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Australia's judiciary comprises judges who sit in federal courts and the courts of states and territories. The court hierarchy in each state and territory in Australia varies, with each state and territory having its own laws and court system. The High Court of Australia is the highest court in the Australian judicial system, with appellate jurisdiction over all other courts. Each state (except Tasmania) has three levels of courts of general jurisdiction: the state Supreme Court, the District Court, and the Local Court.
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What You'll Learn
State court independence
Australia's judiciary is independent of the other arms of government, as per the country's constitution. The separation of powers doctrine ensures that judicial officers interpret and apply the law independently and without interference from the parliament or the executive.
However, the Chief Justice of NSW, Tom Bathurst, argued in 2013 that Australian courts are not entirely independent of the executive and parliament. He noted that judges are appointed and can be removed by the executive, and that courts are funded by the executive. There have been instances of executive interference in the judiciary, such as the rebuke of County Court of Victoria judge Len Stretton for his comments on the treatment of people in emergency housing camps.
The independence of the judiciary is a fundamental aspect of law and governance in Australia, and it is widely endorsed. However, it faces threats from various fronts, including politics, judicial selection, extra-judicial activities, social media, and the war on terror. Judicial independence has two dimensions: independence from the state apparatus and impartiality towards the parties at issue.
State courts in Australia have their own laws and court systems, which include Supreme Courts, District Courts, Family Courts, Children's Courts, and Coroner's Courts. They interpret and apply the laws enacted by the state parliament, and their decisions form part of the "common law". The High Court of Australia has acknowledged that state courts are repositories of federal judicial power, and this gives rise to the requirement to maintain their institutional independence.
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State court hierarchy
The Australian judiciary is made up of judges who sit in federal courts and the courts of states and territories. The High Court of Australia is the highest court in the Australian judicial hierarchy. It was created by Section 71 of the Constitution and has appellate jurisdiction over all other courts. It also has original jurisdiction in certain matters, including the power of judicial review. The High Court has paramountcy over all federal courts and a general power of appeal from the Supreme Courts of the States.
The Supreme Courts of the States and Territories are superior courts of record with general and unlimited jurisdiction within their respective jurisdictions. They form part of the common law, which is a body of decisions made by courts in the absence of legislation. The Federal Court of Australia, created in 1976, is a superior court of limited jurisdiction, below the High Court in the hierarchy of federal courts. It has jurisdiction over almost all civil matters and a range of corporate criminal matters arising under Australian federal law.
Below the superior courts are inferior courts, which include the magistrates' and district courts of each state. These courts have jurisdiction conferred by statute and are subject to judicial review by a single judge of a superior court. An example of an intermediate court is the District Court of Western Australia, which deals with serious criminal offences.
Each state and territory has its own laws and court system. For example, in Western Australia, the Family Court of Western Australia has jurisdiction over family law matters, while in other states, these matters are heard by the Federal Circuit and Family Court of Australia.
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State court jurisdiction
The Supreme Courts of the states and territories are considered superior courts with general and unlimited jurisdiction within their respective states or territories. They are the highest state courts and deal with a wide range of cases, including serious criminal matters and civil claims above a certain monetary threshold. For example, in New South Wales, the Supreme Court handles civil claims over $750,000 and serious criminal cases. The Supreme Court of Appeal hears appeals from the Supreme Court and other lower courts, and its decisions can be appealed to the High Court of Australia.
Below the Supreme Court are intermediate courts such as the District Court or County Court, which handle less serious criminal offences and civil claims within a specified monetary range. For instance, the District Court in New South Wales deals with civil claims between $100,000 and $750,000. These intermediate courts also determine appeals from lower courts, such as the Local Court.
The Local Court, also known as the Magistrates Court, is the lowest level of the state court system. It handles criminal summary offences and civil matters up to a certain monetary value, such as $100,000 in New South Wales. These courts do not typically have appellate jurisdiction, and their decisions can be appealed to higher courts.
