3.2.5 Reasons for the Victorian Court Hierarchy Flashcards
Describe the Victorian Court hierarchy
A hierarchy where all the courts are ranked in order of the complexity and severity
What are the two main reasons for a court hierarchy?
- Administrative Convenience
- Appeals
Define “Administrative Convenience”
Cases can be distributed based on their complexity and seriousness. The County and Supreme Courts can manage their time allocation easier.
What is the civil original and appellate jurisdiction of magistrate courts?
OJ: claims of up to $100,000
AJ: No appellate jurisdiction
What is the civil original and appellate jurisdiction of county courts?
OJ: Unlimited in all civil claims
AJ: No appeals unless given power under a specific Act of Parliament
Define “Appeals”
When a person is dissatisfied with a decision made they can appeal, but only if they have grounds to do so
What are the grounds in a civil case?
A point of law: where a law has not been followed in court
A question of fact: whether the facts of the case have been applied appropriately
The remedy awarded: how the court enforced a right
What if there was no court hierarchy?
A decision viewed as incorrect or unfair cannot be reviewed. A court hierarchy allows a more superior court with greater expertise to review the decision.
What is the civil original and appellate jurisdiction of the Supreme Court (Trial Division)?
OJ: Unlimited in all civil claims
AJ: On a question of law from the Magistrates’ Court and VCAT
What is the civil original and appellate jurisdiction of the Supreme Court (Court of Appeal)?
OJ: No original jurisdiction
AJ:
- All appeals from County Court and Supreme Court
- On a question of law from cases where the Chief Magistrate made the order
- On a question of law from VCAT when the President or a vice-president made the order
