Australian court hierarchy - AbsoluteAstronomy.com

There are two streams within the hierarchy of Australian court

Court

A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...

s, the federal stream and the state and territory

States and territories of Australia

The Commonwealth of Australia is a union of six states and various territories. The Australian mainland is made up of five states and three territories, with the sixth state of Tasmania being made up of islands. In addition there are six island territories, known as external territories, and a...

stream. While the federal courts and the court systems in each state and territory are separate, the High Court of Australia remains the ultimate court of appeal for the Australian system.

Superior and Inferior Courts

Superior Courts are those with, originally, unlimited jurisdiction to hear disputes and are the highest courts in their section of the Australia court hierarchy. They hear disputes in most areas of law and are only limited by legitimate legislation. These are the Supreme Courts, in each state and territory, and the High Court of Australia for the country generally. Each is created as part of the Constitution of Australia

Constitution of Australia

The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia...

, or for the Supreme Courts, by the Constitution of that state or the Self Government Acts for the ACT and the Northern Territory. The rule of law is a doctrine stating equality before the law.

Inferior Courts are secondary to Superior Courts. Their existence is from legislation and their powers are the opposite of Superior Courts: they only have the power to decide on matters where parliament grants them the power to do so. Decisions in inferior courts normally (but not always) can be appealed to the Superior Court in that area (e.g., from a District Court to a Supreme Court; or from the Federal Magistrates' Court to the Family Court of Australia

Family Court of Australia

The Family Court of Australia is a superior Australian federal court of record which deals with family law matters. Together with the Federal Magistrates Court, it covers family law matters in all states and territories of Australia except Western Australia...

or Federal Court of Australia

Federal Court of Australia

The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...

Federal courts

These courts among them have jurisdiction

Jurisdiction

Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...

over Commonwealth

Commonwealth

Commonwealth is a traditional English term for a political community founded for the common good. Historically, it has sometimes been synonymous with "republic."More recently it has been used for fraternal associations of some sovereign nations...

law

Law

Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...

, that is, law made by the Federal parliament

Parliament of Australia

The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress...

of Australia.

High Court of Australia

The High Court

High Court of Australia

The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...

is the highest court in Australia. It was created by section 71 of the Constitution

Constitution of Australia

. It has appellate jurisdiction over all other courts. It also has some original jurisdiction, and has the power of constitutional review. The High Court of Australia is the superior court to all federal courts, and is also the final route of appeal from all state superior courts.

Appeals to the High Court are by special leave only, which is rarely granted. Therefore for most cases, the appellate divisions of the Supreme Courts of each state and territory and the Federal Court are the ultimate appellate courts. The Full Court

Full Court

A Full Court refers to a court consisting of a greater-than-normal number of judges. Thus, in relation to a court usually presided over by a single judge, a Full Court would comprise a bench of three judges; for a court which, like many appellate courts, normally comprises three judges, a Full...

of the High Court is the ultimate appeal court for Australia.

Appeals from Australian courts to the Privy Council

Judicial Committee of the Privy Council

The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...

were initially possible, however the Privy Council (Limitation of Appeals) Act 1968 closed off all appeals to the Privy Council in matters involving federal legislation, and the Privy Council (Appeals from the High Court) Act 1975 closed almost all routes of appeal from the High Court. The Australia Act 1986
Australia Act 1986
The Australia Act 1986 is the name given to a pair of separate but related pieces of legislation: one an Act of the Commonwealth Parliament of Australia, the other an Act of the Parliament of the United Kingdom...

eliminated appeals from state Supreme Courts to the Privy Council. Appeals from the High Court to the Privy Council are now only theoretically possible in inter se

Inter se

Inter se is a Legal Latin phrase meaning "between or amongst themselves". For example;In Australian constitutional law, it refers to matters concerning a dispute between the Commonwealth and one or more of the States concerning the extents of their respective powers....

matters with leave of the High Court under section 74 of the Constitution; however the High Court has indicated it will not grant such leave in the future.

