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