The courts Flashcards

(6 cards)

1
Q

MAGISTRATES COURT

A

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

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2
Q

COUNTY COURT

A

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

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3
Q

SUPREME COURT - TRIAL DIVISION

A

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

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4
Q

SUPREME COURT - COURT OF APPEAL

A

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

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5
Q

HIGH COURT OF AUSTRALIA

A

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

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6
Q

Court of Hierarchy

A
  • HIGH COURT OF AUSTRALIA
  • SUPREME COURT - Court of appeal
  • SUPREME COURT - Trial division
  • COUNTY COURT
  • MAGISTRATES COURT
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