What are the different types of courts in Australia and how do they work?

• Magistrates’ or Local Courts (depending on the state or territory) hear trials that are relatively simple and less serious.
  • A magistrate’s powers to run the trial are usually wide and informal though there are still court rules and laws relating to evidence that must be followed.
  • In Magistrates or Local Court trials the emphasis is on expediency (efficiency and convenience) rather than strict formality.
  • In each state and territory there is a jurisdictional limit or threshold for claims in civil cases. For example NSW Local Courts can hear civil claims up to:
    • $10,000 in the Small Claims Division;
    • $100,000 in the General Division; and
    • $60,000 in the General Division where the claim is for damages arising from personal injury or death.
  • Jurisdiction means the court’s authority to hear the case.
  • For civil matters it is important to commence your claim in the correct jurisdiction. If you start in a lower level court you will be limiting the amount of damages you can be awarded.
  • However if you start in a higher level court and your claim for damages over the threshold is unreasonable the other party may be able to have your claim moved to a lower court and costs awarded against you for the inconvenience.
  • For example in NSW if you had a claim for an $8,000 debt you would not commence action in the General Division in the hope that the magistrate would award you extra damages for non-economic loss (pain and suffering) and lost financial opportunities unless you had very strong evidence to support all the heads of damage you intended to claim.
• District and County Courts are intermediate courts. They are the next level up from Local or Magistrates Courts. 
  • Trials in District or County Courts are heard by a single judge. Criminal trials can be heard by a single judge or a jury.
  • District and County Courts also hear appeals from Magistrates’ or Local Court decisions.
  • Each state or territory has its own jurisdictional thresholds and you should consult with a lawyer to work out which is the most appropriate court in which to commence your claim.
  • For example the jurisdictional limit for civil claims in the NSW, Queensland and Western Australian District Courts is $750,000 but may be higher if damages for non-economic loss are claimed.
• The Supreme Court is the highest court in each state or territory.
  • Supreme Courts conduct single judge or jury trials for serious criminal offences such as murder in addition to hearing appeals from lower courts such as appeals from District or County Courts.
  • In some states there are special divisions of the Supreme Court such as the Court of Criminal Appeal which hear appeals based on questions of law from criminal trials which took place in District or Magistrates’ or Local Courts.
  • In most states and territories the jurisdictional threshold for the Supreme Court is any matter that exceeds the jurisdictional limitation for the District Court. However the Supreme Court’s jurisdiction may also include cases under the District Court’s limit if the issues are especially complex.
• Federal Courts hear criminal matters under federal legislation such as international drug trafficking offences and money-laundering offences. They also hear civil matters that fall under federal laws such as bankruptcy, federal anti-discrimination laws and family law matters.

The High Court is the highest court in Australia. Any appeal that goes to the High Court will be on a question of law only and special permission from the Court is required before any appeal will be allowed. At the High Court level the issues usually go beyond the interests of the parties and involve matters of legal principle that are of public importance.