The Courts System


The courts

Australia’s court system is the third arm of government: also known as the judiciary. The function of the judiciary to interpret the laws made by parliament, to ensure their compliance with the Australian Constitution, and to review the conduct of the executive arm of government (ministers, public servants and tribunals).

The police, corrective services or gaols, and tribunals such as the Administrative Appeals Tribunal or the Social Security Appeals Tribunal are not part of the judiciary. All three are elements of the executive arm of government and they subject to judicial review by the courts system.

The law courts in Australia form a hierarchy. At the bottom are courts of summary jurisdiction, also known as Local Courts, Magistrates’ Courts, and Courts of Petty Sessions (the name varies from State to State). These courts hear small civil and criminal matters: small property claims, disputes over small bad debts, the negligent driving of a motor vehicle, minor criminal offences, and the like.

At the intermediate level are County Courts or District Courts (the name varies from State to State - there are no intermediate courts in Tasmania and the Australian Capital Territory). These courts may try most indictable offences (cases which necessitate a trial before a judge and jury). They hear appeals from the lower courts. They can hear most civil cases but are limited by the amount of money or the value of things in dispute.

Above these inferior courts is the Supreme Court of the State or Territory. The Supreme Court can hear cases for the first time as well as appeals.

The Federal Court of Australia is established as superior court in the federal hierarchy. Within the federal hierarchy there is also the Family Court of Australia and the Federal Magistrates Service.

Finally, there is the High Court of Australia, which sits above the Supreme Courts of the States and the Federal Court of Australia. The Australian Constitution created the High Court. Like the Supreme Courts in States, the High Court can hear cases for the first time as well as appeals.

The Crown (that is to the Governors and the Governor-General as the Queen’s representative on the advice of the Government of the day) appoints magistrates and Judges to all Australian courts. They are drawn from the body of practicing lawyers. Appointments are essentially for life (or until age 70 years) as the Crown can only dismiss Judges after an address from both Houses of Parliament asserting misconduct. There is a very strong tradition of merits based, non-political appointments for Judges and Magistrates; and there is a strong emphasis on an independent judiciary.

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