Federal Court of Australia

The Federal Court

Federal Court of Australia

primarily hears matters relating to corporations, trade practices, industrial relations, bankruptcy, customs, immigration and other areas of federal law. The court has original jurisdiction in these areas, and also has the power to hear appeals from a number of tribunals and other bodies (and, in cases not involving family law, from the Federal Magistrates' Court of Australia

Federal Magistrates' Court of Australia

The Federal Magistrates Court is an Australian court established by the Federal Magistrates Act 1999 , although its first officers were not appointed until 2000...

.)

The court is a superior court of limited jurisdiction, but below the High Court of Australia in the hierarchy of federal courts, and was created by the Federal Court of Australia Act in 1976.

Decisions of the High Court are binding on the Federal Court. There is an appeal level of the Federal Court (the "Full Court" of the Federal Court), which consists of several judges, usually three but occasionally five in very significant cases.

Family Court of Australia

The Family Court

Family Court of Australia

has jurisdiction over family law

Family law

Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...

matters. It is a superior court of limited jurisdiction and was established in 1975 by the Family Law Act 1975

Family Law Act 1975

The Australian Family Law Act 1975, sometimes referred to as the FLA by legal practitioners, is an Act of the Australian Parliament. It is one of four separate Acts that provide the framework for family law in Australia...

by the federal parliament. The Commonwealth has power over marriage and divorce under the Constitution

Constitution of Australia

. In the 1990s the states referred many of their powers over children of non-married couples to the Commonwealth, which added this power to the Family Court.

Uniquely among the states, Western Australia took up the option of establishing its own Family Court in 1975, and in that state all jurisdiction under the Family Law Act 1975

Family Law Act 1975

is exercised by the Family Court of Western Australia

Family Court of Western Australia

The Family Court of Western Australia is a state court that deals with family law. It was established by the passing of the Family Court Act and commenced operation in 1976. It deals with divorce, marital property settlements, child custody, adoption and surrogacy...

and not the Family Court of Australia.

The Family Court is a specialist family law court, involving parental disputes, matrimonial property, child support and other family-related laws. The principles of stare decisis

Stare decisis

Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions...

(binding law from higher courts) are the same as for the Federal Court. Appeals from the Family Court are heard by a "Full Court" of the Family Court (three to five judges). Appeals from the Full Court lie to the High Court of Australia, though special leave is required. A single judge of the Family Court may hear appeals in family law matters from the Federal Magistrates Court of Australia. Appeals from the Federal Magistrates Court must go to either of these courts (Federal Court or Family Court), dependent on the area of law.

Decisions of the Full Court of the Federal and Family Courts are binding on Federal Magistrates, as are decisions of these courts on appeal from a Federal Magistrate. In other circumstances, decisions of a single Federal or Family Court judge are not strictly binding; however, these will usually be followed.

State and territory courts

Each state and territory has a court hierarchy of its own, with the jurisdictions of each court varying from state to state and territory to territory. However, all states and territories have a Supreme Court, which is a superior court of record and is the highest court within that state or territory. These courts also have appeal divisions, known as the Full Court or Court of Appeal of the Supreme Court (in civil matters), or the Court of Criminal Appeal (in criminal matters.)

Decisions of the High Court are binding on all Australian courts, including state and territory Supreme Courts.

The state and territory courts can sometimes exercise federal jurisdiction (i.e. rule on matters subject to federal legislation.) However, an attempt by the states and the Commonwealth to pass legislation that would cross-vest state judicial powers in the Federal courts was struck down by the High Court in Re Wakim [1999] HCA 27 as being unconstitutional. Notwithstanding this failure, however, both state and federal courts can exercise an "accrued jurisdiction," which enables them to hear all legal issues arising from a single set of facts. This enables all courts to deal with virtually all issues arising from the facts of a case, provided that the particular court has jurisdiction to hear the principal cause of action.

Most of the states have two further levels of courts, which are comparable across the country. The District Court (or County Court in Victoria

Victoria (Australia)

Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....

