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Australian Court System Structure

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Australian Court System Structure

Use the information and hierarchy table on this page to answer the questions. Australian court arrangements differ between states and territories, so treat the table as a simplified guide rather than a complete list of every court or jurisdiction.

A shared system of courts

Australia has federal courts and courts established by each state and territory. They hear matters within the jurisdiction given to them by legislation and the Constitution. State and territory courts hear most criminal cases and many civil disputes. Federal courts hear matters arising under federal law, such as some disputes involving corporations, migration, or federal administrative decisions. Some state and territory courts can also exercise federal jurisdiction. The High Court of Australia is the nation’s highest court. It hears certain matters in its original jurisdiction and hears appeals from other courts when it grants special leave. The Federal Court of Australia hears many federal-law matters and appeals from some federal and state courts. Each state and territory has its own court structure; a typical structure includes a Magistrates or Local Court, a District or County Court in many jurisdictions, and a Supreme Court. Names, powers and appeal pathways vary.

LEVEL / EXAMPLE

TYPICAL ROLE

IMPORTANT QUALIFICATION

Magistrates / Local Court

Often deals with less serious criminal matters and smaller civil claims.

Name, limits and processes vary by jurisdiction.

District / County Court (where established)

Often hears more serious matters than the local or magistrates court, and some appeals.

Not every state or territory has this intermediate level.

State or territory Supreme Court

A superior court in its jurisdiction; hears serious matters and appeals.

The court’s divisions and jurisdiction vary by place.

Federal Court of Australia

Hears many matters under federal law and some appeals.

It is a federal court, not a state Supreme Court.

High Court of Australia

Highest court; decides constitutional matters and some appeals.

An appeal is not automatic; special leave is generally required.

Jurisdiction in action

A court’s jurisdiction is its legal authority to hear and decide a matter. Original jurisdiction means hearing a case at first instance. Appellate jurisdiction means reviewing a decision made by another court. An appeal usually concerns an alleged legal or procedural error; it is not simply a chance to repeat a case because a party dislikes the result. The Constitution, including section 71, provides for the federal judicial power of the Commonwealth to be vested in the High Court and other federal courts created by Parliament, and in state courts invested with federal jurisdiction.

1.Which court is the highest court in Australia?

Federal Court of Australia
High Court of Australia
A state or territory Supreme Court
A District or County Court

2.True or false: Every appeal from a lower court automatically goes to the High Court.

TrueFalse

3.Complete the sentence: A court hearing a case for the first time is exercising jurisdiction.

4.Complete the sentence: A court reviewing another court’s decision is exercising jurisdiction.

5.Match each court or court group to the best description.

High Court of Australia
Federal Court of Australia
Magistrates or Local Court

Hears many matters arising under federal law
Highest court; some appeals require special leave
Often hears less serious criminal matters and smaller civil claims

6.A person is charged with a relatively minor traffic offence in Queensland. Which court level would commonly deal with it first, and why?

7.A dispute concerns the validity of a Commonwealth law under the Australian Constitution. Which court is the nation’s final authority on constitutional interpretation?

8.Section 71 of the Australian Constitution concerns the Commonwealth’s judicial power. In your own words, state one thing it provides for.

9.A business dispute arises under a Commonwealth statute. Explain why the Federal Court may be an appropriate court to consider it, while noting one limit to that conclusion.

10.An appeal argues that the trial judge applied the law incorrectly. Is this more closely connected to original or appellate jurisdiction? Give a reason.

11.Based on the information on this page, why might a case not pass through every level of the court hierarchy? Give two reasons.

12.Explain one way the court hierarchy supports fairness, and one possible drawback for a person seeking justice.

13.A classmate says, “Federal courts hear all federal-law cases, and state courts hear only state-law cases.” Correct this statement using the idea of federal jurisdiction in state courts.