Court Hierarchy

• The Jurisdiction of the High Court:

  Original Jurisdiction: None

  Appellate Jurisdiction: Verdict, remedy, point of law from Supreme Court (CoA)
• Jurisdiction of Supreme Court of Appeal in Civil Matters

  Original Jurisdiction: None

  Appellate Jurisdiction: Verdict, remedy, point of law from CC, SC (TD)

  VCAT on a point of law (when the President or Vice President made the order)

  Magistrate’s on a point of law when the Chief Magistrate made the order
• Reasons for court hierarchy: administrative convienance and appeals
• Strengths of the court hierarchy

  • A hierarchy allows for courts to adopt different processes and use their resources in a way that ensures cases can be resolved efficiently. E.g. given the volume of smaller cases heard in the Magistrates’ Court, there are more magistrates and more venues.
  • A hierarchy allows for appeals to be made by both parties if there is an error in the original decision.
• Weaknesses of court hierarchy:

  • The amount of different courts may be confusing, especially for self-represented parties. This is particularly so when there is overlapping jurisdiction (e.g. the County and Supreme Court both have unlimited civil jurisdiction) and it is up to the plaintiff to decide where to initiate their claim.
  • There is no automatic right to appeal, and appeal processes are difficult to understand without a lawyer, as grounds for appeal generally need to be established.