The Times Australia
The Times World News

.
The Times Real Estate

.

High, Supreme, Federal, Family, County – what do all our different courts actually do?

  • Written by David Heilpern, Associate Professor and Chair of Discipline (Law), Southern Cross University

One way to understand how the courts in Australia are ranked is to imagine a pyramid and an umbrella.

Let’s start with the pyramid. Imagine three lines horizontally across the pyramid dividing it into four sections. Each section represents a court of each state or territory.

So what’s on the base of the pyramid, and what are the upper layers?

Read more: A constitutional Voice to Parliament: ensuring parliament is in charge, not the courts[1]

The Local or Magistrates Courts

The bottom section represents the local or magistrates courts. It is biggest because it deals with the vast majority of court cases in Australia.

There is a single judicial officer presiding, and no jury. The bread and butter of these courts are minor crimes such as traffic offences, lesser assaults, shoplifting and possession of prohibited drugs.

These courts also have other roles including being children’s and coroners’ courts. They also deal with less serious civil disputes, where one person or company is suing another (under certain limits; in New South Wales, for example, that limit is A$100,000).

Local courts also deal with apprehended violence and restraining orders. The maximum sentence that can be handed out by a judge in a local court is generally two years imprisonment.

The other reason the bottom section of the pyramid is biggest is because all criminal matters start in the local court. The more serious ones work their way up to the higher courts for sentence or trial.

Penrith local court is seen in a photograph.
Local courts deal with the vast majority of court cases in Australia. AAP Image/Joel Carrett

The District Court

The next section up the pyramid represents the District Court.

They deal with more serious crime such as sexual assault, major drug supply and high-level violence.

If the person on trial doesn’t plead guilty, there is a jury to determine guilt or innocence.

The district court also deals with serious civil disputes, generally where the amount is up to $750,000.

The Supreme Court

The Supreme Court is the next layer of the pyramid. It deals with the most serious civil and criminal cases, such as murder. They mostly have a jury in criminal cases.

They also deal with some specialty areas such as defamation.

The Courts of Appeal

Finally, there is the Courts of Appeal, which are part of the Supreme Court, but sit above it.

They hear appeals from lower courts, and there are usually three judges sitting on each matter.

The really interesting aspect of the pyramid is that it represents not just more seriousness and less volume as you go up, but also the appeal process.

So, if you want to appeal from the Local Court, then you go the District Court, then from the District to the Supreme Court and so on.

The “doctrine of precedent[2]” means rulings from higher courts are binding on lower ones.

The High Court and the umbrella model

But what if you want to appeal from the Court of Appeal? That’s where the umbrella comes in.

That appeal is to the High Court, which you can imagine as an umbrella that sits over each of the state or territory pyramids.

There is one High Court, based in Canberra, and its decisions are final, and binding throughout all parts of Australia.

Fun fact: up until the 1980s the highest court for Australia was in England! Called the Privy Council, it was possible to appeal from state and federal courts and let English law lords be the final decider. But Australia got rid of that system and now the highest court in the land is the High Court.

A sign reads high Court of Australia. The highest court in the land. AAP Image/Mick Tsikas

Some state-based variations

Is it all that simple? Not really.

First, in Tasmania the Australian Capital Territory and the Northern Territory there is no District Court level at all. These are small states and territories, with not enough people to necessitate this level of the pyramid.

Second, sometimes appeals jump a level. For example, they may go straight from the Local Court to the Supreme Court. And in some states, there are different names for each level. In Victoria the District Court is called the County Court, and in some places like the Northern Territory, magistrates are called judges.

Finally, there are some specialty courts like the NSW Land and Environment Court that sit at Supreme Court level.

Hang on, what about federal courts?

Just when you thought you had your pyramids in a row, along comes another complication: the federal system.

The Constitution divides up powers between the states and the Commonwealth.

The best example is family law, which is allocated to the Commonwealth and so the Federal Court system deals with divorce and related matters.

And so there is another pyramid which works across the whole country only this time it has two levels.

The lowest and biggest level is the Federal Circuit and Family Court of Australia[3], dealing mostly with family law (but also other federal matters such as immigration and welfare law).

