DP5 Reasons for a Court Hierarchy

Question 1

What is administrative convenience?

Answer 1

Allows cases to be distributed according to complexity and seriousness.

Question 2

How does administrative convenience support the use of a court hierarchy?

Answer 2

Courts are arranged in a hierarchy to enable efficiency in the court system. With a court hierarchy, courts can manage resources more effectively, where larger, more complex disputes can be heard in higher courts, as they take more time. Meanwhile, smaller disputes can be heard more quickly in lower courts, of which they are many of.
If there was no court hierarchy, it could be difficult for the justice system to allocate resources effectively, as it would take longer if all cases were heard in the same court, creating delays and limiting the principle of access.

Question 3

Examples of administrative convenience:

Answer 3

• County and Supreme courts fitted with jury boxes, rooms for jury deliberation
• Magistrates’ court hears high volume of cases (less than $100,000)
• Frees up resources of higher courts to hear larger, more complex issues
• More Magistrates’ courts across Victoria

Question 4

What are appeals?

Answer 4

If there are grounds for appeal, a party which is dissatisfied with a decision in a civil case can take the matter to a higher court to challenge the decision.

Question 5

Why are appeals a reason for a court hierarchy?

Answer 5

If there are no higher courts, there is no system of appeals. This results in no ability to challenge in a higher court, creating unfairness and disparity in the civil justice system.

Question 6

What is the appellate jurisdiction of the supreme court of appeal?

Answer 6

• From the County or Supreme court (trial division)
• From VCAT if decision was made by president or vice president (on question of law)
• On question of law from Magistrates’ court where Chief Magistrate made the order

Question 7

What is the appellate jurisdiction of the Supreme Court Trial Division?

Answer 7

• Appeals from the Magistrates’ Court on point of law
• Most appeals from VCAT on question of law

Question 8

What is the appellate jurisdiction of the County Court?

Answer 8

No appeals, unless given power under Act of Parliament

Question 9

What is the appellate jurisdiction of the Magistrates’ Court?

Answer 9

No appellate jurisdiction, as it is the lowest in the hierarchy

Question 10

What is the original jurisdiction of the Supreme Court of Appeal?

Answer 10

None, highest and only hears appeals.

Question 11

What is the original jurisdiction of the Supreme Court Trial Division?

Answer 11

Unlimited in all civil claims.

Question 12

What is the original jurisdiction of the County Court?

Answer 12

Unlimited in all civil claims.

Question 13

What is the original jurisdiction of the Magitrates’ Court?

Answer 13

Claims of up to $100,000

Question 14

What are the strengths of the court hierarchy for appeals?

Answer 14

Enables appeals, contributing to fairness are incorrect or unjust outcomes can be reviewed and overturned

Question 15

What are the strengths of the court hierarchy for administrative convenience?

Answer 15

• Assists in efficiency of justice system.
• Reduces delays for parties waiting to have case heard
• Enables engagement and participation in case (fairness and access)

Question 16

What are the limitations of a court hierarchy for appeals?

Answer 16

• Lack of finality in decisions as appeals can occur (may prolong stress or inconvenience for parties, infringing access)
• Appealing may be difficult for the other party, as it increases their legal costs to defend the appeal.

Question 17

What are the limitations of a court hierarchy for administrative convenience?

Answer 17

Argued having one court to hear all cases makes sit easier to navigate and engage with the justice system (access).