SOURCE 1.

COMMON LAW
Court Hierarchy
Jurisdiction of State
and Federal Courts
Examine the hierarchy
and jurisdiction of state
and federal courts

1. Hierarchy

SOURCE 1.
COMMON LAW

At which LEVEL is each court?

Court Hierarchy

2. Jurisdiction

Jurisdiction of State
and Federal Courts

Which TYPES OF CASES does each court deal with?

THEME: The relationship between different legal institutions and jurisdictions

SOURCE 1.
COMMON LAW
Court Hierarchy
Jurisdiction of State
and Federal Courts

A single court can

hear lots of
different TYPES OF
CASES.
Some courts are
even split into
different divisions,
so that the judges
can specialise in a
certain area.

2. Jurisdiction
Which TYPES OF CASES does each court deal with?

NSW DISTRICT COURT

- Serious criminal cases such as armed robbery, sexual
assault. Basically anything except murder, treason or
piracy.

- Civil cases between $100,000 - $750,000.

NSW LOCAL COURTS

- Minor criminal matters.
- Committal hearings:
When you are charged with any crime, you go
to a local court first to decide if:
a) There is any real evidence or if
your case to continue (Is there a
prima facie case? On the face of it,
just by quickly looking at the facts?)
b) Which court your case should be
held in (District? Supreme?)

- Civil disputes under $100,000

SOURCE 1.
COMMON LAW
Court Hierarchy
Jurisdiction of State
and Federal Courts

Different cases will

start at different
LEVELS, depending
on how serious the
case is.

1. Hierarchy
At which LEVEL is each court?

NSW DISTRICT COURT

- Serious criminal cases such as armed robbery, sexual
assault. Basically anything except murder, treason or
piracy.

- Civil cases between $100,000 - $750,000.

NSW LOCAL COURTS

If you lose your

case, you can
sometimes appeal
(take your case to a
higher court)

- Minor criminal matters.

- Committal hearings:
When you are charged with any crime, you go
to a local court first to decide if:
a) There is any real evidence or if
your case to continue (Is there a
prima facie case? On the face of it,
just by quickly looking at the facts?)
b) Which court your case should be
held in (District? Supreme?)

- Civil disputes under $100,000

HIGH COURT (FULL COURT)

- Seven judges
- Final court of appeal

HIGH COURT (PARTIAL)

- 1-3 judges
- Appeals from NSW Courts of Appeal on criminal and civil matters.

NSW SUPREME COURT

NSW COURT OF CRIMINAL APPEAL

NSW COURT OF APPEAL

- Deals with appeals from criminal cases (again, usually has three judges).
- Often hears stated cases (not going through the WHOLE trial again just going through the
original judges decision and deciding if there was a mistake of law

This is part of the Supreme Court, but it usually has three judges.

NSW SUPREME COURT (SINGLE JUDGE)

- Very serious criminal cases, such as murder.

DRUG COURT
Deals with offenders who are
dependent on drugs.

- Civil cases involving over $750,000.

- Civil matters such as wills, injunctions

TRIBUNALS

NSW DISTRICT COURT

- Serious criminal cases such as armed robbery, sexual
assault. Basically anything except murder, treason or
piracy.

e.g.
Administrative Decisions
Tribunal (ADT)

- Civil cases between $100,000 - $750,000.

Consumer, Trader and

Tenancy Tribunal (CTTT)

CORONERS COURT
- Holds inquests
(investigations into
unexplained deaths and
fires)
- Can make
recommendations about
changes that should be
made to stop future deaths

CHILDRENS
COURT
- Criminal cases
dealing with children
and young people.
- Cases about the
care and protection
of children.

WILL BECOME ONE BIG

TRIBUNAL IN 2014 The

NSW LOCAL COURTS

- Minor criminal matters.
- Committal hearings:
When you are charged with any crime, you go
to a local court first to decide if:
a) There is any real evidence or if
your case to continue (Is there a
prima facie case? On the face of it,
just by quickly looking at the facts?)
b) Which court your case should be
held in (District? Supreme?)

NSW Civil and

Administrative
Tribunal (NCAT)

- Civil disputes under $100,000

STATE court hierarchy

JURISDICTION key
Deals with civil cases

Deals with criminal cases

Both (incl. appeals)

HIGH COURT (FULL COURT)

Part of the
FEDERAL
court hierarchy

- Seven judges
- Final court of appeal

HIGH COURT (PARTIAL)

- 1-3 judges
- Appeals from NSW Courts of Appeal on criminal and civil matters.

