4.1.2 Jurisdiction Flashcards
Original Jurisdiction:
The power or authority given to a court to hear a case at first instance
Appellate Jurisdiction:
The power or authority given to a court to hear cases on appeal from lower courts.
Magistrates Court OJ Civil:
Up to $100,000
Magistrates Court OJ Criminal:
- Summary Offences (e.g. Traffic offences)
- Indictable Offences heard summarily (e.g. Robbery)
- Committal hearings
Magistrates Court AJ:
None
County Court OJ Civil:
Unlimited
County Court OJ Criminal:
All indictable offences except those reserved for the Supreme Court (e.g. Armed robbery, rape)
County Court AJ Civil:
None, except where provided by statute
County Court AJ Criminal:
From Magistrate’s Court and Children’s Court on convictions and sentences
Supreme Court (Trial Division) OJ Civil:
Unlimited
Supreme Court (Trial Division) OJ Criminal:
Most serious indictable offences E.g. Murder
Supreme Court (Trial Division) AJ Civil:
From Magistrates’ Court and VCAT on points of law
Supreme Court (Trial Division) AJ Criminal:
From Magistrates Court on points of law
Supreme Court (Court of Appeals) OJ:
None
Supreme Court (Court of Appeals) AJ Civil:
From County Court, single judge of Supreme Court and VCAT (where constituted by president or vice president) on points of law, questions of fact and amount of damages.
Supreme Court (Court of Appeals) AJ Criminal:
From County Court and single judges of Supreme Court on points of law, conviction or sentence.