3.2.5 Reasons for the court hierarchy

Question 1

define court hierarchy

Answer 1

Court hierarchy the arrangement
of courts in order of superiority.

Question 2

define Administrative convenience as a reason for the court hierarchy

Answer 2

Administrative convenience the
systematic benefit derived from legal
matters being distributed amongst the
courts according to their complexity
and severity.

Question 3

define appeals as a reason for the court hierarchy

Answer 3

Appeal a legal process that
a dissatisfied party may pursue
to have the court’s decision reviewed
by a higher court.

Question 4

what are grounds for appeal

Answer 4

questions of law
*
questions of fact
*
the remedy awarded.

Question 5

Fairness: Strengths

Answer 5

Appeals are available to everyone – All parties have the same opportunity to appeal a decision, ensuring any errors are corrected.
Administrative convenience – Disputes are separated across the hierarchy, minimizing delays and promoting fair treatment by reducing prolonged stress.

Question 6

Fairness: Limitations

Answer 6

Cost of appeal – The party seeking an appeal must bear the application and legal fees, which may prevent some parties from lodging an appeal, leading to unfair results.
Delays – Despite the hierarchical system, there are still significant delays and court backlogs, which can lead to unfair delays in resolving disputes.

Question 7

Equality: Strengths

Answer 7

Appropriate court for each dispute – Disputes are heard in the correct court, ensuring similar disputes are resolved in the same way, promoting equality.
Consistent decision-making – Similar disputes are handled uniformly within each court, ensuring equal treatment despite differences.

Question 8

Equality: Limitations

Answer 8

Cost of appeal – If a party cannot afford the cost of an appeal, they may be denied the opportunity, limiting equality for those of lower socioeconomic status.

Question 9

Access: Strengths

Answer 9

Automatic access to the correct court – Parties have clear guidance on which court to initiate proceedings in, improving access.
Transparency and accountability – Court decisions are published and subject to review, ensuring access to past legal decisions and predictability.

Question 10

Access: Limitations

Answer 10

Cost of appeal – The cost of appeal can prevent parties from lower socioeconomic backgrounds from accessing the court system.
Limited grounds for appeal – Appeals are not available unless there are valid grounds and may require leave to appeal, restricting access in some cases.

Question 11

magistrates court jurisdiction

Answer 11

Magistrates’ Court
Original jurisdiction: Claims up to $100,000
Appellate jurisdiction: N/A

Question 12

county court jurisdiction

Answer 12

County Court
Original jurisdiction: Claims for unlimited amounts (in practice,
civil claims greater than $100,000)
Appellate jurisdiction: N/A

Question 13

Supreme Court trial division jurisdiction

Answer 13

supreme Court – Trial Division
Original jurisdiction: Claims for unlimited amounts (in practice,
civil claims greater than $100,000)
Appellate jurisdiction: Appeals from VCAT and Magistrates’
Court – questions of law

Question 14

Supreme Court of appeal jurisdiction

Answer 14

Supreme Court – Court of Appeal
Original jurisdiction: N/A
Appellate jurisdiction: County and Supreme Court – questions
of law, fact or amount of damages, with
leave; appeals from VCAT (cases heard by
the VCAT President or Vice president) on a
question of law

Question 15

high court jurisdiction

Answer 15

High Court
Appellate jurisdiction: Appeals from the Court of Appeal