SOURCE 1.

COMMON LAW Court Hierarchy Jurisdiction of State and Federal Courts Examine the hierarchy and jurisdiction of state and federal courts SOURCE 1. COMMON LAW Court Hierarchy Jurisdiction of State and Federal Courts

1. Hierarchy
At which LEVEL is each court?

2. Jurisdiction
Which TYPES OF CASES does each court deal with?

THEME: The relationship between different legal institutions and jurisdictions

SOURCE 1. COMMON LAW Court Hierarchy Jurisdiction of State and Federal Courts

2. Jurisdiction
Which TYPES OF CASES does each court deal with?
NSW DISTRICT COURT
- Serious criminal cases such as armed robbery, sexual assault. Basically anything except murder, treason or piracy.

A single court can hear lots of different TYPES OF CASES. Some courts are even split into different divisions, so that the judges can specialise in a certain area.

- Civil cases between $100,000 - $750,000.

NSW LOCAL COURTS

- Minor criminal matters. - Committal hearings: When you are charged with any crime, you go to a local court first to decide if: a) There is any real evidence or if your case to continue (Is there a prima facie case? On the face of it, just by quickly looking at the facts?) b) Which court your case should be held in (District? Supreme?) - Civil disputes under $100,000

SOURCE 1. COMMON LAW Court Hierarchy Jurisdiction of State and Federal Courts

1. Hierarchy
At which LEVEL is each court?
NSW DISTRICT COURT
- Serious criminal cases such as armed robbery, sexual assault. Basically anything except murder, treason or piracy.

Different cases will start at different LEVELS, depending on how serious the case is. If you lose your case, you can sometimes appeal (take your case to a higher court)

- Civil cases between $100,000 - $750,000.

NSW LOCAL COURTS

- Minor criminal matters. - Committal hearings: When you are charged with any crime, you go to a local court first to decide if: a) There is any real evidence or if your case to continue (Is there a prima facie case? On the face of it, just by quickly looking at the facts?) b) Which court your case should be held in (District? Supreme?) - Civil disputes under $100,000

HIGH COURT (FULL COURT)

- Seven judges - Final court of appeal

HIGH COURT (PARTIAL)

- 1-3 judges - Appeals from NSW Courts of Appeal on criminal and civil matters.

NSW SUPREME COURT

NSW COURT OF CRIMINAL APPEAL
- Deals with appeals from criminal cases (again, usually has three judges). - Often hears stated cases (not going through the WHOLE trial again just going through the original judges decision and deciding if there was a mistake of law

NSW COURT OF APPEAL

This is part of the Supreme Court, but it usually has three judges.

NSW SUPREME COURT (SINGLE JUDGE)

- Very serious criminal cases, such as murder. - Civil cases involving over $750,000. - Civil matters such as wills, injunctions

DRUG COURT
Deals with offenders who are dependent on drugs.

NSW DISTRICT COURT

- Serious criminal cases such as armed robbery, sexual assault. Basically anything except murder, treason or piracy.

TRIBUNALS
e.g. Administrative Decisions Tribunal (ADT)

- Civil cases between $100,000 - $750,000.

Consumer, Trader and Tenancy Tribunal (CTTT)

WILL BECOME ONE BIG TRIBUNAL IN 2014 The

CORONERS COURT
- Holds inquests (investigations into unexplained deaths and fires) - Can make recommendations about changes that should be made to stop future deaths

CHILDRENS COURT
- Criminal cases dealing with children and young people. - Cases about the care and protection of children.

NSW LOCAL COURTS

- Minor criminal matters. - Committal hearings: When you are charged with any crime, you go to a local court first to decide if: a) There is any real evidence or if your case to continue (Is there a prima facie case? On the face of it, just by quickly looking at the facts?) b) Which court your case should be held in (District? Supreme?) - Civil disputes under $100,000

NSW Civil and Administrative Tribunal (NCAT)

STATE court hierarchy

JURISDICTION key
Deals with civil cases Deals with criminal cases Both (incl. appeals)

HIGH COURT (FULL COURT)

- Seven judges - Final court of appeal

HIGH COURT (PARTIAL)

- 1-3 judges - Appeals from NSW Courts of Appeal on criminal and civil matters.

