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.