Australian Court Hierarchy

There are two broad levels within the hierarchy of Australian courts, the federal level and the state and territory level.

Federal courts

These courts among them have jurisdiction over commonwealth law, that is, law made by the federal parliament of Australia.

High Court of Australia

The High Court is the highest court in Australia. It was created by section 71 of the Constitution. It has appellate jurisdiction over all other courts. It also has some original jurisdiction, and has the power of constitutional review. Prior to 1986, when the Australia Acts were passed, a route of appeal lay from the High Court to the Judicial Committee of the Privy Council in the United Kingdom.

Federal Court of Australia

The Federal Court has some original and appellate federal jurisdiction.

Family Court of Australia

The Family Court, established in 1975, has jurisdiction over family law matters.

Federal Magistrates' Court

The Federal Magistrates Court was established in 1999 to ease the large caseload on the Federal Court.

Administrative Appeals Tribunal

The Administrative appeals Tribunal was established in 1975. Strictly speaking it is not a court, but a method of reveiw. Its responsibility is to hear appleals against administrative decissions of the Commonwealth Government and its departments.

State and territory courts

Each state has a court heirachy of its own, with the juristictions of each court varying from state-to-state.

Court of Appeal (Supreme Court)

Supreme Court

County Court

Alternatively known as the District Court in some states.

Magistrates' Court

The Magistrates Court tries the overwhelming majority of cases. It tries almost all criminal cases that do not require a jury and civil cases under $20,000. It also tries commital proceedings, which determine if a case is to be heard by a jury. In the court hierarchy it is right at the bottom.

Other courts

 

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