Jurisdictional Hierarchy in Australia. Magistrates Court Civil disputes with claims up to $150,000 Minor criminal offences such as simple assault, drink.

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Presentation transcript:

Jurisdictional Hierarchy in Australia

Magistrates Court Civil disputes with claims up to $150,000 Minor criminal offences such as simple assault, drink driving, dangerous driving, and possession of illegal firearms. Committal hearings

District Court Our closest District Court is in Brisbane Civil disputes up to $750, 000. Appeals from the Magistrates Courts. Indictable offences with maximum sentences up to 20 years imprisonment, such as armed robbery, arson, dangerous driving causing serious injury or death.

Supreme Court Court of Appeal has 3 justices – hears appeals from lower courts. Civil claims in excess of $750,000. Criminal indictable offences with sentences of more than 14 years – murder, manslaughter, treason and drug trafficking.

High Court The highest court in Australia Full court of appeals has 5 or 7 judges, hears appeals from the decisions of 1 or 3 judges of the High Court. Interprets the Commonwealth Constitution. Disputes between States and Territories Disputes between States and Commonwealth

Where would the following cases be tried? A driver is tried for a drink driving offence. A dispute is brought to court over who owns a $900,000 luxury boat. A woman is tried for intentionally burning down a building. A person attends a court hearing to determine whether there is sufficient evidence to commit him to trial for an offence in the District or Supreme Court. The Queensland Government challenges the validity of Federal Government legislation under the Australian constitution.

How Laws are Made Laws can be made in different ways. Laws can be made by judges (also known as Common Laws) and by parliament (also known as Statue Law and legislation). Parliaments are the supreme law makers in Australia. Their authority comes from our constitution which sets out their powers.

Does Australia Need a Bill of Rights? does-australia-need-a-bill-of-rights jk5.htmlhttp:// does-australia-need-a-bill-of-rights jk5.html /Democracy/Charter-human-rights.pdfhttp:// /Democracy/Charter-human-rights.pdf What are the advantages of creating a charter of Human Rights? What are the disadvantages?