What do the different courts do?

Ever wondered what all the different courts do, and which one is best suited for certain legal matters, well there is no need to wonder no more. In this article we will go through the different courts and the generalise matters they typically will deal with. Imagine it as a pyramid with local courts at the bottom then high court at the point. Then have little branches for more certain matters.

Local Courts

Local courts are the biggest and busiest courts amongst them all as they typically deal with majority of all matters from minor criminal matters such as traffic offences, shoplifting, lesser assaults, to less serious civil matters such as a person or business suing another (limited to A$100 000 within New South Wales). Apprehended violence and restraining orders also go through local courts.

Although local courts deal with all the above matters, the other reason that they are always busy and the biggest is all legal matters (civil and criminal) start in local courts and then work their way up to higher courts depending on the severity. It is also heard by only a magistrate with lawyers representing for the accused, with no jury.

District Court

This is where the more serious crimes such as sexual assault, high-level violence, and major drug offences are dealt with. Whilst civil matters that the amount exceeds local court limit can be trialed here up to $750 000. In the District court Judges, Barristers and juries may be present in dealing with matters, along with the accused and the accused’s lawyer.

Supreme Court

The next court is the Supreme Court. This court is split into two divisions The General Division and Court of Appeals.

General Division

General Division of the Supreme Court, here is where cases involving murder, or manslaughter are heard. They also deal with other matters such as defamation, treason and piracy. Civil matters that deal with money over A$750 000 are also heard in the Supreme Court.

Court of Appeals

The second division is the Court of Appeals. They hear matters of appeal from District Courts, Supreme Courts as well as other matters such as Land and Environment Court appeals and many other tribunals.

High Court

Lastly at the top of the hierarchy is the High Court. This is where the functions of to interpret and apply the law of Australia to cases of certain federal significance as to challenge the constitutional validity of laws and to hear the appeals.

Not all appeal matters against other tribunals are heard by the High court, but those who wish to appeal must justify and persuade the Court in a preliminary hearing that there are certain reasons to cause the appeal to be heard.

Other courts Amongst the above courts there are more specialised courts that deal with certain matters.

Family Court

The Family Court mainly deal with divorce, separation, children, and parenting arrangements. They also deal with the property and financial matters that come with separation and divorce matters.

Download Factsheet: Family Law at https://www.facs.nsw.gov.au/__data/assets/pdf_file/0010/818470/Factsheet-Family-Law-Overview.pdf

Federal Court

The Federal Court usually deals with majority civil cases and some summary and indictable criminal matters. They are able to hear and make decisions on matters such as bankruptcy, copyright, migration, privacy, consumer, workplace relations, human right, native title, intellectual property and consumer protection and several other issues relating to the previous.

Liability limited by a scheme approved under Professional Standards Legislation. This newsletter is intended to provide general information. You should obtain professional advice before you undertake any course of action.