Editing Jurisdiction (section)

=== State and federal jurisdiction ===
This idea of restrictions on jurisdiction is well illustrated by the difference in competence between federal and state courts.

Federal courts are the [[High Court of Australia]], the [[Federal Court of Australia]], the [[Federal Circuit and Family Court of Australia|Family Court of Australia]], and other subsidiaries. Federal courts exercise federal jurisdiction<ref>''Judiciary Act 1903'' (Cth) Pt. IV.</ref> - the judicial powers granted to the federal government by the constitution of Australia.<ref>''Commonwealth of Australia Constitution Act'' (Cth) s 71.</ref> The extent of that jurisdiction is outlined in both the [[Constitution of Australia|Constitution]] and legislation enacted by the federal parliament. For example, section 73(ii) of the Constitution empowers the High Court to hear appeals from the supreme court of any state, and from other courts exercising federal jurisdiction. Likewise, section 39B(1A)(c) of the ''Judiciary Act'' 1903 (Cth) empowers the Federal Court of Australia to hear any matter arising under laws enacted by the federal parliament.

Similarly, the jurisdiction of state courts is created by the states’ constitutions and is further delineated by legislation passed by their respective parliaments. In the ''Constitution of Queensland 2001'' (QLD), it is written at s58(1) that the Supreme Court of the state has all jurisdiction necessary for the administration of justice in [[Queensland]]. That is the extent of its jurisdiction.

In [[New South Wales]], the courts’ jurisdiction is not mentioned in the constitution. Instead, the state’s legislature is empowered to make laws for the peace, welfare, and good governance of New South Wales.<ref>''Constitution Act 1902'' (NSW) s5.</ref> Amongst these laws, it is stated in section 23 of the ''Supreme Court Act 1970'' (NSW) that the Supreme Court shall have all jurisdiction necessary for the administration of justice in NSW.

In [[Victoria (state)|Victoria]], that same power is conferred by section 85(1) of its constitution.<ref>''Constitution Act 1975'' (Vic).</ref>

In summary, the jurisdiction of the courts of each state extends (at a basic level) to matters occurring within their state. Meanwhile, the jurisdiction of the Federal Court of Australia is over matters arising under federal law. The jurisdiction of the High Court is to hear appeals from states’ Supreme Courts, the Federal Court, and over matters prescribed in the Constitution of Australia.<ref>''Commonwealth of Australia Constitution Act'' (Cth) s 75, 76.</ref>