) handles most criminal trials for less serious indictable offences, and most civil matters below a threshold (usually around $1 million). The Magistrates' Court (or Local Court) handles summary

Summary offence

A summary offence is a criminal act in some common law jurisdictions that can be proceeded with summarily, without the right to a jury trial and/or indictment .- United States :...

matters and smaller civil matters. In jurisdictions without District or County Courts, most of those matters are dealt with by the Supreme Courts. In Tasmania and the two mainland territories, however, there is only a Magistrates Court below the Supreme Court.

In the three external territories (that is, territories not directly forming part of the Commonwealth of Australia but administered by the Commonwealth) there is a Supreme Court and a Magistrates Court or Court of Petty Sessions. The Supreme Courts are staffed by judges of other courts, usually the Federal Court. Appeals from those courts lie to the Full Federal Court. As these territories have very small populations, the courts only sit from time to time as needed. The three external territories are Norfolk Island

Norfolk Island

Norfolk Island is a small island in the Pacific Ocean located between Australia, New Zealand and New Caledonia. The island is part of the Commonwealth of Australia, but it enjoys a large degree of self-governance...

, Christmas Island

Christmas Island

The Territory of Christmas Island is a territory of Australia in the Indian Ocean. It is located northwest of the Western Australian city of Perth, south of the Indonesian capital, Jakarta, and ENE of the Cocos Islands....

and Cocos (Keeling) Islands

Cocos (Keeling) Islands

The Territory of the Cocos Islands, also called Cocos Islands and Keeling Islands, is a territory of Australia, located in the Indian Ocean, southwest of Christmas Island and approximately midway between Australia and Sri Lanka....

.

The remaining external territories (in Antarctica) do not have permanent courts. In the event of a case arising from these territories, the courts of the ACT have jurisdiction.

