated.
     
  2. Rob Legat - SBPL

    LawTap Verified Lawyer

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    The context would be helpful, as we could provide an answer that gives you some practical guidance.

    "External jurisdiction" needs a contemplation of what jurisdiction is.

    Jurisdiction is, broadly speaking, the limit or extent to which an authority has control over a particular subject. It could be referred to in varying ways, for example: monetary amount, territory (state/federal), and area of law, are the most common definers of jurisdiction.

    A practical example is that the NSW Local Court has jurisdiction for civil disputes in claims of up to $100,000. Civil claims for more than $100,000 are outside its jurisdiction. But it also only has jurisdiction for matters which arise in or are connected with New South Wales. It couldn't, for example and in simple terms, determine a civil matter of $50,000 if all relevant aspects of the matter happened in another state.

    An 'external jurisdiction' generally means a reference by a court in a particular jurisdiction talking about a matter which sits outside its sphere of influence (i.e. outside its jurisdiction). That's not the way it's commonly expressed in all situations, however. In Australia, a state court could refer to the 'Federal jurisdiction' as such, instead of as an 'external jurisdiction' - which it technically is.

    The phrase 'external jurisdiction' is generally reserved for situations where a range of possible jurisdictions could be referred to without knowing which one in particular. It could be used where a court in this jurisdiction has the power to call on a court in another jurisdiction. An example of this is the Bankruptcy Act which allows the courts to call on the aid of courts in other ('external') jurisdictions for assistance - without knowing precisely which court it needs to call on.
     
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  3. wongphu

    wongphu Member

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    Thank you for the reply much appreciated.

    In context this is the question that made me question "external jurisdiction'
    "Concise information about the facts, ratio, rationale and key environmental law principles used and importance of the case in the broader context of protecting heritage and comparison with one case in an external jurisdiction"
    on the Booth v Bosworth (2001) 114 FCR 39 case.

    Anymore suggestion and tips are appreciated
    thank you
     
  4. Rod

    Rod Well-Known Member

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    Suggest you ask your lecturer. The case you referenced was heard in the Federal Court of Australia using the Environment Protection and Biodiversity Conservation Act 1999 (Cth).

    So external jurisdiction could refer to one of the Australian States using State based conservation law (such as the Mineral Resources (Sustainable Development) Act 1990 (Vic) which was modified last year to ban fracking), or it could mean another country.
     
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