NSW SUPREME COURT

NSW COURT OF CRIMINAL APPEAL

NSW COURT OF APPEAL

- Deals with appeals from criminal cases (again, usually has three judges).
- Often hears stated cases (not going through the WHOLE trial again just going through the
original judges decision and deciding if there was a mistake of law

This is part of the Supreme Court, but it usually has three judges.

NSW SUPREME COURT (SINGLE JUDGE)

- Very serious criminal cases, such as murder.

DRUG COURT
Deals with offenders who are
dependent on drugs.

- Civil cases involving over $750,000.

- Civil matters such as wills, injunctions

TRIBUNALS

NSW DISTRICT COURT

- Serious criminal cases such as armed robbery, sexual
assault. Basically anything except murder, treason or
piracy.

e.g.
Administrative Decisions
Tribunal (ADT)

- Civil cases between $100,000 - $750,000.

Consumer, Trader and

Tenancy Tribunal (CTTT)

CORONERS COURT
- Holds inquests
(investigations into
unexplained deaths and
fires)
- Can make
recommendations about
changes that should be
made to stop future deaths

CHILDRENS
COURT
- Criminal cases
dealing with children
and young people.
- Cases about the
care and protection
of children.

WILL BECOME ONE BIG

TRIBUNAL IN 2014 The

NSW LOCAL COURTS

- Minor criminal matters.
- Committal hearings:
When you are charged with any crime, you go
to a local court first to decide if:
a) There is any real evidence or if
your case to continue (Is there a
prima facie case? On the face of it,
just by quickly looking at the facts?)
b) Which court your case should be
held in (District? Supreme?)

NSW Civil and

Administrative
Tribunal (NCAT)

- Civil disputes under $100,000

STATE court hierarchy

JURISDICTION key
Deals with civil cases

Deals with criminal cases

Both (incl. appeals)

HIGH COURT (FULL COURT)

- Seven judges
- Constitutional matters

HIGH COURT (PARTIAL)

- Single or three judges.
- Cases brought by, or against, the federal government.
- Cases between states or residents of different states.

FEDERAL COURT (FULL)

FAMILY COURT (FULL)

Appeals from single judge.

Appeals from single judge.

FEDERAL COURT (SINGLE)

FAMILY COURT (SINGLE)

- Cases under COMMONWEALTH LAWS

e.g. taxation, corporations, bankruptcy, trade
practices, Native Title, etc

Cases regarding marriage and divorce.

FEDERAL CIRCUIT COURT

- Shorter and simpler cases that
could have gone to the Federal
Court (e.g. 95% of bankruptcy
applications)

NATIVE TITLE
TRIBUNAL
- Native Title cases

- Shorter and simpler cases that could

have gone to the Family Court (80% of
family court applications, e.g. divorce
with no children)

ADMINISTRATIVE APPEALS
TRIBUNAL
- Appeals from Federal tribunals

FEDERAL court
hierarchy
FEDERAL
court hierarchy
Deals with federal law cases

MIGRATION
REVIEW
TRIBUNAL

SOCIAL
SECURITY
APPEALS
TRIBUNAL

REFUGEE
REVIEW
TRIBUNAL

Deals with family law cases

Both federal law AND family law cases, incl. appeals

HIGH COURT (FULL COURT)

- Seven judges
- Constitutional matters

HIGH COURT (PARTIAL)

- Single or three judges.
- Cases brought by, or against, the federal government.
- Cases between states or residents of different states.

FEDERAL COURT (FULL)

FAMILY COURT (FULL)

Appeals from single judge.

Appeals from single judge.

FEDERAL COURT (SINGLE)

FAMILY COURT (SINGLE)

- Cases under COMMONWEALTH LAWS

e.g. taxation, corporations, bankruptcy, trade
practices, Native Title, etc

Cases regarding marriage and divorce.

FEDERAL CIRCUIT COURT

- Shorter and simpler cases that
could have gone to the Federal
Court (e.g. 95% of bankruptcy
applications)

NATIVE TITLE
TRIBUNAL
- Native Title cases

- Shorter and simpler cases that could

have gone to the Family Court (80% of
family court applications, e.g. divorce
with no children)

ADMINISTRATIVE APPEALS
TRIBUNAL

FEDERAL court hierarchy

- Appeals from Federal tribunals

Deals with federal law cases

MIGRATION
REVIEW
TRIBUNAL

SOCIAL
SECURITY
APPEALS
TRIBUNAL

REFUGEE
REVIEW
TRIBUNAL

Deals with family law cases

Both federal law AND family law cases, incl. appeals

When youll need to know these courts

Prelim
Sources of Contemporary Australian law
etc etc etc

HSC
Crime

Prelim
Resolving Disputes

Prelim
Native Title

HSC
Family