Foundations of
Australian Law
Fourth Edition
Chapter 3
The hierarchy of courts
Copyright © 2013 Tilde Publishing and Distribution
Chapter overview
This chapter looks at the concepts of
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Court hierarchy
Types of jurisdiction
Hierarchy and jurisdiction of courts at both
federal and state/territory levels
Strengths and weaknesses of courts
Alternative dispute resolution bodies and
methods
The court hierarchy
• Where disputes between two parties are
tried and resolved
• Ranked in a hierarchy that positions
each court either above or below the
other courts
The need for hierarchy
• Operation of the doctrine of
precedent
• Specialisation
• Appeals system
Types of jurisdiction
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Original jurisdiction
Appellate jurisdiction
Criminal Jurisdiction
Civil Jurisdiction
Original jurisdiction courts
• Each court in the hierarchy with original
jurisdiction has power to decide upon a
matter for the first time
• Often called courts of first instance
Appellate jurisdiction
• Gives courts the authority to review
cases a second or third time on appeal
• The party who initiates an appeal is
referred to as the appellant and the
opposing party as the respondent
• Higher courts can reconsider the
decisions of lower courts
• Only court without an appellate
jurisdiction is Magistrates’ Court
Criminal jurisdiction
• Gives power to some courts to
hear cases that are of a criminal
nature
• Courts hear summary and
indictable offences relative to the
ranking of their particular court
within the hierarchy
Civil jurisdiction
• Gives power to courts to hear cases
which are breaches of areas of civil law
such as tort, i.e. a civil wrong, and
contract
• Each court has a civil jurisdiction that
specifies the range of damages that
that particular court has the power to
reward
The Commonwealth hierarchy of
Australian courts
• The High Court of Australia
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Original jurisdiction
Appellate jurisdiction
• The Federal Court of Australia
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Original jurisdiction
Appellate jurisdiction
• The Family Court of Australia
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Original jurisdiction
Appellate jurisdiction
...
• The Federal Magistrates Court
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Original jurisdiction
• Concurrent jurisdiction with Family
Court
• Concurrent jurisdiction with the
Federal Court
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Appellate jurisdiction
The hierarchy of Australian
state and territory courts
• State and territory Magistrates’
Courts
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Criminal jurisdiction
Civil jurisdiction
• District Courts
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Criminal jurisdiction
Civil jurisdiction
Appellate jurisdiction
...
• Supreme courts
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Criminal jurisdiction
Civil jurisdiction
Appellate jurisdiction
• Courts of Appeal
• Other state courts
Cross vesting
• Allows a court action to be brought in
one court
• Applied in situations where a civil case
involves more than one jurisdiction
Strengths of court system
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•
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Trials
Doctrine of precedent
Community involvement
Specialisation and expertise
Appeals
Weaknesses of court system
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Costs
Delays due to appeals
Unelected judges
Binding precedents
Rigid procedures
Alternative dispute
resolution bodies
• Federal commissions
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The Australian Industrial Relations
Commission
The Australian Competition and Consumer
Commission
Australian Securities and Investment
Commission (ASIC)
- Corporate Regulator
- Markets Regulator
- Financial Services Regulator
...
• Federal tribunals
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The Australian Competition Tribunal
The Administrative Appeals Tribunal
• State commissions and tribunals
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Industrial relations commissions
Small claims tribunals
Alternative dispute
resolution methods
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•
•
•
Arbitration
Mediation
Conciliation
Ombudsman
Legal regulatory bodies
• Each state and territory has a
variety of legal regulatory bodies
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independent
government
Professional associations
• See Table 3.6, 3.7, 3.8
Chapter review
In this chapter you have looked at





Court hierarchy
Types of jurisdiction
Hierarchy and jurisdiction of courts
at both federal and state/territory
levels
Strengths and weaknesses of courts
Alternative dispute resolution bodies
and methods