Some state courts have specialised jurisdictions, such as the Children's Court, which deals with offences allegedly committed by children, or the Land and Environment Court, which specialises in planning and environmental law. These courts have a narrower range of topics they address compared to general jurisdiction courts like the Supreme Court.
Additionally, state courts in Australia can also have federal jurisdiction vested in them, allowing them to hear matters related to federal law. The High Court of Australia, established by the Constitution, sits at the apex of the court hierarchy and can hear appeals from both federal and state law matters.
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State court appeals
Australia's judiciary is independent of the other arms of government. The separation of powers doctrine means that in interpreting and applying the law, judicial officers act independently and without interference from parliament or the executive. Each state and territory has its own laws and court system.
The High Court of Australia is the highest court in the Australian judicial system. It hears matters involving disputes about the meaning of the Constitution, as well as final appeals in civil and criminal matters from all courts in Australia. The jurisdiction of the High Court to hear appeals from the Federal Court is prescribed in section 33 of the Federal Court of Australia Act 1976. A party may apply to the High Court for permission (called 'special leave') to appeal, but this is only granted in special cases.
The Federal Court of Australia was created by the Federal Court of Australia Act 1976 as a superior court of record and a court of law and equity. It sits in all capital cities and elsewhere in Australia when necessary. The Court has jurisdiction in relation to almost all civil matters and a range of summary and indictable corporate criminal matters arising under Australian federal law. The Court deals with cases in relation to admiralty, bankruptcy, competition, consumer protection, corporations, defamation, human rights and anti-discrimination, industrial and employment, intellectual property, taxation and native title.
The Federal Court of Australia Act 1976 also gives the Court jurisdiction to hear and determine appeals from judgments of the Supreme Court of a Territory (other than the Australian Capital Territory or the Northern Territory). In such cases as are provided by any other Act, the Court also has jurisdiction to hear appeals from judgments of a court (other than a Full Court of the Supreme Court) of a State, the Australian Capital Territory or the Northern Territory, exercising federal jurisdiction. The circumstances in which the Federal Court may hear appeals from other courts depend on the provisions of the relevant legislation.
The Federal Circuit and Family Court of Australia deals with both family law and general law matters. It will hear less complex family law matters and disputes in administrative law, admiralty law, bankruptcy, copyright, human rights, industrial law, migration, privacy and trade practices. Appeals from a judgment of a Judge of the Federal Circuit and Family Court of Australia will be heard by a single judge unless a judge considers that it is appropriate for the appeal to be heard by a Full Court.
Appeals can be costly. A filing fee is required when filing a notice of appeal, and a separate 'setting down' fee. If the appeal is lost, the appellant will probably be ordered to pay the other party's legal costs. It is therefore important to get legal advice on whether there are valid grounds on which to appeal.
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State court judges
Each state and territory has its own court hierarchy, with varying jurisdictions for each court. However, all states and territories have a supreme court, which is a superior court of record and is the highest court within that state or territory. The Supreme Courts of the States and Territories are superior courts of record with general and unlimited jurisdiction within their respective states or territories. They are considered to be ''superior' courts, while the magistrates' and district (or county) courts of each state are considered 'inferior' courts.
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Frequently asked questions
State courts in Australia are part of the judiciary system and are responsible for interpreting and applying the laws enacted by Parliament. Each state has its own laws and court system.
The hierarchy of state courts in Australia typically includes the Supreme Court, the District Court (or County Court), and the Local Court. The Supreme Court is the highest court within a state and hears civil and serious criminal matters. The District Court deals with less serious criminal offences and civil claims, while the Local Court handles criminal summary offences and lower-value civil claims.
Federal courts in Australia deal with matters governed by federal laws, while state courts handle issues specific to their respective states. The High Court of Australia is the highest court in the country and hears appeals from both state and federal courts. Federal jurisdiction can also be vested in state courts in certain cases.
