Reasons for a Court Hierarchy - Civil

Question 1

Magistrate’s Court original civil jurisdiction

Answer 1

• Disputes below $100,000
• Anything below $10,000 is referred to arbitration.

Question 2

Magistrate’s Court appellate civil jurisdiction

Answer 2

• N/A

Question 3

County Court original civil jurisdiction

Answer 3

• Technically has unlimited jurisdiction, but is likely to hear cases such as workplace injury

Question 4

County Court appellate civil jurisdiction

Answer 4

• N/A

Question 5

Supreme Court original civil jurisdiction

Answer 5

• The trial division has unlimited jurisdiction
• The Court of Appeals has no original jurisdiction

Question 6

Supreme Court appellate civil jurisdiction

Answer 6

• The trial division will hear appeals from a VCAT member and the Magistrates Court on a point of law
• The Supreme Court of Appeals will hear appeals from VCAT presidents or vice presidents on point of law
  The Court of Appeals will also hear appeals from the county court

Question 7

High Court original civil jurisdiction

Answer 7

• N/A

Question 8

High Court appellate civil jurisdiction

Answer 8

• Appeals from the Supreme Court - Court of Appeals

Question 9

What is admin convenience?

Answer 9

• Refers to the ability of the courts to distribute resources more effectively by organising disputes according to how serious or complex they are
• How is this managed?
  
  • The superior courts, like the Supreme Court, hear more complex disputes and can therefore devote more time and resources to these longer cases
  • The lower courts, such as the Magistrates Court, can quickly resolve a large number of relatively minor disputes, minimising delays

Question 10

Strength of admin convenience

Answer 10

• Costs and times are minimised for those with less serious cases as they can be heard and determined quickly in the lower courts

Question 11

Weakness of admin convenience

Answer 11

• Bureaucratic delays can lead to significant times taken up, filling out paperwork or applying to go to the higher courts, as well as the cost involved

Question 12

What are appeals?

Answer 12

• A legal process that the dissatisfied party may pursue to have the courts decision reviewed by a higher court
• This is not an automatic right. They must have been granted leave, permission and have legal grounds

Question 13

Three grounds to appeal on

Answer 13

• Questions of law or arguing that the law has not been correctly applied
• Questions of facts or arguing that the facts of the case have been applied inappropriately
• The remedy awarded

Question 14

Strength of appeals

Answer 14

• Ensures fairness and consistency as the decision can be reviewed, ensuring participation and impartiality

Question 15

Weakness of appeals

Answer 15

• Appeals can be costly and refused, meaning that participation is limited