THE CIVIL JURISDICTION OF COURTS IN THE VICTORIAN COURT HIERARCHY AOS 2 Flashcards
Court hierarchy, top to bottom
Children's, magistrates, coroners County Supreme trial division Supreme Court of appeal High court
Magistrates court original jurisdiction and arbitration
Minor civil disputes of up to $100000 are heard in the Magistrates’ Court. That means that the Magistrates’ Court is not able to award damages greater than $100000 to the plaintiff, who will have to file the claim in a higher court (the County Court or Supreme Court) to seek an amount greater than that.
When the amount sought in civil damages is less than $10000, the Magistrates’ Court must refer the matter to arbitration. Arbitration is a more informal hearing in which a third party (the registrar or a magistrate) will listen to both sides of a dispute and make a decision on behalf of the parties. The decision is binding on the parties. Legal representation is allowed in these proceedings.
Magistrates court appellate jurisdiction
As the Magistrates’ Court is the lowest court in the Victorian court hierarchy, it has no appellate jurisdiction. That means it is not able to hear any appeals from other courts.
Children’s court original jurisdiction
The Family Division of the Children’s Court hears a range of applications and makes a variety of orders in relation to the protection and care of any person under the age of 17 years. The Family Division also has jurisdiction to hear applications for intervention orders under the Crimes (Family Violence) Act 1987 and the stalking provisions of the Crimes Act 1958 where either party is under the age of 17 years.
Children’s court appellate jurisdiction
The Children’s Court is a specialised court dealing with matters relating to children, and therefore has no appellate jurisdiction.
County court original jurisdiction
The jurisdiction of the County Court for civil claims is unlimited. Litigants can choose to have their case heard in either the County Court or the Supreme Court. In civil cases, they have a choice of trial by a judge alone or by a judge and jury (six jurors). Most cases would be heard in the County Court because it would be more expensive to take a case to the Supreme Court; though many of the more complex cases are heard in the Supreme Court.
County court appellate jurisdiction
The County Court does not have the jurisdiction to hear appeals in civil matters except where an Act specifically provides for appeals to be heard in the County Court.
Supreme trials division original jurisdiction
The Trial Division’s jurisdiction for civil claims is unlimited. As in the County Court, a jury of six is optional in civil cases. The Supreme Court is used for many complex and large civil disputes, such as class actions, matters involving complex areas of law, and disputes between large corporations. Class actions (also known as group proceedings) are cases that are usually brought by one individual on behalf of a group of people who have suffered similar injuries caused by the same individual or group; for example, over 1000 people suffering from salmonella poisoning as a result of eating contaminated peanut butter.
Court of appeal
The Court of Appeal, in its original jurisdiction, hears appeals from the County Court or Supreme Court on points of law, questions of fact or the amount of damages awarded. It also hears appeals from the president and vice-president of the Victorian Civil and Administrative Tribunal (VCAT).
An appeal on a question of fact in a civil case would look at whether the facts of the case had been applied appropriately to reach the decision which was given – either that the defendant was in the wrong or was not in the wrong.
High court original jurisdiction
The most important role of the High Court in its original jurisdiction is to hear disputes that arise between states and cases that require interpretation of the Constitution. The High Court hears federal law matters arising out of a treaty and where the Commonwealth Parliament is a party.
High court appellate jurisdiction
The High Court is a federal court that hears state matters on appeal. It is the highest court of appeal for all Australian states and hears appeals on questions of law and in the interests of the administration of justice. A person who wishes to appeal to the High Court must seek leave to appeal from the High Court. There is no right to appeal to the High Court. Leave is only granted if it is seen that there has been an obvious injustice or the issue is particularly important to the wider community. Decisions of the High Court are binding on all courts throughout Australia.
Appeals against the decisions of the supreme courts of states and territories, the Federal Court of Australia and the Family Court of Australia are heard by the Full Court of the High Court, which consists of at least two justices. The Full Bench of the High Court (with five to seven justices) hears cases where the court may be invited to depart from one of its previous decisions, or where the court considers the principle of law to be of major importance.
