The Federal Circuit Court of Australia (formerly known as the Federal Magistrates Court of Australia)[23] is an Australian court with jurisdiction over family law and child maintenance, administrative law, admiralty law, bankruptcy, copyright, human rights, labour law, migration, data protection and business practices. Recently, most of the cases before this court have been transferred, reducing the workload and allowing the Federal Court of Australia and the Family Court to hear more complex cases. This court also hears appeals from various federal courts. Australia`s judicial system is divided between state and federal courts. Often, the nature of the allegedly violated legislation determines the court in which a case will be heard. All courts that are not superior courts are subordinate courts. Interlocutory courts (such as the District Court of New South Wales) are therefore technically inferior. Magistrates make decisions of lower courts (administrative courts and state courts of first instance). The Court is a superior court with limited but inferior jurisdiction to the High Court of Australia in the hierarchy of federal courts and was created by the Federal Court of Australia Act 1976. [21] In most Australian states and territories, the hierarchy of courts is as follows: some courts have special jurisdiction (e.g. the Juvenile Court), so that they only deal with cases in a limited area, while other courts have general jurisdiction (such as state supreme courts) to deal with a variety of cases. State and territory supreme courts are courts of general jurisdiction, since all matters fall within the general jurisdiction of a supreme court, unless expressly excluded. Appeals from Australian courts to the Privy Council were initially possible, but the Privy Council (Limitation of Appeals) Act 1968 closed all appeals to the Privy Council on matters affecting federal legislation,[8] and the Privy Council (Appeals from the High Court) Act 1975 closed almost all appeals from the High Court.

[9] The Australia Act 1986 eliminated appeals by state supreme courts to the Privy Council. [19] Appeals from the High Court to the Privy Council are now theoretically only available in interlocutory cases with leave of the High Court under section 74 of the Constitution; However, the High Court has indicated that it will not grant such permission in the future. [10] State and territory supreme courts are superior courts with general and unlimited jurisdiction in their own state or territory. The hierarchy of courts in each state and territory varies, but all have a generally similar structure. This structure consists of a superior court, headed by a chief justice, and middle and lower courts. Common law and equity are administered by the same courts in the same manner as the Judicature Acts in the United Kingdom. Legal and equitable remedies may be exercised before a court. As in other countries, Australian courts are organized in hierarchies. A hierarchy is a structure in which different levels or bodies are ordered or ordered according to their importance.

In a judicial hierarchy, the different courts have different jurisdictions. Lower courts, such as the State Magistrates` Courts, hear minor or less important cases, while higher courts, such as the State Supreme Courts and the High Court of Australia, hear more serious cases. Superior courts, also known as superior courts, can also appeal lower court decisions. In Australia, federal and state courts have their own judicial hierarchies. There are also authorities and overlaps between the two jurisdictions to make better use of resources. Court of Appeal. The Supreme Court of each state has an appellate division, variously called the “Court of Appeals,” “Full Court,” or “Court of Criminal Appeals.” These courts are competent only to hear appeals: they are constituted to hear appeals from the Supreme District Court. In most cases, the Court of Appeal is composed of three appellate judges. Supreme court. As the name suggests, this dish is the highest in Australia. It can hear appeals from all other Australian courts, and its other main role is to interpret the constitution and determine whether legislation is constitutionally valid. The High Court is in fact part of the hierarchies of federal and state courts.

Courts are classified as superior courts or subordinate courts. The most important Australian high courts are: the Supreme Court. These courts are the highest courts of each state and territory. They hear the most serious crimes, including murder, manslaughter and treason. Other charges involving multiple or highly complex offences may also be referred to the Supreme Courts. You also hear civil litigation of great complexity and large sums of money. Under the Australian Constitution, the jurisdiction of the Commonwealth rests with the High Court of Australia and other federal courts that may be established by the Federal Parliament. These courts include the Federal Court of Australia, the Federal Circuit Court of Australia and the Family Court of Australia.

Federal jurisdiction may also be delegated to state courts. Magistratesâ Court. The lowest or “subordinate” registration court, the trial court, hears minor offences, most of which can be tried without a jury. Trial courts also hear civil litigation of up to $100,000. They also hold hearings to decide if there is enough evidence to hear serious criminal charges in the Supreme Court. In New South Wales, this level of court is known as a local court. On Norfolk Island, a self-governing Australian territory, it is called the Court of Petty Sessions. The High Court has limited procedural powers, but very rarely exercises them. It has sufficient powers to transfer cases brought there to another more appropriate court so that the High Court can conserve its energy for its appellate functions. The District Court of Western Australia is an intermediate court that places it between the Magistrates Court and the Supreme Court in the judicial hierarchy of Western Australia.

The District Court hears serious offences such as aggravated assault, sexual assault, aggravated fraud and commercial theft, burglary and drug offences. The District Court also hears civil actions up to $750,000 and has unlimited jurisdiction over claims for personal injury. The District Court decides on appeals filed by judges in civil proceedings. Like the highest courts in the states, the family court and the federal court are superior courts, meaning they have certain inherent powers of procedure and contempt. However, unlike their state counterparts, their material jurisdiction must be transferred by law. However, under the doctrine of “acquired jurisdiction”, the Federal Supreme Court may rule on matters that do not fall within its express jurisdiction, provided that they form part of a broader controversy over which the court has jurisdiction. [1] There is no uniform definition of “superior court” (or “superior court of registration”). In many ways, Australia`s superior courts are similar to the superior courts of England and Wales. In Australia, the highest courts in general: the supreme courts of each state and territory conduct jury trials for serious crimes such as murder.

However, they also hear appeals from lower courts. In three outer territories (Norfolk Island, Christmas Island and Cocos Islands (Keeling Islands), there is a Supreme Court and a Magistrates` Court or Court of Petty Sessions. Supreme courts are composed of judges from other courts, usually the Federal Court. These courts can appeal to the Federal Court as a whole. As these areas have very small populations, the courts only meet from time to time, as required. The remaining outer territories (including Antarctica) do not have permanent courts. In the event of any dispute arising out of these territories, the courts of ACT shall have jurisdiction. [ref.

needed] State and territory courts may sometimes exercise federal jurisdiction (i.e. decide federal matters). However, an attempt by the states and the Commonwealth to enact laws that would transfer judicial powers from the states to the federal courts was rejected by the Supreme Court in the Re Wakim case. Ex parte McNally,[24] as unconstitutional. Notwithstanding this failure, however, state and federal courts may exercise “accumulated jurisdiction” that allows them to hear all questions of law arising from a single set of facts. This allows all courts to hear and determine virtually all questions arising from the facts of a case, provided that the competent court has jurisdiction to hear the main plea. Each of the states (with the exception of Tasmania) also has three levels of courts of general jurisdiction: the State Supreme Court, the District Court (called the County Court in Victoria) and the Local Court. Tasmania, the Northern Territory and the Australian Capital Territory do not have intermediate courts.