The NSW court hierarchy is a structured system that organises various courts based on their jurisdiction and functions within the legal framework of the state. This hierarchical arrangement ensures an efficient and organised dispensation of justice. The NSW court system is broadly categorised into two main branches:
- the higher courts, and
- the lower courts.
In this article, we will explore the NSW court hierarchy.
NSW Court Hierarchy: Higher Courts
At the apex of the hierarchy are the Higher Courts, which include the Supreme Court of New South Wales. The Supreme Court is the highest court in the state and has both appellate and original jurisdiction.
Furthermore, the Supreme Court is divided into three main divisions:
- Common Law Division
- Equity Division
- Court of Criminal Appeal
The Common Law Division deals with civil matters, administrative matters and criminal matters. These include civl matters such as:
- breach of contract
- possession of land
- claims for damages of personal injury
- defamation etc
It also includes criminal matters such as:
- attempted murder
- manslaughter and murder
- drug related charges etc
Furthermore, the Equity Division focuses on probate, equity, protective and commercial matter
The Court of Criminal Appeal handles criminal appeals an is the state’s highest court for criminal matters. A person can appeal to the Court of Criminal Appeal if a Supreme Court or District Court judge has sentenced them. Note that parties may also bring appeals from decisions of the Land and Environment Court in its criminal jurisdiction.
NSW Court of Appeal
The Court of Appeal is the final court of appeal in the state. This is an intermediate appellate court that has both appellate and supervisory jurisdiction.
District Court of NSW
The District Court of New South Wales has jurisdiction over more serious criminal and civil matters. Criminal cases involving indictable offences and civil cases with higher monetary values are usually heard in the District Court. Judges in this court have the authority to conduct trials by jury.
Below the District Court is the Local Court, which is one of the busiest courts in the hierarchy. It handles a wide range of matters, including criminal cases involving less serious offences, civil cases with lower monetary values, and various regulatory and administrative matters. The Local Court is decentralised, with numerous local courts spread across the state.
Additionally, within the Local Court, there are specialised divisions such as the Children’s Court, which deals exclusively with matters involving young offenders.
It’s important to note that the NSW court hierarchy is not limited to the outlined courts. There are also various tribunals and administrative bodies that play a crucial role in the legal system. These include the NSW Civil and Administrative Tribunal (NCAT), which consolidates many jurisdictional areas, such as tenancy disputes and administrative law matters.
Commonwealth Hierarchy of Courts
Since we have explored NSW court hierarchy, let’s also consider the hierarchy of courts in Australia. There are three levels of federal courts:
- High court
- Federal court
- Division 2 of the Federal Circuit and Family Court of Australia
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