LLB101 Lecture Notes - Lecture 6: Summary Offence, Labour Law, Administrative Appeals Tribunal
LLB101 INTRODUCTION TO LAW LECTURE 6
THIS LECTURE:
●Queensland Court Hierarchy
○Original civil jurisdiction
○Original criminal jurisdiction
○Appellate jurisdiction
●Federal court hierarchy
○Original civil jurisdiction
○Original criminal jurisdiction
○Appellate jurisdiction
JURISDICTION
●Each court has a different jurisdiction
●It is the scope of a court’s power to examine and determine facts, interpret and apply the law, make
orders and declare judgment. Jurisdiction may be limited by geographic area, the type of parties who
appear, the type of relief that can be sought, and the point to be decided (Butterworths Australian Legal
Dictionary).
●Note different jurisdictions:
○Federal v state/territory
○Civil v criminal
○Original (or ‘first instance’ or ‘trial’) v appellate → a court designed to hear appeals
from courts further down.
●Federal (Commonwealth) laws set up Federal Courts, and give them jurisdiction over matters such as:
○Trade practices/consumer protection
○Taxation, bankruptcy/insolvency
○Immigration
○Family laws
●State laws set up State Courts, and give them jurisdiction over matters, such as: → plenary power
to make laws subject to the limitations in the Constitution, particularly s 109
○Enforcing contracts
○Remedies in tort (such as negligence, trespass, defamation)
○Land law
SUPERIOR, INFERIOR AND INTERMEDIATE
●Most serious and costly cases are handled by the highest level of the courts in the first instance, that is,
when they go to trial.
●These courts are referred to as the ‘superior courts’.
○Queensland example: Supreme Court of Queensland
●Minor criminal offences or civil proceedings where less money is involved are heard by the ‘inferior
courts’.
○Queensland example: Magistrate Court.
●In most jurisdictions, in between those two levels of courts there are the ‘intermediate courts’.
○Queensland example: District Court
●Note intermediate courts have similar jurisdiction (power to hear cases) as the superior courts except
that they have some financial or other limitation in civil matters or are limited as to the type of offences
they may hear in criminal matters.
find more resources at oneclass.com
find more resources at oneclass.com
QUEENSLAND COURTS
●Magistrates Court
●District Court
●Supreme Court
●Court of Appeal
●High Court of Australia (‘common apex’ of all Australian court hierarchies).
ORIGINAL JURISDICTION OF COURTS IN QLD - CIVIL MATTERS
●See table in prescribed reading for week 6
MAGISTRATES COURTS
●Magistrates Courts are situated in centres all around Queensland - Charleville to Cairns, Maryborough
to Mt Isa.
●Chief Magistrate of Magistrates Court - Judge Ray Rinaudo (status - Judge of the District Court).
find more resources at oneclass.com
find more resources at oneclass.com
DISTRICT COURT
●Courts in cities and large provincial towns
○ Brisbane, Beenleigh, Southport, Ipswich, Maroochydore, Rockhampton,
Townsville and Cairns have permanent judges. Circuits are scheduled to
other centres → where the judge and the judge’s clark travel and set up their
posts hearing trials.
●Chief Judge of the District Court - Judge Kerry O’Brien.
●It has the power to make orders for specific declarations and grant injunctions.
SUPREME COURT
●Supreme Courts are located in Brisbane, Rockhampton, Townsville and Cairns.
●Chief Justice of the Supreme Court - Justice Catherine Holmes.
SUPREME COURT - CIVIL JURISDICTION
●Supreme Court of Queensland Act 1991 (Qld)
●Civil jurisdiction not limited as to amount
●Complete equitable jurisdiction - i.e. can award the full range of equitable remedies.
●Why, then, aren’t all civil cases heard in the Supreme Court?
○This is because it is more costly to take a matter to Supreme Court; more money to pay for
lawyers and documents.
APPELLATE JURISDICTION OF COURTS IN QLD - CIVIL MATTERS
●See table in prescribed reading for week 6
APPEALS
●What is an appeal?
○An application to a higher court to reconsider the decision of a lower court, on the ground that
there has been an error in the decision of the lower court’ (Butterworths Concise Australian
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
It is the scope of a court"s power to examine and determine facts, interpret and apply the law, make orders and declare judgment. Jurisdiction may be limited by geographic area, the type of parties who appear, the type of relief that can be sought, and the point to be decided (butterworths australian legal. Original (or first instance" or trial") v appellate a court designed to hear appeals from courts further down. Federal (commonwealth) laws set up federal courts, and give them jurisdiction over matters such as: State laws set up state courts, and give them jurisdiction over matters, such as: plenary power to make laws subject to the limitations in the constitution, particularly s 109. Remedies in tort (such as negligence, trespass, defamation) Most serious and costly cases are handled by the highest level of the courts in the first instance, that is, when they go to trial. These courts are referred to as the superior courts".