New South Wales New South Wales New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...	Victoria Victoria (Australia) Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....	Queensland Queensland Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
Supreme Court of New South Wales Supreme Court of New South Wales The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales... District Court of New South Wales District Court of New South Wales The District Court of New South Wales has jurisdiction to hear most indictable offences . It hears appeals from the Local Court and civil claims up to A$750 000. In some circumstances the amount may be higher, e.g. with the consent of the parties or in motor accident claims etc... Local Court of New South Wales Local Court of New South Wales There are over 160 Local Courts in New South Wales. Local Court cases are heard by a magistrate without a jury. It hears summary offences as well as indictable offences and committal hearings. It hears civil claims up to $100,000 and has a Small Claims Division for claims less than $10,000. It...	Supreme Court of Victoria Supreme Court of Victoria The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. It was founded in 1852, and is a superior court of common law and equity, with unlimited jurisdiction within the state... County Court of Victoria County Court of Victoria The County Court of Victoria was established in 1852 by the County Courts Act 1852. The court has jurisdiction in the State of Victoria, Australia... Magistrates' Court of Victoria Magistrates' Court of Victoria The Magistrates' Court of Victoria is the lowest court in the Victorian court system, with the County Court of Victoria and the Supreme Court of Victoria respectively judicially higher...	Supreme Court of Queensland Supreme Court of Queensland The Supreme Court of Queensland, which is based at the Law Courts Complex, is the superior court for the Australian State of Queensland and sits around the middle of the Australian court hierarchy... District Court of Queensland District Court of Queensland The District Court of Queensland is a court in Queensland, a state of Australia. It has jurisdiction to hear:* appeals from decisions of the Magistrates' Court of Queensland;... Magistrates' Court of Queensland Magistrates' Court of Queensland The Magistrates Court of Queensland is the lowest court for the Australian state of Queensland. The court is the first stop in many criminal and civil actions and deal with minor criminal and civil matters...
South Australia South Australia South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...	Western Australia Western Australia Western Australia is a state of Australia, occupying the entire western third of the Australian continent. It is bounded by the Indian Ocean to the north and west, the Great Australian Bight and Indian Ocean to the south, the Northern Territory to the north-east and South Australia to the south-east...	Tasmania Tasmania Tasmania is an Australian island and state. It is south of the continent, separated by Bass Strait. The state includes the island of Tasmania—the 26th largest island in the world—and the surrounding islands. The state has a population of 507,626 , of whom almost half reside in the greater Hobart...
Supreme Court of South Australia Supreme Court of South Australia The Supreme Court of South Australia is the superior court for the Australian State of South Australia. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. The Supreme Court is the highest South Australian court in the Australian court... District Court of South Australia District Court of South Australia The District Court of South Australia is South Australia's principal trial court. It was established as a court of record by the District Court Act 1991... Magistrates' Court of South Australia Magistrates' Court of South Australia The Magistrates' Court of South Australia is South Australia's lowest level court.The Magistrates' Court has a criminal and civil jurisdiction. In its criminal jurisdiction, the Magistrates' Court deals with summary offences, which may be dealt with by a fine, imprisonment of up to two years,...	Supreme Court of Western Australia Supreme Court of Western Australia The Supreme Court of Western Australia is the highest state court in the Australian State of Western Australia. It has unlimited jurisdiction within the state in civil matters , and hears the most serious criminal matters.The Supreme Court consists of a General Division The Supreme Court of Western... Family Court of Western Australia Family Court of Western Australia The Family Court of Western Australia is a state court that deals with family law. It was established by the passing of the Family Court Act and commenced operation in 1976. It deals with divorce, marital property settlements, child custody, adoption and surrogacy... District Court of Western Australia District Court of Western Australia The District Court of Western Australia is the intermediate court in Western Australia. The Perth Registry is located at 500 Hay Street, Perth. Other registries are located at Albany, Broome, Bunbury, Busselton, Carnarvon, Derby, Esperance, Geraldton, Kalgoorlie, Karratha, Kununurra, and South... Magistrates' Court of Western Australia	Supreme Court of Tasmania Supreme Court of Tasmania The Supreme Court of Tasmania is the highest State court in the Australian State of Tasmania. In the Australian court hierarchy, the Supreme Court of Tasmania is in the middle level, and is able to both receive appeals from lower courts, and able to be appealed from.The ordinary sittings of the... Magistrates' Court of Tasmania Magistrates' Court of Tasmania The Magistrates' Court of Tasmania is the main day-to-day court in the Australian state of Tasmania and exists in accordance with the laws handed down by the Tasmanian Parliament...
Northern Territory Northern Territory The Northern Territory is a federal territory of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions...	Australian Capital Territory Australian Capital Territory The Australian Capital Territory, often abbreviated ACT, is the capital territory of the Commonwealth of Australia and is the smallest self-governing internal territory...	Norfolk Island Norfolk Island Norfolk Island is a small island in the Pacific Ocean located between Australia, New Zealand and New Caledonia. The island is part of the Commonwealth of Australia, but it enjoys a large degree of self-governance...
Supreme Court of the Northern Territory Supreme Court of the Northern Territory The Supreme Court of the Northern Territory is the superior court for the Australian Territory of the Northern Territory. It has unlimited jurisdiction within the territory in civil matters, and hears the most serious criminal matters... Magistrates' Court of the Northern Territory	Supreme Court of the Australian Capital Territory Supreme Court of the Australian Capital Territory The Supreme Court of the Australian Capital Territory is the superior court for the ACT. It has unlimited jurisdiction within the territory in civil matters , and hears the most serious criminal matters... Magistrates' Court of the Australian Capital Territory	Supreme Court of Norfolk Island Supreme Court of Norfolk Island The Supreme Court of Norfolk Island hears certain cases in the Australian territory of Norfolk Island. It is the superior Court of Norfolk Island... Norfolk Island Court of Petty Sessions Norfolk Island Court of Petty Sessions The Norfolk Island Court of Petty Sessions is created by the Court of Petty Sessions Act 1960 , is the equivalent of most Australian mainland Magistrates' Courts or Local Courts....

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