Australia Yearbook - 2001

Chapter 11—Crime and justice 463
Courts
Courts exist in all Australian States and Territories
for the hearing of both criminal and civil cases. A
criminal case arises from a charge laid by police
or other prosecuting authorities, and is an
allegation of a breach of the criminal law. A civil
case, by contrast, is a dispute between two or
more individuals or corporations, in which one
side is seeking a legal remedy for an injury or loss
from the other party who is alleged to be liable.
The courts are arranged in a hierarchy, with the
bulk of less serious matters being heard before
magistrates and more serious matters being
heard before judges. In the civil context, the
seriousness of a case is usually determined
through the amount of money sought in
compensation, while for criminal matters
seriousness is determined by the nature of the
offence alleged. Figure 11.20 illustrates the
arrangement of the court system in Australia.
11.20 HIERARCHY OF COURTS
High Court of Australia
Full Court of
Federal Court
All ACT Supreme
Court appeals
Court of Appeal
of NT Supreme
Court
Full Court/Court
of Appeal of
State Supreme
Courts
Full Court of
Family Court
Federal Court
Territory
Supreme Courts
State Supreme
Courts
Family Court of
Australia
(Except WA)
Higher courts
Lower courts
Federal
Magistrate's
Court
Territory
Magistrates'
Courts (incl.
Coroner's Court)
State
District/County
Courts
State Magistrates' Courts
(may exercise federal
family laws)(a)
All other
States
WA Family
Court
Federal
Tribunals(b)
Territory
Tribunals(b)
State
Tribunals(b)
Coroners'
Courts
(some
independent)
Electronic
courts
Federal
Territory
State
The administration of these courts is covered by the Review.
Arrows indicate the flow of cases on appeal.
Indicates a separation between State/Territory or court jurisdiction.
(a) Appeals from lower courts in NSW go directly to the Court of Appeal in the NSW Supreme Court.
(b) Federal, State and Territory tribunals, while subordinate to their respective Federal Court or Magistrate’s
Court, may appeal to any higher court in the federal, State or Territory jurisdiction.
Source: Steering Committee for the Review of Commonwealth/State Service Provision, Report on
Government Services 2000.