THE COURT SYSTEM

HIERARCHY

Structure
STATE JURISDICTION
HIGH COURT FEDERAL JURISDICTION

SUPREME COURT

FEDERAL COURT

DISTRICT COURT

FEDERAL MAGISTRATES COURT

MAGISTRATES COURT

Why a Hierarchy
Provide a system or appeals. Decisions of a lower court can be appealed and overturned by a higher court Allows for specialisation. Different courts have different jurisdictions (areas of law they can make decisions on). The Court of Appeal only hears appeals. Industrial Tribunals hear cases about employers and employees Administrative convenience. The competence of lower courts is assessed by higher courts. Resources are allocated via the hierarchy so that the court system functions

Types of Jurisdiction
Jurisdiction is the power of a court to hear and decide a case before it. Summary Jurisdiction: minor matters, not requiring a jury, that can be dealt with brevi manu (with a short hand) Original Jurisdiction: a court may hear the matter in the first instance

Appellate Jurisdiction: a court has power to hear a case on appeal from a lower court and to alter the decision

Magistrates Courts
Courts of summary jurisdiction are at the base of this hierarchy and their jurisdiction is both civil and criminal - generally hearing matters concerning small debts, small property claims and minor criminal offences.

Click here to learn more about the WA Magistrates Court that started operations on 2 May 2005

District & County Courts

The next courts in the hierarchy are called District Courts in some States and Country Courts in others. These courts have substantial, though limited civil and criminal jurisdiction. Click here to learn about the WA District Court and its civil and criminal jurisdiction

Supreme and Federal Courts

Above the District Courts are the State & Territorial Supreme Courts and the Federal Court of Australia. These courts have both original (the matter can be bought before the court in the first instance) & appellate (can be bought before the court as a result of an appeal from another court) jurisdiction.

Click here to learn more about the WA Supreme Court and its jurisdiction

High Court
The highest court in Australia is the High Court. This court also has both original & appellate jurisdiction. It also has discretionary jurisdiction (it can decide whether to hear a case or not) and to appeal to the high Court it must grant you special leave to appeal Generally the High Court has 2 functions

firstly it is of special importance where constitutional matters are an issue (it is the only court with constitutional jurisdiction) and
secondly it is Australia's general court of appeal from the Supreme Courts. Click here to learn more about the High Court

Other Judicial Bodies - Tribunals

It is important to note that each State, Territory and the Commonwealth have put in place Tribunals and various other mechanisms to handle a number of jurisdictions similar to the courts. These bodies have a range of specialist tasks, including licensing, arbitration and trying most cases where a child is charged with a crime.

Click here for a list of tribunals that have now been absorbed into the State Administrative Tribunal

Full List of WA Judicial Bodies

Supreme Court of Western Australia District Court of Western Australia Family Court of Western Australia Drug Court Liquor Licensing Court of Western Australia Magistrates Court of Western Australia Children's Court of Western Australia Office Of The State Coroner Sheriff's Office Tribunals