Chapter 3

1. Chapter 3 The hierarchy of courts

2. Chapter overview This chapter looks at the concepts of • Court hierarchy • Types of jurisdiction • Hierarchy and jurisdiction of courts at both federal and state/territory levels • Strengths and weaknesses of courts • Alternative dispute resolution bodies and methods

3. The court hierarchy • Where disputes between two parties are tried and resolved • Ranked in a hierarchythat positions each court either above or below the other courts

4. The need for hierarchy • Operation of the doctrine of precedent • Specialisation • Appeals system

5. Types of jurisdiction • Original jurisdiction • Appellate jurisdiction • Criminal Jurisdiction • Civil Jurisdiction

6. Original jurisdiction courts • Each court in the hierarchy with original jurisdiction has power to decide upon a matter for the first time • Often called courts of first instance

7. Appellate jurisdiction • Gives courts the authority to review cases a second or third time on appeal • The party who initiates an appeal is referred to as the appellant and the opposing party as the respondent • Higher courts can reconsider the decisions of lower courts • Only court without an appellate jurisdiction is Magistrates’ Court

8. Criminal jurisdiction • Gives power to some courts to hear cases that are of a criminal nature • Courts hear summary and indictable offences relative to the ranking of their particular court within the hierarchy

9. Civil jurisdiction • Givespower to courts to hear cases which are breaches of areas of civil law such as tort, i.e. a civil wrong, and contract • Each court has a civil jurisdiction that specifies the range of damages that that particular court has the power to reward

10. The Commonwealth hierarchy of Australian courts • The High Court of Australia • Original jurisdiction • Appellate jurisdiction • The Federal Court of Australia • Original jurisdiction • Appellate jurisdiction • The Family Court of Australia • Original jurisdiction • Appellate jurisdiction

11. ... • The Federal Magistrates Court • Original jurisdiction • Concurrent jurisdiction with Family Court • Concurrent jurisdiction with the Federal Court • Appellate jurisdiction

12. The hierarchy of Australian state and territory courts • State and territory Magistrates’ Courts • Criminal jurisdiction • Civil jurisdiction • District Courts • Criminal jurisdiction • Civil jurisdiction • Appellate jurisdiction

13. ... • Supreme courts • Criminal jurisdiction • Civil jurisdiction • Appellate jurisdiction • Courts of Appeal • Other state courts

14. Cross vesting • Allows a court action to be brought in one court • Applied in situations where a civil case involves more than one jurisdiction

15. Strengths of court system • Trials • Doctrine of precedent • Community involvement • Specialisation and expertise • Appeals

16. Weaknesses of court system • Costs • Delays due to appeals • Unelected judges • Binding precedents • Rigid procedures

17. Alternative dispute resolution bodies • Federal commissions • The Australian Industrial Relations Commission • The Australian Competition and Consumer Commission • Australian Securities and Investment Commission (ASIC) • Corporate Regulator • Markets Regulator • Financial Services Regulator

18. ... • Federal tribunals • The Australian Competition Tribunal • The Administrative Appeals Tribunal • State commissions and tribunals • Industrial relations commissions • Small claims tribunals

19. Alternative dispute resolution methods • Arbitration • Mediation • Conciliation • Ombudsman

20. Legal regulatory bodies • Each state and territory has a variety of legal regulatory bodies • independent • government • Professional associations • See Table 3.6, 3.7, 3.8

21. Chapter review In this chapter you have looked at • Court hierarchy • Types of jurisdiction • Hierarchy and jurisdiction of courts at both federal and state/territory levels • Strengths and weaknesses of courts • Alternative dispute resolution bodies and methods