The courts Flashcards
(6 cards)
MAGISTRATES COURT
ORIGINAL - CRIMINAL
- All summary offences Committal proceedings Bail applications
Original - Civil
- Claims of up to $100 000
APPEAL - CRIMINAL
- No appellate jurisdiction
Appeal - Civil
- No appellate jurisdiction
COUNTY COURT
ORIGINAL - CRIMINAL
- All indictable offences except murder, treason and terrorism
Original - Civil
- Unlimited civil jurisdiction, generally only greater than $100 000
APPEAL - CRIMINAL
- Appeals from offender on conviction as a question of fact.
- Appeals from prosecution/offenders on sanction imposed.
Appeal - Civil
- No appellate jurisdiction
SUPREME COURT - TRIAL DIVISION
ORIGINAL - CRIMINAL
- Unlimited - conducts trials for the most serious indictable offences
Original - Civil
- Unlimited civil jurisdiction, generally only greater than $100 000.
- Also hears class actions
APPEAL - CRIMINAL
- Appeals from Magistrates on questions of law
Appeal - Civil
- Appeals from VCAT and Magistrates on questions of law
SUPREME COURT - COURT OF APPEAL
ORIGINAL - CRIMINAL
No original jurisdiction
Original - Civil
- No original jurisdiction
APPEAL - CRIMINAL
- Appeals from County Court and Supreme Court Trial division
Appeal - Civil
- Appeals from County Court and Supreme Court trial Division
HIGH COURT OF AUSTRALIA
ORIGINAL JURISDICTION
- Constitutional matters, disputes between states, disputes where the Commonwealth is a party
Original - Civil
- N/A
APPEAL - CRIMINAL
- Appeals from the Supreme Court: Court of Appeal and Supreme Court Trial Division
Appeal - Civil
- Appeals from the Supreme Court: Court of Appeal and Supreme Court Trial Division
Court of Hierarchy
- HIGH COURT OF AUSTRALIA
- SUPREME COURT - Court of appeal
- SUPREME COURT - Trial division
- COUNTY COURT
- MAGISTRATES COURT