The Court System
DEFINITIONS
Jurisdiction – the lawful authority of a court or tribunal to decide a particular case according to its severity. It
also refers to the geographical boundaries of a court’s power.
Original jurisdiction – when a matter is taken to court for the first time, it is known as the court of first
instance
A case heard in the Magisterial Court is known as a hearing and a case heard in the higher courts is known as
a trial.
Appellate jurisdiction – when the court is hearing an appeal (not all courts can do this). The person bringing
the appeal is known as the appellate and the other party is the respondent. There is no jury when a court is
sitting in its appellate jurisdiction.
Grounds for appeal:
 Stated Case – an appeal based on the fact that a magistrate has made an error in law. The appeal
may come from either the defence or the prosecution
 on conviction
 on the severity of the sentence or remedy awarded
Doctrine of precedent – decisions made in higher courts are binding on lower courts in the same hierarchy.
The ratio decidendi (reason for the decision) in the higher court establishes a precedent to be followed in the
future.
COURT HIERARCHY
Within the Australian legal system, courts are divided into levels (lower, intermediate and higher) and areas
of expertise. A summary of the advantages and disadvantages of a court hierarchy can be found on page 255
of your textbook.
Higher Courts
High Court of
Australia
Federal
Court
Family Court
Supreme
Court of
Tasmania
Intermediate Courts
Full Court
Criminal
Court of
Appeal
Trial Division
Magistrate
Court
(Tasmania)
Lower Courts
Courts of
Petty
Sessions
Civil Division
Youth Justice
& Children's
Division
Coronial
Division
Admin
Appeals
Division
Mining
Division
THE MAGISTRATE COURT (TASMANIA)
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deals with cases involving summary offenses
does not use a jury
a magistrate may hear less serious indictable offenses when the accused does not wish the matter to
go before a jury
this court will conduct committal hearings of indictable offenses where the magistrate must decide
whether or not there is a prima facie case. This process helps to keep cases that will not succeed out
of the intermediate and higher courts, reducing costs and saving court time.
The Magistrates Court of Tasmania is a statutory body created as a Court of record by the Magistrates Court
Act 1987 section 3A. There are 14 magistrates, including:
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the Chief Magistrate
the Deputy Chief Magistrate,
and the magistrates who are formally appointed by the Governor
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All magistrates exercise a state-wide jurisdiction, although 8 are based in Hobart, 3 are based in
Launceston, 2 in Devonport, and 1 in Burnie.
Magistrates also sit in 10 country courts on a regular circuit basis.
By virtue of their office, magistrates are also Justices of the Peace and Coroners.
Magistrates are legal practitioners who have at least 5 years experience as a Lawyer.
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Courts of Petty Sessions
Hears and determines simple offences, crimes triable summarily under State and Commonwealth legislation,
breaches of duty, applications under various State and Commonwealth statutes, and exercise a wide range
of appellate and review functions. Magistrates also hear simple and indictable offences in the Youth Justice
Division as well as exercising child protection responsibilities.
Civil Division
Hear and determine civil matters to a value of $50,000 or an unlimited amount with the consent of the
parties. Matters up to a value of $5,000 are dealt with as Minor Civil Claims and undergo simplified
procedures prior to, and at, hearing.
Statutory provision is also made for the Court to sit in the following Divisions:
 Coronial Division;
 Youth Justice Division;
 Children’s Division;
 Administrative Appeals Division;
 Mining Division.
Youth Justice Division
Will hear any matter when the accused is:
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less than 18 when charged, or
less than 21 years when charged for a crime committed when they were under 18
court sessions are closed and the court cannot send a juvenile to serve time in an adult prison
the focus is on rehabilitation
The Coronial Division
Jurisdiction covers:
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When the death of a person is violent or suspicious
Fires that damage property
Different powers include the seizure of property or the exhumation of a body
The Coroner is not responsible for trying people, rather they must see if there is sufficient evidence
to suggest that a criminal act has been committed, in which case the matter can be referred to a
higher court for trial
SUPREME COURT OF TASMANIA
The Supreme Court is the highest court in Tasmania and includes the trial division, Full Court and Court of
Appeal.
People accused of serious offences, such as murder, manslaughter and serious drug offences, are dealt with
in the Supreme Court after preliminary hearings have been conducted in the Magistrates’ Court. If there is a
plea of not guilty, then a jury will decide whether the defendant is guilty or not guilty.
In civil law matters the trial division hears all matters involving amounts of more than $50,000. These cases
are usually tried by a judge alone, but in some cases, at the election of a party, by a jury of seven people in a
court presided over by a judge.
There is a right of appeal in the Supreme Court from the decision of a magistrate’s court and from most
tribunals. Appeals from the decision of a Supreme Court judge and jury are usually heard by a court
consisting of three or more Supreme Court judges, called the Court of Criminal Appeal. Where a matter has
been determined by a single judge of the Supreme Court, or a judge and jury, in a civil matter, a party has a
right of appeal to a court consisting of three or more Supreme Court Judges, called the Full Court of the
Supreme Court.
Supreme Court buildings are located in Hobart, Launceston and Burnie.
THE HIGH COURT OF AUSTRALIA
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The highest court in Australia
Main jurisdiction = the Constitution
Criminal cases will only be heard on appeal
Before an appeal can go to the High Court it must be shown that it:
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relates to a matter of public importance
is required in order for justice to be served, and
is required because of confusion between earlier rulings of various courts
The Double Jeopardy rule, which means that people cannot be retired for the same crime once they
have been acquitted, is now limited to less serious crimes