1. County & Supreme Courts Jurisdiction
Unit 4 Legal Studies
AOS 1- Dispute resolution

2. Victorian Court Hierarchy
FEDERAL COURTS
Family Court
STATE COURTS
Coroner’s Court
Children’s Court

3. COUNTY COURT

4. 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 __________________

5. 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

6. Original CIVIL jurisdiction

7. 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 ___________

8. Original CRIMINAL jurisdiction

9. 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.

10. 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.

11. Appellate jurisdiction (What cases can the County court hear that have been ___________________)

12. 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.

13. 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 _______________________

14. 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)

15. County Court Review

16. SUPREME COURT

17. 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.

18. 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.

19. TRIAL DIVISION

20. Original CIVIL jurisdiction

21. 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 ______________

22. Original CRIMINAL jurisdiction

23. Criminal Jurisdiction
Hears the ________________ criminal cases (indictable offences)
Murder, manslaughter, treason, defensive homicide.
Heard by Justice of Supreme Court and a jury of ____________

24. Appellate jurisdiction (What cases can the Supreme Court hear that have been appealed from another court?)

25. 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 _________________

26. 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

27. 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)

28. What is a point of law appeal?

29. COURT OF APPEAL (CoA)

30. 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
___________________________________

31. Function of the CoA Hears criminal and civil appeals.
___________________________, only hears appeals.

32. 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

33. 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

34. 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
______________________________