Court Heirarchy and Jurisdictions

Question 1

What are the two kinds of jurisdiction?

Answer 1

Original and Appellate

Question 2

What is the jurisdiction of the Magistrates’ Court?

Answer 2

Original (Criminal)
- All summary offences
- Committal proceedings
- Bail applications

Original (Civil)
- Claims of up to $100,000

Question 3

What is the jurisdiction of the County Court

Answer 3

Original (Criminal)
- All indictable offences except murder, treason, terrorism

Appeal (Criminal)
- Appeals from offender on conviction as a question of fact
- Appeals from prosecution/offenders on sanction imposed

Original (Civil)
- Unlimited civil jurisdiction, generally only greater than $100,000

Appeal (Civil)
- No appellate jurisdiction

Question 4

What is the jurisdiction of the Supreme Court - TRIAL DIVISION?

Answer 4

Original (Criminal)
- Unlimited - usually conducts trials for more serious indictable offences

Appeal (Criminal)
- Appeals from Magistrates on questions of law

Original (Civil)
- Unlimited civil jurisdiction, generally only greater than $100,000
- Also hears class actions

Appeal (Civil)
- Appeals from VCAT and Magistrates on questions of law

Question 5

What is the jurisdiction of the Supreme Court - COURT OF APPEAL?

Answer 5

Appeal (Criminal)
- Appeals from County Court
- Appeals from Supreme Court - TRIAL DIVISION

Appeal (Civil)
- Appeals from County Court
- Appeals from Supreme Court - TRIAL DIVISION

Question 6

What is the jurisdiction of the High Court?

Answer 6

Original Jurisdiction
- Constitutional matters
- Disputes between states
- Disputes where the Commonwealth is a party

Appeal (Criminal)
- Appeals from the Supreme Court - COURT OF APPEAL and TRIAL DIVISION

Appeal (Civil)
- Appeals from the Supreme Court - COURT OF APPEAL and TRIAL DIVISION