The next level up is the Federal Court, which deals mainly with corporations law, bankruptcy and trade practices as well as hearing appeals from the lower court.

Don’t forget the umbrella, the High Court, which also hears appeals from the Federal Court.

A sign for the Owen Dixon Commonwealth Law Courts building. So many courts. AP Photo/Mark Baker

A whole myriad of tribunals

I’m sorry to have to tell you it gets even more complex from there. There are also tribunals.

Sitting beneath the state, territory and federal court systems is a whole myriad of tribunals which deal with non-criminal matters.

New South Wales, for example, has the New South Wales Civil and Administrative Tribunal (NCAT), which deals with tenancy, consumer, guardianship, strata and licensing matters. It even has its own appeal panel as well (and if people still aren’t happy, they can then appeal to the courts).

The members of the tribunal are not judicial officers and are appointed for fixed periods.

Of course, if you were to strike out centuries of history and start afresh, you would likely just have one multilayered pyramid across the country with a single tribunal at the foot, and the High Court at the top.

We can live in hope.

Read more: Why defamation suits in Australia are so ubiquitous — and difficult to defend for media organisations[4]

Read more https://theconversation.com/high-supreme-federal-family-county-what-do-all-our-different-courts-actually-do-193228

The Times Features

Why Regional Small Businesses in Bendigo Deserve Better Access to Finance in 2025

In the heart of regional Victoria, Bendigo has long stood as a beacon of innovation, resilience and community spirit. As we step further into 2025, the importance of nurturing sm...

Is It Time for a Deep Cleaning? Signs You Shouldn’t Ignore

Most people know they should visit the dentist for a regular check-up and cleaning every six months. But sometimes, a standard cleaning isn’t enough. When plaque and tartar build...

The Hidden Meaning Behind Popular Engagement Ring Cuts

When it comes to engagement rings, the cut of the diamond is not just about aesthetics. Each shape carries its own symbolism and significance, making it an important decision for...

Annual Health Exams in the Office: How They Can Reduce Sick Days and Healthcare Costs

Regular health check-ups, especially annual health exams in the office, can significantly impact the overall well-being of your workforce. A proactive approach to employee health...

Best Deals on Home Furniture Online

Key Highlights Discover the best deals on high-quality outdoor furniture online. Transform your outdoor space into a stylish and comfortable oasis. Explore a wide range of d...

Discover the Best Women's Jumpers for Every Season

Key Highlights Explore lightweight jumpers for spring and summer, ensuring breathability and ease. Wrap up warm with cozy wool jumpers for the chilly autumn and winter season...

Times Magazine

The Essential Guide to Transforming Office Spaces for Maximum Efficiency

Why Office Fitouts MatterA well-designed office can make all the difference in productivity, employee satisfaction, and client impressions. Businesses of all sizes are investing in updated office spaces to create environments that foster collaborat...

The A/B Testing Revolution: How AI Optimized Landing Pages Without Human Input

A/B testing was always integral to the web-based marketing world. Was there a button that converted better? Marketing could pit one against the other and see which option worked better. This was always through human observation, and over time, as d...

Using Countdown Timers in Email: Do They Really Increase Conversions?

In a world that's always on, where marketers are attempting to entice a subscriber and get them to convert on the same screen with one email, the power of urgency is sometimes the essential element needed. One of the most popular ways to create urg...

Types of Software Consultants

In today's technology-driven world, businesses often seek the expertise of software consultants to navigate complex software needs. There are several types of software consultants, including solution architects, project managers, and user experienc...

CWU Assistive Tech Hub is Changing Lives: Win a Free Rollator Walker This Easter!

🌟 Mobility. Independence. Community. All in One. This Easter, the CWU Assistive Tech Hub is pleased to support the Banyule community by giving away a rollator walker. The giveaway will take place during the Macleod Village Easter Egg Hunt & Ma...

"Eternal Nurture" by Cara Barilla: A Timeless Collection of Wisdom and Healing

Renowned Sydney-born author and educator Cara Barilla has released her latest book, Eternal Nurture, a profound collection of inspirational quotes designed to support mindfulness, emotional healing, and personal growth. With a deep commitment to ...

LayBy Shopping