County & Supreme Courts
Jurisdiction
UNIT 4 LEGAL STUDIES
AOS 1- DISPUTE RESOLUTION
Victorian Court Hierarchy
FEDERAL COURTS
Family Court
STATE COURTS
Coroner’s Court
Children’s Court
COUNTY COURT
County Court - Function
 The County Court deals with a wide range of
civil and criminal matters in its original jurisdiction
(that is, hearing a matter for the first time).
 It also hears appeals from the Magistrates’ Court
in criminal matters relating to _________________
________________________________________________
 Proceedings are more formal than the
Magistrates’ Court
 Juries are used in _____________ and is optional
in this court for __________________
 A judge presides over the County Court.
 It is made up of a chief judge and other judges.
Currently there is approximately 63 judges of the
County Court.
 The judge is referred to as “Your Honour”
Current Chief Judge of
County Court,
Michael Rozenes
Original CIVIL jurisdiction
Civil Jurisdiction
 ___________________civil jurisdiction!!
 Meaning they can hear any civil claim
regardless of the amount of damages
(compensation) being sought.
 Civil cases in the County Court are heard by a
judge sitting alone or, at the request of the
parties, with a jury of ___________
Original CRIMINAL jurisdiction
Criminal Jurisdiction
 Has the original jurisdiction to hear MOST
indictable offences, such as, armed robbery,
culpable driving, drug trafficking, sexual
offences (eg: rape).
 Criminal juries of _____are used in all indictable
offences where the accused pleads not-guilty,
meaning that these cases are heard by a
County Court judge and jury.
Koori Court @ the County Court
 The County Court are currently undertaking a pilot
program for a Koori County Court. It will provide
Aboriginal people a voice in the legal system, and allow
provide a more culturally appropriate process for these
people.
 They are still given the same sanctions as “white
Australian’s”, however the process incorporates
respected elders to help reform and rehabilitate the
offender.
 Similar courts are being run in New Zealand for
indigenous people.
Appellate jurisdiction
(What cases can the County court hear that
have been ___________________)
Appellate jurisdiction
Appellate CRIMINAL jurisdiction
 County Court has the power to hear criminal appeals
from the Magistrates’ Court based on either the
______________________ handed down by the
Magistrate.
 They can also hear appeals from the ___________
based on a sentence handed down.
Appellate CIVIL jurisdiction
 They do not hear civil appellate jurisdiction, that is they
____________hear civil appeals from other courts.
Appeals _____ the County Court
 If either party from a criminal or civil case from
the County Court is not satisfied with the
outcome of their case, they can appeal the
decision to a higher court, based on the
following grounds;
Criminal appeals
-Points of law
-Severity or leniency of sentence
-Conviction on a question of facts
Can be appealed to the _______________________
Appeals FROM the County Court
Civil appeals
-Points of law
-Decision as to the facts (dispute of facts of case)
-Amount of damages awarded to plaintiff
(compensation)
County Court Review
SUPREME COURT
Background information on Supreme Court
 Highest Victorian court
 The judgements made here may be recorded
and create precedents for future cases.
 Divided into two divisions: Trial division & Court of
Appeal.
 Cases are decided upon by a judge which is
referred to a “justice”, and a jury of 12 for
criminal matters, or optional jury of 6 for civil
matters.
Function of the Supreme Court
 The Supreme Court deals with the MOST SERIOUS
matters
 Wide powers in its original jurisdiction
 It has extensive appellate jurisdiction in both civil
AND criminal matters.
TRIAL DIVISION
Original CIVIL jurisdiction
Civil Jurisdiction
 Unlimited civil claims
 However generally will hear civil cases involving
large sums over ______________
 Heard before a justice of the Supreme Court and a
jury of 6 is ______________
Original CRIMINAL jurisdiction
Criminal Jurisdiction
 Hears the ________________ criminal cases
(indictable offences)
 Murder, manslaughter, treason, defensive
homicide.
 Heard by Justice of Supreme Court and a jury of
____________
Appellate jurisdiction
(What cases can the Supreme Court hear
that have been appealed from another
court?)
Appellate Jurisdiction
Appellate Criminal Jurisdiction (Criminal appeals)
- Criminal appeals based on a point of law from
________________
- Criminal appeals based on a point of law from
________________
Appellate Civil Jurisdiction (Civil appeals)
-Civil appeals based on a point of law from
_________________
Appeals FROM Supreme Court
If parties to either a civil or criminal case are not
satisfied with the outcome of their case heard by the
Supreme Court they can appeal to the following.
Criminal appeals
All criminal appeals from Supreme Court are heard by
the Court of Appeal. A decision can be appealed for
the following reasons;
- Point of law
- Conviction
- Sanction
Civil Appeals
All ___________the Supreme Court are also heard
by the Court of Appeal. An appeal can be lodged for
the following reasons;
- Point of law
- Question of fact
- Damages (amount of compensation awarded)
What is a point of law appeal?
COURT OF APPEAL
(CoA)
Background information
 The Court of Appeal ______________of the
Supreme Court.
 The Supreme Court can hear appeals, however
the Court of Appeal division of the Supreme
Court can also hear appeals.
 Presided over by 3-5 judges
 ___________________________________
Function of the CoA
 Hears criminal and civil appeals.
 ___________________________, only hears
appeals.
Appellate Criminal Jurisdiction
(Criminal appeals)
 A person who has been found guilty of an offence in
the County OR Supreme Court (trial division) can
appeal to the Court of Appeal based on:
- Point of law
- Conviction
- Severity of sanction
Appellate Civil Jurisdiction
(Civil appeals)
 A person can appeal a civil case determined in either
the County Court of Supreme Court (one judge)
based on;
- Point of law
- Question of fact
- Amount of damages
Appeals FROM the Court of Appeal
 If parties appeal their case to the Court of Appeal,
and are still not happy with the outcome (civil or
criminal), they can appeal it further to
______________________________