【CCL资料】CCL法律词汇系列（一）：Australian court hierarchy
Updated: Jan 1, 2020
（Australian court hierarchy）
Australian court hierarchy
The Australian court system has a hierarchy which determines which types of cases are heard in each court. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matters of both federal and State law. The large number of courts in Australia have different procedural powers and characteristics, different jurisdictional limits, different remedial powers and different cost structures.
sits at the apex of
ultimate court of appeal
powers and characteristics
Australian court hierarchy
High Court of Australia：
The High Court is the highest court in Australia. It has appellate jurisdiction over all other courts. It also has some original jurisdiction and has the power of constitutional review. The High Court of Australia is the superior court to all federal courts and is also the final route of appeal from all state superior courts.
Final route of appeal
It will hear criminal matters that are created by federal legislation. That is legislation that applies to all States and Territories.
The court has original jurisdiction in these areas, and also has the power to hear appeals from a number of tribunals and other bodies
Supreme court 州最高法院
The Supreme Court in each jurisdiction is the highest court in that State or Territory. It has two divisions, the Trial Division and theCourt of Appeal. The Trial Division handles civil cases over $250,000 and serious criminal cases, e.g., involving murder, manslaughter, and serious drug offenses. The Court of Appeals, comprisingpanelsof three or five judges, hears appeals from the lower courts.
Court of Appeal
Federal court and family court
The Federal Court primarily hears matters relating to corporations, trade practices, industrial relations, bankruptcy, customs, immigration and other areas of federal law.
The Family Court has jurisdiction over family law matters. It deals with family law matters, such as divorce applications, parenting disputes, and the division of property when a couple separate
Family law matters
Division of property
Intermediate court (country/district court)(中级法院)
Matters in these courts are heard by a Judge. It exercises appellate jurisdiction from the Magistrate's Court as well as original jurisdiction in more serious civil cases and in some criminal cases, e.g, involving fraud, armed robbery, and rape. These courts also conduct criminal trials with juries for indictable offenses.
criminal trials with juries
Federal magistrates court
The lowest level is the Federal Circuit Court of Australia, created in 1999 as the Federal Magistrates Court. it hears most matters that reach court. There is no jury and each matter is heard and determined by a judicial officer.
Lower court (Local/magistrates court)
Local Court and Magistrates’ Courts hear less serious matters and are heard by a magistrate. The role of the Local or Magistrates Court in criminal matters varies in each State and Territory. It deals with minor civil disputes and minor criminal cases such as theft and drunk-driving. There is no jury in the Magistrate's Court