2- Court Jurisdictions

Question 1

What is the original criminal jurisdiction of the magistrates’ court?

Answer 1

Summary offences

• shoplifting
• traffic-related

Indictable offences (heard summarily)

• minor assault
• theft

Can also conduct committal proceedings.

Question 2

What is the original criminal jurisdiction of the county court? Provide 3 examples.

Answer 2

Most indictable offences:

• drug trafficking
• sexual offences
• serious assault

Question 3

What is the original criminal jurisdiction of the Supreme Court (trial division)? Provide 3 examples.

Answer 3

Serious indictable offences:

• murder
• manslaughter
• treason

Question 4

What are the original criminal and civil jurisdictions of the Supreme Court (Court of Appeal)?

Answer 4

The Court of Appeal has no original criminal or civil jurisdictions.

Question 5

What is the original civil jurisdiction of the magistrates’ court?

Answer 5

Cases in which $100,000 or less is claimed for either personal or property claims.

Matters less than $10,000 are referred to arbitration.

Question 7

What is the original civil jurisdiction of the county court?

Answer 7

All civil claims of an unlimited amount of damages (greater than $100,000).

Question 8

What is the original civil jurisdiction of the Supreme Court (trial division)?

Answer 8

Hears cases of unlimited amounts of damages.

Question 9

What is the appellate criminal and civil jurisdictions of the magistrates’ court?

Answer 9

The Magistrates’ Court has no appellate criminal or civil jurisdictions.

Question 10

What is the appellate criminal jurisdiction of the county court?

Answer 10

The County Court hears appeals from:

• The Magistrates’ Court against a conviction / sentence
• The Children’s Court against a sentence

Question 10

What is the appellate criminal jurisdiction of the Supreme Court (trial division)?

Answer 10

Trial Division hears appeals from:

• the Magistrates’ Court on points of law
• the Children’s Court on points of law

Question 11

What is the appellate criminal jurisdiction of the Supreme Court (Court of Appeal)?

Answer 11

The Court of Appeal hears appeals from:

• the County Court on a point of law, conviction or sanction
• the Supreme Court on a point of law, conviction or sanction

Question 12

What is the appellate civil jurisdiction of the county court?

Answer 12

The county Court has no appellate civil jurisdiction.

Question 13

What is the appellate civil jurisdiction of the Supreme Court (trial division)?

Answer 13

Trial Division hears appeals from:

• the Magistrates’ Court on points of law
• VCAT on points of law

Question 14

What is the appellate civil jurisdiction of the Supreme Court (Court of Appeal)?

Answer 14

The Court of Appeals hears appeals from:

• the County Court on a point of law, question of fact, or damages
• the Supreme Court (Trial Div.) on a point of law, question of fact, or damages
• VCAT on a point of law, question of fact, or damages.