Tag Archives: inferior courts

Jurisdictional and non-jurisdictional error in inferior courts

See Craig v The State of South Australia (1995) 184 CLR 163 esp at 179-180:

[T]he ordinary jurisdiction of a court of law encompasses authority to decide questions of law, as well as questions of fact, involved in matters which it has jurisdiction to determine. The identification of relevant issues, the formulation of relevant questions and the determination of what is and what is not relevant evidence are all routine steps in the discharge of that ordinary jurisdiction. Demonstrable mistake in the identification of such issues or the formulation of such questions will commonly involve error of law which may, if an appeal is available and is pursued, be corrected by an appellate court and, depending on the circumstances, found an order setting aside the order or decision of the inferior court. Such a mistake on the part of an inferior court entrusted with authority to identify, formulate and determine such issues and questions will not, however, ordinarily constitute jurisdictional error. Similarly, a failure by an inferior court to take into account some matter which it was, as a matter of law, required to take into account in determining a question within jurisdiction or reliance by such a court upon some irrelevant matter upon which it was, as a matter of law, not entitled to rely in determining such a question will not ordinarily involve jurisdictional error.

See also discussion in SZVDC v Minister for Immigration and Border Protection [2018] FCAFC 16 in the context of applications under s 39B of the Judiciary Act in relation to a Federal Circuit Court judge’s refusal to extend time under s 477 of the Migration Act.