Court Structure
- Court is a place where disputes can be resolved relating to law.
- Local Court
- District Court
- Supreme Court
- High Court
Court Hierarchy
- Court hierarchy relates to the seriousness of the offence.
- The higher courts, which hear the most serious matters, are at the top of the hierarchy, and the lower courts, which hear less serious matters, are at the bottom of the hierarchy.
- If either side is unhappy with the verdict and ruling, they can appeal to a higher court.
Local Court
- There are over 160 Local Courts in New South Wales.
- In local court, the magistrate decides the outcome (i.e guilty or not guilty), not the jury and sets punishment.
- Magistrates are qualified legal practitioners who have many years of experience in dealing with legal matters.
A magistrate can:
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hear bail applications
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issue arrest warrants and search warrants
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hear Applications for Apprehended Violence Orders (AVO)
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The Local Court deals with minor civil disputes (eg. drink driving, suing for property damage or for injury claims of up to $100,000)
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This court also hears minor criminal matters, such as stealing, drink-driving, assault, possession of drugs and indecent language.
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Two other specialist courts on the same bottom level are Coroner’s Court (investigates deaths by unnatural causes), Children’s Court (for persons who have committed offences under 18 years old and is closed to the public and the media.)
District Court (Middle court)
- Located in Sydney and in larger regional centres.
- The cases are decided by the Judge with some rare cases where the jury might decide the outcome.
- It is suitable for claims 750K and deals with more serious criminal matters (eg. armed robbery, burglary and rape).
- This court hears appeals from the Local Court.
Supreme Court
- The Supreme Court is the highest court in NSW.
- The Supreme Court is located in Sydney and headed by the Chief Justice.
- It deals with very serious criminal matters like murder, and for claims greater than $750K.
- Appeals from the District Court will be heard in Supreme Court.
- The judgements of the Supreme Court are binding (compulsory) on all lower courts. The Supreme Court can impose a wide range of sentences.
High Court
- Located in Canberra, the High Court deals with appeals from the state or territory Supreme Courts.
- This court has the highest authority over other courts in Australia.
- The decisions made by this court are final and applicable to the whole country.
- It also hears cases concerning the interpretation of the Australian Constitution.
- The High Court consists of seven judges: the Chief Justice and six Justices.
- The most important cases are normally determined by all seven Justices, while other cases are dealt with by at least two Justices.
- No jury is used in the High Court.