court hierarchy

Question 1

victorian court hierarchy

Answer 1

the victorian court hierarchy refers to the organisation of courts from least to most superior
victorian legislation determines which disputes are resolved in each court, and the hierarchal organisation of the courts results in each court having its own jurisdiction

Question 2

jurisdiction

Answer 2

• original jurisdiction
• appellate jurisdiction

Question 3

magistrates court

Answer 3

original jurisdiction - civil claims under $100,000
- debt claims

Question 4

county court

Answer 4

original jurisdiction - unlimited cost amount (over $100,000)
- workplace injury

Question 5

supreme court - trials

Answer 5

original jurisdiction - unlimited cost amount
appellate jurisdiction - appeals from VCAT and magistrates on a question of law

Question 6

supreme court - appeals

Answer 6

appellate jurisdiction - appeals from VCAT on a question of law
- case heard by the VCAT president of VP
- appeals from the county and supreme court trial division

Question 7

high court

Answer 7

appellate jurisdiction
with permission - will hear appeals from the supreme court of appeals

Question 8

administrative convenience

Answer 8

the systematic benefit derived from legal matters being distributed amongst the courts according to their complexity and severity

Question 9

administrative convenience - supreme

Answer 9

the superior courts, such as the supreme courts, are free to devote time and resources to long, complex disputes as the court is not delayed by minor disputes
finalised over 1000 disputes in the supreme court

Question 10

administrative convenience - magistrates

Answer 10

the lower courts, such as the magistrates court, can quickly resolve a large number of relatively minor disputes, minimising delays for parties to such disputes
over 14,000 disputes were finalised in 2022 in the magistrates court

Question 11

appeals

Answer 11

a legal application that a dissatisfied party may pursue to have the court’s decision reviewed by ahigher court
applicants myst be granted leave to appeal, must have permission to appeal a case, and must have legal grounds for doing so

Question 12

grounds for appeal

Answer 12

• question of law
• question of fact
• the remedy awarded

Question 13

appeals - high court

Answer 13

the high court hears appeals from the supreme court
high court will only grant permission to hear civil appeals if there is a different question of law of public importance, or there are differing opinions in the law and it requires clarification