Courts deal with different matters depending on their jurisdiction and place in the court hierarchy. Within the state and federal courts systems, there are a number of different courts. Each court has a particular ‘jurisdiction’, which is the scope of a court’s authority to decide matters. The term comes from Latin: ‘juris’ – the law and ‘dictio’ – to say or declare. The jurisdiction given to a court will usually depend on the purpose for which the court was established, which is usually defined in legislation. Which court will have jurisdiction over a case may be based on geographical area, the type of parties who appear, the amount of money involved in the case, or the severity of the maximum penalty for an offence. For example, in NSW, a crime for which the maximum penalty is 14 years imprisonment will probably be heard by the District Court or the Supreme Court, while a crime for which the maximum penalty is only a fine will be heard by the Local Court. Some courts have a specialised jurisdiction (for example, the Children’s Court) so they deal with cases only in a narrow range of topics, while other courts have a general jurisdiction (such as the state Supreme Courts) to deal with a wide variety of cases. The Supreme Courts of the states and territories are courts of general jurisdiction in that every matter is within the general jurisdiction of a Supreme Court unless specifically excluded. Another distinction in jurisdiction is between 'original jurisdiction' and 'appellate jurisdiction'. The court where a particular matter is heard for the first time has ‘original jurisdiction’. If there is to be an appeal against the decision of the original court, the court that can hear the appeal has ‘appellate jurisdiction’. See Appeals for more information. The Commonwealth has three levels of general federal courts: These courts were established to hear and determine matters arising under Commonwealth laws. The Commonwealth Constitution established the High Court of Australia, which is the highest court in Australia. The High Court is at the top of the hierarchy of federal courts. It is also at the top of the hierarchy of state courts, because decisions of state Supreme Courts may be able to be appealed to the High Court. Each of the states (except for Tasmania) also has three levels of courts of general jurisdiction: the state Supreme Court, the District Court (called County Court in Victoria) and the Local Court. Tasmania, the Northern Territory and the Australian Capital Territory do not have an intermediate level court. Courts are classified as either superior courts or inferior courts. The principal Australian superior courts are: All courts that are not superior courts are inferior courts. Intermediate courts (such as the District Court of New South Wales) are therefore technically inferior courts. Magistrates make decisions in the lower courts (state local and magistrates courts). The higher in the hierarchy a court is, the greater the authority their decisions have for other courts. See also Precedent and evidence. In both state and federal systems there are tribunals which operate in a more informal way to reach decisions on civil matters: see Tribunals for more information.
Do you need a lawyer, or are you representing yourself in court? Find information about court procedures and forms. Find out about our legal system. How Laws are made, presented as two 10-minute films on YouTube: Parliament and Courts, provides an overview of where Aus Find links to Federal courts and tribunals, including the High Court, Federal Court and Family Court.
The ACT Supreme Court and ACT Magistrates Court have resumed normal operations for all matters.
The ACT Supreme Court is a superior court of record enjoying civil, criminal and appellate jurisdiction. Generally the original and appellate jurisdiction of the Court is exercisable by a single judge. Criminal trials may be heard before a judge and jury, or by judge alone at the election of the accused. In civil matters the Court has an unlimited monetary jurisdiction, although claims for less than $250,000 are usually brought in the Magistrates Court. An appeal lies to the Supreme Court from the Magistrates Court, the Childrens Court, and the ACT Civil and Administrative Tribunal (ACAT) (including the ACT Administrative Appeals Tribunal). The Supreme Court exercises jurisdiction in corporations law, adoptions, probate and other matters including admiralty. The Court's admiralty jurisdiction was inherited from the Supreme Court of New South Wales. It is a jurisdiction which - according to former ACT Chief Justice Jeffrey Miles in his publication, A History of the Supreme Court of the Australian Capital Territory: The First 75 Years (Lawbook: 2009) - the Court has not yet had an opportunity to exercise even though it has power to hear matters to do with the Jervis Bay Territory, the Australian Antarctic Territory and the Heard and McDonald Islands Territory. The Supreme Court comprises a Chief Justice, four resident judges, sixteen additional judges (each of whose primary commission is as a Judge of the Federal Court of Australia), and an Associate Judge who has broad jurisdiction in personal injuries matters. In addition the Executive may appoint acting judges to assist in the work of the Court. Appointment for acting judges may only be for periods of up to 12 months. The Court consists of three main administrative units that answer directly to a Principal Registrar. They are the Registry which is responsible for maintaining up-to-date records of the Court, processing judgments and orders, listing cases and securing court records; the Sheriff’s Office which is responsible for serving and executing the civil process of the Court, administering the jury system, court security and providing court attendants and the Russell Fox Library which is the main legal reference resource for the ACT courts.
 The seat of the High Court is in Canberra, where it is located in its own building within the Parliamentary Triangle. The High Court building houses three courtrooms, Justices' chambers, and the Court's main registry, library, and corporate services facilities. In addition, there are offices of the High Court Registry in Sydney and Melbourne, staffed by officers of the High Court. In Adelaide, Brisbane, Darwin and Perth, registry functions are performed on behalf of the High Court by officers of the Federal Court of Australia, and in Hobart they are performed by officers of the Supreme Court of Tasmania. |
What does the Supreme Court deal with Australia
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