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The Legal System 2003 In Australia each of the Federal and State systems incorporates the three arms of government: legislative, executive and judicial. The High Court of Australia, however, is the final court of appeal in respect of all matters, whether decided in Federal or State jurisdictions, and the Federal Parliament is empowered under the Constitution to invest State courts with Federal jurisdiction. State Courts can hear both civil and criminal cases, which may in turn be heard before a magistrate or judge, with or without a jury Each state has its own court system to administer state laws. As well, because we have a federal system of government, there are several federal courts to administer federal laws. Some of the federal courts also hear appeals from state courts. And some State courts have jurisdiction over some federal laws. The highest court in Australia is a federal court - the High Court of Australia. Australian State and Territory courts have original jurisdiction in all matters brought under State or Territory laws, and in matters arising under federal laws, where jurisdiction has been conferred on the courts by the Commonwealth Parliament. Most criminal matters, whether arising under Commonwealth, State or Territory law, are dealt with by State or Territory courts. The Local Court of New South Wales hears matters of both criminal and civil nature. Local Courts in New South Wales have jurisdiction to deal with • the vast majority of criminal and summary prosecutions, • civil matters with a monetary value of up to $40,000, • committal hearings, • family law matters, • child care proceedings, • juvenile prosecutions and care matters, and • coronial inquiries. All criminal matters begin in the Local Court. The majority are summary offences and is dealt with at this level. In addition, most civil law matters are also dealt with by the Local court. Having the Local Court deal with matters saves time and expense. Juries are not used, which reduces court costs, and the less formal nature of the court allows the parties to be represented by solicitors rather than the more expensive barristers. The New South Wales courts of summary jurisdiction are presided over by a Magistrate and deal with most of the ordinary (summary) offences, such as traffic infringements, minor assaults and street offences. Magistrates also conduct committal proceedings in respect of the more serious offences to determine whether there is a prima facie case to be determined by a Judge and jury, either in an intermediate court or a Supreme Court. Juries are not used in courts of summary jurisdiction. In most jurisdictions, these courts also deal with civil litigation for debt recovery, smaller claims by one citizen against another or against a company, as well as certain maintenance, custody and property disputes under jurisdiction conferred by the Family Law Act. Crimes can be broken into major categories: summary offences and indictable offences. A summary offence is one of lesser nature, such as shoplifting or non-payment of fines. It is heard before a magistrate in a Local Court. This is known as hearing the case summarily.
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