Reasons for court hierarchy

Question 1

What is Administrative convenience

Answer 1

Using a hierarchy for courts means that cases can be distributed according to their seriousness and complexity.

Question 2

What would happen if Administrative convenience did not exist

Answer 2

If smaller claims were heard in higher courts along with larger claims, then they would take longer to hear causing delays.

Question 3

What are appeals

Answer 3

A party who is dissatisfied with a decision in a civil trial can, if there are grounds for appeal, take the matter to a higher court.

Question 4

What are the grounds to appeal

Answer 4

• A point of law —> Where the law has not been correctly applied
  Example: the court heard inadmissible evidence, or applied the wrong legal test in the case
• A question of fact —> Whether the facts of the case had been applied appropriately to reach the decision
• The remedy awarded —> The way in which a court enforced a right, or the order that was made by the court.

Question 5

What is the purpose of a court hierarchy

Answer 5

If there was no court hierarchy, then there would be no higher court to review a decision that a party believes has been made in error. Therefore, having a court hierarchy ensures there is a system by which a decision can be reviewed by a more superior court, if in case the lower courts get it wrong.

Question 6

What is leave to appeal

Answer 6

This refers to getting the court’s consent to hear an appeal in a civil case, requiring the party to satisfy the court that there is a real prospect of success.

Question 7

List original Jurisdiction of all courts in Victoria

Answer 7

Magistrates Court - Claims of up to $100,000
County Court - Unlimited
Supreme Court (Trial division) - Unlimited
Supreme Court (Court of Appeal) – No original jurisdiction

Question 8

List appellate jurisdiction of all courts in Victoria

Answer 8

Magistrates Court - No appellate jurisdiction

County Court - No appellate jurisdiction, unless given power under Act of Parliament

Supreme Court (Trial Division) - On a question of law from the Magistrates Court and from VCAT

Supreme Court (Court of Appeal) - All appeals from County Court or Supreme Court, on a question of law from the Magistrates Court, on a question of law from VCAT

Question 9

Strengths of Court hierarchy

Answer 9

• A court hierarchy allows courts to adopt different processes and use their resources in a way that ensures cases can be resolved efficiently. –> Having more Magistrates Courts as there are more minor civil disputes
• A court hierarchy allows appeals to be made by both parties if there is an error in the original decision.

Question 10

Weaknesses of Court hierarchy

Answer 10

• The different courts may be confusing for people who do not understand the civil justice system.
• There is no automatic right to appeal, and appeal processes are difficult to understand without a lawyer, particularly as there is generally the need to establish grounds for appeal.