Australian Court Hierarchy

Question 1

Identify the courts at state level.

Answer 1

1. Supreme Court
2. District Court
3. Magistrates Court

Question 2

What are the roles of the magistrates court?

Answer 2

With no appellate jurisdiction (ability to hear appeals from lower courts because it is the lowest court), the Magistrates Court deals with adults (aged 18 over) involved in minor criminal offences.

Examples:
1. Trespassing
2. Vandalism
3. Simple assault

Question 3

What are the roles of the district court (and specialist courts such as children’s court)?

Answer 3

With appellate jurisdiction, the District Court deals with serious criminal offences.

Examples:
1. Sexual assaults
2. Burglary
3. Drug offences

Question 4

What are the roles of the supreme court?

Answer 4

With appellate jurisdiction, the Supreme Court is the State’s (WA) highest court. It is responsible for both serious criminal and civil matters, and is the State’s main appeal court.

Examples:
1. Murder
2. Kidnapping
3. Sexual offences

Question 5

Identify the courts at federal level.

Answer 5

1. Federal Court
2. Federal Circuit Court

Question 6

What are the roles of the federal circuit court?

Answer 6

The federal circuit court (including the family court) is responsible with cases of family law, migration law, and general federal law.

Question 7

What are the roles of the federal court?

Answer 7

The federal court has:

1. Jurisdiction to deal with summary (less serious) offences against a number of Commonwealth Acts.
2. Jurisdiction to deal with the two indictable offences, against: Competition and Consumer Act.
3. Jurisdiction to deal with criminal appeals.

Question 8

Identify the roles of the High Court of Australia, and the concept of judicial independence with reference to an example.

Answer 8

The High Court of Australia is responsible for the interpretation and application of the law (given by Australia’s Constitution).

1. Proceedings of the High Court involve cases of special federal significance: contract law, company law, tax law, property law.
2. Challenges to the constitutional validity of laws.
3. Dealing with appeals from Territory, State, and Federal courts are administered by the High Court of Australia.

Judicial independence upholds the rule of law, by ensuring that courts and judges are not manipulated by people of power (e.g. politicians) that want to circumvent the law.

In 2011, the High Court of Australia declared (former politician and 27th prime minister) Julia Gillard’s, ‘Malaysia Solution’ unconstitutional. Their decision was substantiated with the fact that the asylum proposal contravened section 198a of the Migration Act.