All courts that are not superior courts are subordinate courts. Intermediate courts (such as the New South Wales District Court) are therefore technically lower courts. Magistrates make decisions in the lower courts (local courts and courts of first instance of the State). The hierarchy consists of a variety of courts and tribunals at federal, state and territorial level, with the High Court being the highest court in the Australian judicial system. [6] A single body[7] of Australian customary law is applied in the various Australian courts and finally established by the High Court after the abolition of appeals to the (British) Judicial Committee of the Privy Council. [8] [9] [10] In three external territories (Norfolk Island, Christmas Island and the Cocos Islands (Keeling Islands), there is a Supreme Court and a Magistrates` Court or Court of Petty Sessions. The staff of the Supreme Courts is composed of judges from other courts, usually the Federal Court. Appeals from these courts go to the entire Federal Court. Since these regions have a very small population, the courts meet only occasionally when necessary. The other peripheral territories (including Antarctica) do not have permanent courts. In the event of a case arising in these territories, the courts of the ACT shall have jurisdiction. [Citation needed] Australia has a unique judicial system based on the British Westminster system. However, it has been adapted to better fit the Australian structure of the states and the Commonwealth.
This article provides an overview of the judicial system in Australia and a description of the different levels of courts within the system. In New South Wales, for example, there is the local court, then the district court and the Supreme Court of New South Wales as the superior court. Everyone hears civil and criminal cases. On the other hand, the ACT does not have an intermediate court. Some courts have specialized jurisdiction (e.g., the juvenile court), so they only deal with cases in a narrow area, while other courts have general jurisdiction (such as state supreme courts) to handle a variety of cases. The Supreme Courts of the states and territories are courts of general jurisdiction, since any matter falls within the general jurisdiction of a Supreme Court, unless expressly excluded. State and territorial courts can sometimes exercise federal jurisdiction (i.e., federal cases decide). However, an attempt by the states and the Commonwealth to pass laws that would transfer judicial powers from the states to the federal courts was crushed by the Supreme Court in the Re Wakim case; Ex parte McNally,[24] as unconstitutional.
Despite this failure, however, state and federal courts can exercise “accumulated jurisdiction” that allows them to hear all legal issues arising from a single set of facts. This allows all courts to deal with virtually all issues arising from the facts of a case, provided that the court concerned has jurisdiction to rule on the main ground of action. The large number of courts in Australia has different procedural powers and characteristics, different jurisdictional boundaries, different recourse powers and different cost structures. The Magistrates Court deals with both civil and criminal cases. All criminal proceedings against adults begin in this jurisdiction. Judges handle most criminal cases summarily (meaning minor crimes can be tried without a jury). The Magistrates Court handles civil cases involving claims of up to $75,000. The Court also has a less formal small claims procedure than the general procedure.
The jurisdiction limit for smaller cases is $10,000. Within the Court of First Instance, there are specialized courts such as drug courts and specialized lists such as domestic violence lists. The Drug Court is only available to offenders involved in drug-related offences. It aims to refer legitimate offenders with substance abuse problems to treatment and supervision programs to break the cycle of substance abuse and criminal behaviour. Domestic violence lists are the process of placing domestic violence issues in a list of courts before a judge. The focus is on the safety of victims and addressing the causal factors of an abuser`s violent behaviour. Family violence lists are intended to break the cycle of family violence by providing the opportunity for programs to address the abuser`s violent behaviour prior to sentencing. In most Australian states and territories, the hierarchy of the Court is as follows: Formerly the Federal Court of First Instance, this court deals with less complex disputes in areas such as: Many sources of law are not included in the data accessed by Google or Google Scholar.
Since Google can`t compete with the quality and power that can be obtained from specialized legal databases, it should rarely be used when searching for legal information. There is no uniform definition of “superior court” (or “supreme court”). In many ways, Australia`s superior courts are similar to the higher courts of England and Wales. In Australia, the higher courts are general: The court is a superior court of limited jurisdiction, but below the High Court of Australia in the hierarchy of federal courts, and was created in 1976 by the Federal Court of Australia Act. [21] Decisions of courts such as the High Court of Australia, the Federal Court, the Supreme Courts of other states and territories, and our own Supreme Court are all part of the common law. When deciding what the law is or what it should be if there is no legislation and no higher decision, state courts also take into account the decisions of the courts of common law countries abroad, particularly England and Wales, Canada, the United States and New Zealand. Supreme Court decisions are binding on all Australian courts, including the supreme courts of the states and territories. The courts deal with different issues, depending on their jurisdiction and their place in the hierarchy of the courts. The High Court has limited procedural powers, but very rarely exercises them. It has sufficient power to refer cases brought there to another, more appropriate court so that the High Court can save its energy for its appeal functions. The higher a court is in the hierarchy, the more authoritative its decisions have over the other courts. See also precedents and evidence.
The decisions of the plenary session of the Federal Court and the Family Court are binding on the judges of the Federal District Court, as are the decisions of these courts on the appeal of a judge of the Federal District Court. In other circumstances, the decisions of a federal or family court judge are not strictly binding; However, these are usually followed by a conviction. Under the Australian Constitution, the courts are independent of other parts of government. Therefore, judicial officers can act without political interference. The Constitution itself only creates the High Court of Australia. However, it gives parliament the power to create other federal courts and delegate power to state and territorial courts. Within the state and federal judicial systems, there are a number of different courts. Each court has a specific “jurisdiction,” which is the scope of a court`s power to decide issues. The term comes from Latin: to say or explain “juris” – the law and “dictio”. The jurisdiction conferred on a court generally depends on the purpose for which the court was established, which is generally defined in the law.
The court with jurisdiction over a case may depend on the geographical area, the type of parties appearing, the amount of money involved in the case, or the severity of the maximum penalty for a crime. For example, in New South Wales, a crime for which the maximum penalty is 14 years` imprisonment is likely to be tried by the District Court or the Supreme Court, while a crime for which the maximum penalty is only a fine will be heard by the District Court. A table of the hierarchy of courts and civil and administrative courts in Australian states and territories follows here: The highest courts in each state and territory will conduct jury trials for serious crimes such as murder. But they also hear appeals from subordinate courts. Each state and territory has its own judicial hierarchy with different jurisdiction from each court. However, all states and territories have a Supreme Court, which is a superior court that is the highest court in that state or territory.
