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 ________________ 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 ______________________________