Part of the FEDERAL court hierarchy

NSW COURT OF APPEAL

NSW SUPREME COURT

NSW COURT OF CRIMINAL APPEAL
- Deals with appeals from criminal cases (again, usually has three judges). - Often hears stated cases (not going through the WHOLE trial again just going through the original judges decision and deciding if there was a mistake of law This is part of the Supreme Court, but it usually has three judges.

NSW SUPREME COURT (SINGLE JUDGE)

- Very serious criminal cases, such as murder. - Civil cases involving over $750,000. - Civil matters such as wills, injunctions

DRUG COURT
Deals with offenders who are dependent on drugs.

NSW DISTRICT COURT

- Serious criminal cases such as armed robbery, sexual assault. Basically anything except murder, treason or piracy.

TRIBUNALS
e.g. Administrative Decisions Tribunal (ADT)

- Civil cases between $100,000 - $750,000.

Consumer, Trader and Tenancy Tribunal (CTTT)

WILL BECOME ONE BIG TRIBUNAL IN 2014 The

CORONERS COURT
- Holds inquests (investigations into unexplained deaths and fires) - Can make recommendations about changes that should be made to stop future deaths

CHILDRENS COURT
- Criminal cases dealing with children and young people. - Cases about the care and protection of children.

NSW LOCAL COURTS

- Minor criminal matters. - Committal hearings: When you are charged with any crime, you go to a local court first to decide if: a) There is any real evidence or if your case to continue (Is there a prima facie case? On the face of it, just by quickly looking at the facts?) b) Which court your case should be held in (District? Supreme?) - Civil disputes under $100,000

NSW Civil and Administrative Tribunal (NCAT)

STATE court hierarchy

JURISDICTION key
Deals with civil cases Deals with criminal cases Both (incl. appeals)

HIGH COURT (FULL COURT)

- Seven judges - Constitutional matters

HIGH COURT (PARTIAL)

- Single or three judges. - Cases brought by, or against, the federal government. - Cases between states or residents of different states.

FEDERAL COURT (FULL)

Appeals from single judge.

FAMILY COURT (FULL)

Appeals from single judge.

FEDERAL COURT (SINGLE)

- Cases under COMMONWEALTH LAWS e.g. taxation, corporations, bankruptcy, trade practices, Native Title, etc

FAMILY COURT (SINGLE)

Cases regarding marriage and divorce.

FEDERAL CIRCUIT COURT

- Shorter and simpler cases that could have gone to the Federal Court (e.g. 95% of bankruptcy applications) - Shorter and simpler cases that could have gone to the Family Court (80% of family court applications, e.g. divorce with no children)

NATIVE TITLE TRIBUNAL

- Native Title cases

ADMINISTRATIVE APPEALS TRIBUNAL

- Appeals from Federal tribunals

MIGRATION REVIEW TRIBUNAL

SOCIAL SECURITY APPEALS TRIBUNAL

REFUGEE REVIEW TRIBUNAL

FEDERAL court hierarchy FEDERAL court hierarchy

Deals with federal law cases Deals with family law cases Both federal law AND family law cases, incl. appeals

HIGH COURT (FULL COURT)

- Seven judges - Constitutional matters

HIGH COURT (PARTIAL)

- Single or three judges. - Cases brought by, or against, the federal government. - Cases between states or residents of different states.

FEDERAL COURT (FULL)

Appeals from single judge.

FAMILY COURT (FULL)

Appeals from single judge.

FEDERAL COURT (SINGLE)

- Cases under COMMONWEALTH LAWS e.g. taxation, corporations, bankruptcy, trade practices, Native Title, etc

FAMILY COURT (SINGLE)

Cases regarding marriage and divorce.

FEDERAL CIRCUIT COURT

- Shorter and simpler cases that could have gone to the Federal Court (e.g. 95% of bankruptcy applications) - Shorter and simpler cases that could have gone to the Family Court (80% of family court applications, e.g. divorce with no children)

NATIVE TITLE TRIBUNAL

- Native Title cases

ADMINISTRATIVE APPEALS TRIBUNAL

- Appeals from Federal tribunals

FEDERAL court hierarchy

Deals with federal law cases Deals with family law cases

MIGRATION REVIEW TRIBUNAL

SOCIAL SECURITY APPEALS TRIBUNAL

REFUGEE REVIEW TRIBUNAL

Both federal law AND family law cases, incl. appeals

When youll need to know these courts

Prelim Sources of Contemporary Australian law etc etc etc Prelim Native Title HSC Family

HSC Crime

Prelim Resolving Disputes