The High Court of Australia is the highest
Court in all of Australia and any decision made by the High Court of Australia
is binding on every Court in Australia. In NSW, there are also many Tribunals
which include NSW Civil Administrative Appeal Tribunal (NAAT), Dust Diseases
Tribunal, etc.
In this article however we will be
discussing the different Courts in New South Wales.
In the state of NSW, we have the
following Courts (those courts are listed below in absolutely no particular
order) and they include the following:
1.
Children’s
Court
2.
Drug
Court
3.
Local
Court
4.
District
Court
5.
Supreme
Court
6.
Federal
Court
7.
Land
& Environment Court
8.
The
Federal Circuit & Family Court of Australia
Children’s Court
The NSW Children’s Court is a Court
which hears cases such as Care & protection of a child (cases which involve
the safety and well-being of children and young people), Criminal law cases,
Apprehended Violence Orders, Compulsory Schooling Orders (orders when a child
or young person does not attend school as required by law) to name a few.
You can find all the information you
require on the Children’s Court website:
https://www.childrenscourt.nsw.gov.au
Drug Court
This is a specialist Court established in
NSW as this Court provides an alternative to full time imprisonment and for
participants with drug dependency who have committed certain crimes can apply
to have their matters dealt with by the Drug Court. The Drug Court NSW website
highlights the eligibility requirements, and they include that a person must:
- be willing to
participate
- be
18 years of age or over
- be
dependent on the use of prohibited drugs
- be
highly likely to be sentenced to fulltime imprisonment if convicted
- have
indicated that he or she will plead guilty to the offence
- must
live in the Local Government Areas of Canterbury-Bankstown, City of
Blacktown, City of Campbelltown, City of Cessnock, City of Fairfield, City
of Hawkesbury, City of Lake Macquarie, City of Liverpool, City of
Maitland, City of Newcastle, City of Parramatta, City of Penrith, City of
Sydney, Cumberland, Port Stephens, The Hills Shire;
- be
referred from the District Court at Campbelltown, Parramatta, Penrith,
East Maitland, Newcastle or Sydney;
- be
referred from the Local Court at Bankstown, Belmont, Blacktown,
Burwood, Campbelltown, Central, Cessnock, Downing Centre, Fairfield, Kurri
Kurri, Liverpool, Maitland, Mount Druitt, Newcastle, Newtown, Parramatta,
Penrith, Raymond Terrace, Toronto, Waverly and
Windsor
The Drug Court website also clearly
highlights those that are not eligible, and that information can be
found on their helpful website.
You can find all the information you
require on the Drug Court Website:
https://www.drugcourt.nsw.gov.au
Local Court
The Local Court is the busiest Court in
all New South Wales. The Local Court hears all sorts of minor Criminal Law
matters like Drink Driving matters (we often refer to these matters as Summary
matters) matters pertaining to AVO’s (Apprehended Violence Orders), Civil cases
which comprises of 2 divisions and they include the (Small Claims Division
which hears claims up to $20,000 and the General Division which can hear claims
over $20,000 and up to $100,000), Traffic matters like Appeals against a Notice
of Suspension issued by Road Transport, Fine Appeals, penalty notices and
infringement notices, to name a few. As we have previously mentioned, the Local
Court is the backbone of all Courts in NSW as this is the busiest Court
Jurisdiction in all of NSW.
You can find all the information you
require on the Local Court Website:
https://www.localcourt.nsw.gov.au
District Court
The District Court is the ‘intermediate
court’ in the NSW Court Hierarchy. The District Court is known as both a Trial
Court as well as an Appellate Court. This Court hears serious Criminal matters
(except for matters pertaining to Treason, Piracy, Murder etc as those matters
can only be finalised in the Supreme Court), this court hears appeals from
Lower Courts as well as Civil Proceedings. In relation to the Civil
Jurisdiction, it should be noted that this Court deals with matters such as all
Motor Accident cases, irrespective of the claimed amount, all other claims up
to $750,000 (however it should be noted that this Court could deal with matters
which exceed this amount only with the parties’ consent).
You can find all the information you
require on the District Court Website:
https://www.districtcourt.nsw.gov.au
Supreme Court
The Supreme Court is the highest
Court in the state of NSW. This Court was established in 1823. The Supreme
Court has unlimited Civil Jurisdiction, and the Supreme Court hears the most
serious Criminal matters. The Supreme Court is also vested with the power of
Appellate and Trial Jurisdictions, and they include:
·
Court of
Criminal Appeal
·
Court of
Appeal
The Supreme Court is also vested with
the power of ‘supervisory jurisdiction’ over other Courts in the state of NSW
(including Tribunals).
Trial work with respect to both Civil
& the Criminal Jurisdiction is also divided between two separate Divisions
which include:
·
The Common
Law Division
·
The
Equity Division
You can find all the information you
require on the Supreme Court Website:
https://www.supremecourt.justice.nsw.gov.au
Federal Court
The Federal Court was formerly known as
the ‘Federal Magistrates Court’ and the Federal Court deals with matters
pertaining to Administrative and Constitutional laws & Human Rights,
Intellectual Property, Taxation related matters, Migration Law related matters,
Class Actions, Employment & Industrial relations, Federal Crime &
Related proceedings (to name a few).
You can find all the information you
require on the federal Court website:
The Federal Circuit & Family Court
of Australia
This Court hears matters pertaining to
Divorce, Separation, Children, Property related matters, and other Family law
matters. This Court also has the power to review matters pertaining to
decisions made under the Migration Act 1958. This Court can also
hear matters with respect to Bankruptcy, Fair Work, Human Rights, and other
General Federal Law related matters.
You can find all the information you
require on the Federal Circuit & Family Court of Australia website:
Land & Environment Court
This Court was established in 1980 as this
Court hears matters pertaining to the Development, Building and Planning
Disputes and other environmental related matters such as Tree disputes and
Local Government Appeals, Mining, Valuation, Compensation and Aboriginal land
claim cases, Judicial Review & Civil Enforcements (to name a few).
You can find all the information you
require on the Land & Environment Court Website:
It is very important that you speak
with a lawyer so that you can get the appropriate legal advice which you
require prior to going to court.
Our team of experienced solicitors are
there for you and can help you answer all your questions, so be sure to contact Nicopoulos Sabbagh Lawyers.
*This article correctly reflects
the Laws of NSW as at 13th October 2022.
*Please
note that this page or any other pages on our website (including any other
social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered
as a substitute for legal advice or even other professional advice. It should
also be noted that accessing of this information from this website does not create a client-lawyer
relationship.