Judicial power is located in courts created under the constitutions of the Commonwealth and the states and the laws made under those constitutions. Its unique and essential function is ‘the quelling of such controversies by ascertainment of the facts, by application of the law and by exercise, where appropriate, of judicial discretion’.[footnote* Fencott v Muller (1983) 152 CLR 570, 608 (Mason, Murphy, Brennan and Deane JJ).]

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