Judiciary Act 1903

SECT 15 – Exercise of jurisdiction
The jurisdiction of the High Court may, subject to the provisions of this Act, be exercised by any one or more Justices sitting in open Court.

SECT 39B – Original jurisdiction of Federal Court of Australia

SECT 80 – Common law to govern
So far as the laws of the Commonwealth are not applicable or so far as their provisions are insufficient to carry them into effect, or to provide adequate remedies or punishment, the common law in Australia as modified by the Constitution and by the statute law in force in the State or Territory in which the Court in which the jurisdiction is exercised is held shall, so far as it is applicable and not inconsistent with the Constitution and the laws of the Commonwealth, govern all Courts exercising federal jurisdiction in the exercise of their jurisdiction in civil and criminal matters.

Legislation Link to Judiciary Act 1903

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Imperial Acts Application Act 1980 (Vic)

IMPERIAL ACTS APPLICATION ACT 1980 (VIC)

PART II-TRANSCRIBED ENACTMENTS

8.      Transcribed enactments
Division 1-Elections
Elections [1275] 3 Edward I (State of Westminster the First) C.V.
And because elections ought to be free, the King commandeth upon great forfeiture, that no man by force of arms, nor by malice, or menacing, shall disturb any to make free election.

Division 2-Habeas corpus
Habeas corpus [1640] 16 Charles I c. X
An Act for the regulating of the privy council, and for taking away the court commonly called the star-chamber.

Division 3-Justice and liberty
[1297] 25 Edward I (Magna Carta) c. XXIX
No freeman shall be taken or imprisoned, or be disseised of his freehold, or iberties or free customs, or be outlawed or exiled, or any other wise destroyed; nor will we pass upon him, nor condemn him, but by lawful judgement of his peers, or by the law of the land. We will sell to no man, we will not deny or defer to any man either justice or right.

[1354] 28 Edward III c. III
Item, that no man of what estate or condition that he be, shall be put out of land or tenement, nor taken, nor imprisoned, nor disinherited, nor put to death, without being brought in answer by due process of the law.

[1368] 42 Edward III c. III
. . . It is assented and accorded, for the good governance of the commons, that no man be put to answer without presentment before justices, or matter of record, or by due process and writ original, according to the old law of the land; And it any thing from henceforth be done to the contrary, it shall be void in the law, and holden for error.

[1627] 3 Charles I (Petition of Right) c. I
The petition is exhibited to his Majesty by the lords spiritual and temporal, and commons, in this present parliament assembled, concerning divers rights and liberties of the subjects, with the King’s majesty’s royal answer thereunto in full parliament.

[1688] I William and Mary Sess. II (Bill of Rights) c. II
An act for declaring the rights and liberties of the subject, and settling the succession of the crown.

Division 4-Monopolies
Division 5-Royal marriages

Legislation Link to Imperial Acts Application Act 1980 (Vic)

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Evidence Act 1995 (CTH)

76. Acts of Parliament of the United Kingdom to be judicially noticed

All courts and persons acting judicially within Victoria shall take judicial and official notice of all Acts of Parliament of the United Kingdom of Great Britain and Ireland or of the United Kingdom of Great Britain and Northern Ireland whether passed before or after the commencement of this Act and of the date of the coming into operation of any such Act.

78. Public seals of States

All courts and persons acting judicially within Victoria shall take judicial and official notice of the impression of the public seal of any Australasian State without evidence of such seal having been impressed or any other evidence relating thereto.

Legislation Link to Evidence Act 1995 (CTH)

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