The court hierarchy Civil disputes The Hierarchy Just

The court hierarchy: Civil disputes

The Hierarchy • Just like in criminal matters, the court hierarchy assists in resolving civil disputes. • Disputes should be referred to different courts on the basis of seriousness and the sum of money involved in the case. • Each court has its own Original and Appellate jurisdiction.

Generally, the lower the court, the less serious the case. Magistrates Court = least complex civil disputes Supreme Court= most complex civil disputes

Magistrates court The Magistrates court hears civil cases involving contracts, torts and claims • Original jurisdiction: Claims up to $100, 000 (this is a guide only) (less than $10, 000 referred to arbitration) • Appellate jurisdiction: None

County Court • Original jurisdiction: Unlimited claims for damages It is important to note: Litigants can choose to have their case heard in either the Supreme or the County Court • Appellate jurisdiction: No appellate civil jurisdiction

Supreme Court (Trial division) • Original jurisdiction: unlimited claims for damages; tends to hear the cases with the most substantial claims or that are the most complex of disputes. • People can choose to have their case heard in the County or the Supreme Court • Appellate jurisdiction: Appeals on points of law from the Magistrates’ Court and VCAT

Supreme Court (Court of Appeal) • Original jurisdiction: No original jurisdiction • Appellate jurisdiction: Appeals from the County or Supreme Court on a point of law, decisions as to facts or amount of damages

Specialist courts • Children’s Court: Hears cases concerning people aged 17 years and under. • Family Court: Federal court- hears applications for divorce, parenting orders, spousal and child maintenance and custody • Federal Court: hears cases involving particular federal laws (trade practices etc)

Reasons for a court hierarchy • Specialisation/Expertise - courts can specialise in certain areas of the law (ie Family Court) • Administrative convenience/Efficient use of resources- personnel trained in certain areas • Appeals- if a person is dissatisfied with a decision they can take it to a higher court. • Precedent- a higher courts sets the precedent for the lower courts.