Australian legal system Flashcards
Magistrates’ Court
criminal original jurisdiction
hears summary offences (traffic offences) and indictable offences heard summarily (theft less than $100,000)
civil original jurisdiction
hears civil matters up to $100,000 (debts, breach of contract, damage to property)
no appellate jurisdiction
County Court
criminal original jurisdiction
hears the all indictable offences other than the most serious, such as culpable driving, robbery, armed robbery, and rape.
civil original jurisdiction
hears civil cases involving an unlimited amount of money
criminal appellate jurisdiction
hears appeals against conviction or sentence in a criminal matter that was heard in the magistrate court
no civil appellate jurisdiction
Supreme Court Trial Division
criminal original jurisdiction
will hear the most serious indictable cases (murder, manslaughter, attempted murder, child homicide, infanticide, drug trafficking in commercial quantities)\
civil original jurisdiction
the civil actions for unlimited amounts involving complex legal issues
criminal and civil appellate jurisdiction
hears appeals from magistrate court on point of law
Supreme Court of Appeal
criminal appellate jurisdiction
hears appeal from county and supreme court trial division on conviction, sentence and points of law
civil appellate jurisdiction
appeal from county and supreme court trial division on division liability and remedy
no original jurisdiction
High Court of Australia
civil original jurisdiction
Hears disputes between the states, or where the Commonwealth is a party and Constitutional Interpretation or involving the Constitution
Appellate Jurisdiction (civil and criminal) Must be granted leave to appeal from a State Supreme Court of Appeal
no criminal original jurisdiction
Children’s Court
Criminal Original Jurisdiction
All offences committed by children between 10 and 17 years of age (except for certain types of offences such as homicidal offences)
no civil original jurisdiction or appellate jurisdiction
original jurisdiction
the power of the courts to hear a case for the first time
appellate jurisdiction
the power of the court to hear a case on appeal.
koori court
sentence for all offences dealt with in the criminal jurisdiction of the County Court except for sexual offences or family violence