Chapter 1G: Victorian Court Hierarchy (Part 1)

Question 1

What does the Victorian court hierarchy refer to?

Answer 1

How the courts are arranged in Victoria, from least to most formal and superior

Question 2

How are the courts ranked?

Answer 2

Based on their authority to hear different types of matters, closely related to their jurisdiction

Question 3

What is a court’s jurisdiction?

Answer 3

The boundaries of power a particular court has to hear and determine disputes

Question 4

What do the lowest courts hear?

Answer 4

A high volume of less serious, less complex matters which are resolved relatively quickly

Question 5

What do the higher courts hear?

Answer 5

Fewer cases, but more complex and time consuming ones

Question 6

What is original jurisdiction?

Answer 6

The court’s power to hear a case at first instance, when the case has never been heard in any other court before

Question 7

What is appellate jurisdiction?

Answer 7

A court’s power to hear a case on appeal, once a case has already been tried and a party seeks a review of some aspect of the decision

Question 8

What is criminal and civil jurisdiction?

Answer 8

Criminal = A court's power to hear criminal matters
Civil = A court's power to hear civil matters

Question 9

What is the court hierarchy in Victoria, in order from least superior to most?

Answer 9

Magistrates Court, County Court, Supreme Court (Trial Division), Supreme Court (Court of Appeal), High Court of Australia

Question 10

What are the two divisions the Supreme Court?

Answer 10

Trial Division and Court of Appeal

Question 11

What is the criminal original jurisdiction for the Magistrates court?

Answer 11

Summary offences (speeding, petty theft), indictable offences tried summarily, pre-trial hearings (committal proceedings, bail hearings)

Question 12

What is the civil original jurisdiction for the Magistrates court?

Answer 12

Claims up to $100,000, such as negligence claims and contract disputes

Question 13

What are the appellate jurisdictions for the Magistrates court and County Court (Civil)?

Answer 13

There are no appellate jurisdictions

Question 14

What is the criminal original jurisdiction for the County Court?

Answer 14

Trials for most indictable offences, such as rape, armed robbery, manslaughter

Question 15

What is the civil original jurisdiction for the County Court?

Answer 15

Unlimited claims, generally greater than $100,000, such as defamation claims and workplace injury claims

Question 16

What is the criminal appellate jurisdiction for the County Court?

Answer 16

Appeals from the Magistrates Court by offenders appealing against the conviction as a question of fact or on the sanction imposed

Question 17

What are the original jurisdictions for the Supreme Court (Court of Appeal)?

Answer 17

There are no criminal jurisdictions

Question 18

What are the appellate jurisdictions for the Supreme Court (Court of Appeal)

Answer 18

Criminal and civil appeals from the County Court and Supreme Court (Trial Division)