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The hierarchy of courts

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1 The hierarchy of courts
Chapter 3 The hierarchy of courts

2 Chapter overview This chapter looks at the concepts of 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

3 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

4 The need for hierarchy Operation of the doctrine of precedent
Specialisation Appeals system

5 Types of jurisdiction Original jurisdiction Appellate jurisdiction
Criminal Jurisdiction Civil Jurisdiction

6 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

7 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

8 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

9 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

10 The Commonwealth hierarchy of Australian courts
The High Court of Australia Original jurisdiction Appellate jurisdiction The Federal Court of Australia The Family Court of Australia

11 ... The Federal Magistrates Court
Original jurisdiction Concurrent jurisdiction with Family Court Concurrent jurisdiction with the Federal Court Appellate jurisdiction

12 The hierarchy of Australian state and territory courts
State and territory Magistrates’ Courts Criminal jurisdiction Civil jurisdiction District Courts Appellate jurisdiction

13 ... Supreme courts Courts of Appeal Other state courts
Criminal jurisdiction Civil jurisdiction Appellate jurisdiction Courts of Appeal Other state courts

14 Cross vesting Allows a court action to be brought in one court
Applied in situations where a civil case involves more than one jurisdiction

15 Strengths of court system
Trials Doctrine of precedent Community involvement Specialisation and expertise Appeals

16 Weaknesses of court system
Costs Delays due to appeals Unelected judges Binding precedents Rigid procedures

17 Alternative dispute resolution bodies
Federal commissions The Australian Industrial Relations Commission The Australian Competition and Consumer Commission Australian Securities and Investment Commission (ASIC) Corporate Regulator Markets Regulator Financial Services Regulator

18 ... Federal tribunals State commissions and tribunals
The Australian Competition Tribunal The Administrative Appeals Tribunal State commissions and tribunals Industrial relations commissions Small claims tribunals

19 Alternative dispute resolution methods
Arbitration Mediation Conciliation Ombudsman

20 Legal regulatory bodies
Each state and territory has a variety of legal regulatory bodies independent government Professional associations See Table 3.6, 3.7, 3.8

21 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


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