Chapter 7.3

Question 1

reasons to have a court hierarchy to resolve civil disputes

Answer 1

• ensure administrative convenience
• allow for appeals to be made.

Question 2

Administrative convenience

Answer 2

A court hierarchy allows cases to be distributed based on their seriousness and complexity. Less serious cases, such as minor civil disputes (claims of $100,000 or less), are heard in lower courts like the Magistrates’ Court, where they are resolved more quickly and cheaply. This helps prevent delays in higher courts, which handle more serious and complex cases, such as those heard in the County Court or Supreme Court. The Supreme Court typically deals with large, complex cases, especially those that require specialized legal attention, like complicated construction disputes.

Question 2

Appeals

Answer 2

In civil trials, a dissatisfied party can appeal to a higher court if there are valid grounds, such as - incorrect application of the law, - misinterpretation of facts,
- or an inappropriate remedy awarded.
A court hierarchy allows for these appeals to be reviewed by a superior court, ensuring errors can be corrected. Most civil appeals require leave (court approval), which is granted if there’s a reasonable chance of success. Appeals may be decided “on the papers” without a formal hearing, helping to reduce time, costs, and stress in the process.

Question 3

strengths of the court hierarchy

Answer 3

• A court hierarchy allows courts to adopt
  different processes and use their resources
  in a way that ensures cases can be resolved
  efficiently. For example, given the volume of
  smaller cases heard in the Magistrates’ Court,
  there are more magistrates, and more court
  venues.
• A court hierarchy allows appeals to be made
  by both parties if there is an error in the
  original decision.

Question 4

weakness of court hierarchy

Answer 4

• The different courts may be confusing for
  people who do not understand the civil justice
  system. This can be particularly so where
  there are overlapping jurisdictions (e.g.
  County Court and Supreme Court) or for self represented parties.
• There is no automatic right to appeal, and
  appeal processes are difficult to understand
  without a lawyer, particularly as there is
  generally the need to establish grounds for
  appeal.