The Australian court system is organized in a hierarchy with the High Court at the top hearing appeals from state Supreme Courts and constitutional issues. Below this are the Supreme Courts which handle serious criminal cases like murder and large civil claims. Next are the County Courts which hear serious criminal matters and civil injury claims. The Magistrates' Court is the lowest court dealing with minor offenses and civil claims under $100,000 as well as committal hearings for more serious crimes.

1. OUR COURT SYSTEM

2. OUR COURT SYSTEM
• Our legal system is made up of many different courts, which are arranged in
levels in order of importance (a hierarchy). 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.

3. LEARNING INTENTIONS
• What we are learning?
• The court hierarchy in Australia
• Why are we learning it?
• So we know where, how and why different crimes and issues are dealt with in
the Australian Legal System.
• How do we know if we have learnt it?
• I can easily identify what court would hear different crimes and disputes.

4. GLOSSARY
• appeal an application for a legal decision to be reviewed in a higher court
• verdict the outcome of a legal case decided by the jury or, if no jury is
present, by the judge
• preside to act as the person in control (e.g. as chair of a meeting)
• committal hearing a hearing in the Magistrates' Court to decide whether
there is enough evidence to send a person to trial on an indictable (serious)
offence

7. THE HIGH COURT
• Located in Canberra, the High Court of Australia deals with appeals from the
state or territory Supreme Courts. It also hears cases concerning the
interpretation of the Australian Constitution. It is the highest court in Australia;
its decisions are final. The High Court is a federal court, which means that any
decision it makes applies to the whole country. No jury is used in High Court
cases.

8. THE SUPREME COURT OF VICTORIA
• The Supreme Court is the highest court in a state. The most serious criminal
cases such as murder are heard in this court. As well, it deals with the most
serious civil cases involving large sums of money. A jury will often be used in
the Supreme Court. The Supreme Court also deals with appeals from the two
lower courts.

9. THE COUNTY COURT OF VICTORIA
• In a County Court, cases are heard by judges dealing with more serious civil
cases, serious criminal matters such as armed robbery, rape and burglary,
and unlimited claims involving personal injury. There is no monetary limit for
civil disputes. The County Court also hears appeals from the Magistrates’
Court. In some cases a jury will decide whether the accused is guilty or not. If
the accused is found guilty, the judge will decide on an appropriate
sentence.

10. MAGISTRATES’ COURT
• Magistrates’ Courts hear about 90 per cent of all civil and criminal cases. There is no
jury. A magistrate hears the cases, decides the verdict and sets any punishment.
Magistrates are qualified and experienced legal practitioners.
• The Magistrates’ Court deals with minor civil disputes such as people who sue other
people for damage to property or for injury claims of up to $100 000. This court also
hears minor criminal matters such as stealing, drink-driving, indecent language and
assault charges.
• A magistrate presides over committal hearings dealing with major criminal offences
such as armed robbery, manslaughter and homicide to decide whether there is
enough evidence for the case to go to trial in a higher court.
• The other special courts at the level of the Magistrates’ Court are the Children's
Court for cases involving children under 18, the Koori Court for Indigenous people
and the Coroner's Court, which investigates accidental deaths, suspicious deaths
and arson.

11. QUESTIONS
1. List the different levels in the court system from the highest court to the lowest
court..
2. What is a court hierarchy?.
3. Which courts do not use juries?
4. Do you think that the court hierarchy is necessary? Explain..
5. In which court are the following likely to be heard?
a) A murder trial.
b) An appeal from the Victorian Supreme Court.
c) A minor traffic offence.
d) An investigation into a suspicious death.
e) An armed robbery trial.
f) The preliminary hearing of a rape case.
g) A civil dispute between business partners involving $100 million.
h) A case dealing with an aspect of the Australian Constitution.
6. Explain the difference between a judge and a magistrate.

12. ANSWERS
1. High Court, Supreme Court, County Court, Magistrates’ Court.
2. A court hierarchy is a way of organising the courts into levels. We have four levels of courts so each can
specialise in hearing particular types of cases; for example, the least serious (summary) offences are heard in
the lower courts and the more serious (indictable) are heard in the higher courts. The court hierarchy also
allows for appeals in higher courts of decisions made in lower courts..
3. Magistrates’ Court, High Court (see Legal Online www.legalonline.vic.gov.au).
4. The court hierarchy is necessary to organise the many different kinds of civil disputes and the range of crimes
which must be dealt with. It provides order, certainty and strict guidelines for using the court system. It allows
for appeals, specialisation of court personnel and administrative efficiency..
5. (a) Supreme Court; (b) High Court; (c) Magistrates’ Court; (d) Coroner’s Court; (e) County Court; (f)
Magistrates’ Court; (g) Supreme Court; (h) High Court