The court hierarchy:
civil disputes
The Hierarchy
• Just like in criminal matters, the court
hierarchy assists in resolving civil disputes.
• Disputes should be referred to different courts
on the basis of seriousness and the sum of
money involved in the case.
• Each court has its own original and appellate
jurisdiction.
• Generally, the lower the court, the less serious
the case.
• Magistrates= least serious allegations
• Supreme Court= most complex civil disputes
Magistrates
• Hears civil cases involving contracts, torts and
claims
• Original jurisdiction: claims up to $100,000
(less than $10,000 referred to arbitration)
• Appellate jurisdiction: none
County Court
• Original jurisdiction: Unlimited
• Litigants can choose to have their case heard
in either the Supreme or the County Court
• Appellate jurisdiction: no appellate civil
jurisdiction
Supreme Court (trial division)
• Original jurisdiction: unlimited; tends to hear
the cases with substantial claims.
• People can choose to have their case heard in
the County or the Supreme Court
• Appellate jurisdiction: appeals on points of
law from the Magistrates’ Court and VCAT
Supreme Court (Court of Appeal)
• Original jurisdiction: no original jurisdiction
• Appellate jurisdiction: Appeals from the
County or Supreme Court on a point of law,
decisions as to facts or amount of damages
Specialist courts
• Children’s Court: hears cases concerning
people aged under 17 years.
• Family Court: Federal court- hears
applications for divorce, parenting orders,
spousal and child maintenance and custody
• Federal Court: hears cases involving particular
federal laws (trade practices etc)
Reasons for a court hierarchy
• Expertise- courts can specialise (ie Family
Court)
• Efficient use of resources- personnel trained
in certain areas
• Appeals- if a person is dissatisfied with a
decision they can take it to a higher court.
• Precedent- a higher courts sets the precedent
for the lower courts.