The Court and Jurisdiction:
The Magistrates' Court:
The Magistrates court is the lowest court within the Victorian court hierarchy. This means that it only has original jurisdiction or the ability to hear cases at 'first instances'. The Magistrates court possesses a criminal jurisdiction. Here, it can hear summary offences (traffic offences, minor assault), indictable offences tried summarily and warrant and bail applications. Indictable offences that involve committals are also held within the Magistrates' court. There are also specialist court divisions within the Magistrates court such as the Koori and Drug court. Hearings in the Magistrates Court are presided over by a Magistrate without a jury present.
For civil matters, the Magistrates court has the ability to hear civil disputes with claims up to $100,000. It also offers mediation and conciliation for minor disputes and as part of pre-hearing conferences. Disputes less than $10,000 are referred to arbitration.
The County Court:
The County court is the next court above the Magistrates Court and possesses both original jurisdiction (the ability to hear cases at 'first instance') and appeals. The criminal jurisdiction of the County Court include the ability to hear indictable offences such as rape, robbery, drug trafficking and culpable driving. Trials are presided over by judge and a jury of 12 peers are used when the accused pleads not guilty for indictable offences.
In civil matters, the County court has the jurisdiction for claims of unlimited amounts. Juries of 6 are optional and can be requested by parties in civil matters.
The County court can also hear appeals. It's appellate jurisdiction means that it can hear appeals from the Magistrates' court involving leniency/harshness of sentencing or conviction of criminal matters.
The Supreme Court (Trial Division)
The Supreme Court is the highest state court within Victoria. It has two divisions referred to as the Trial Division and Appellate division. The original jurisdiction of the Supreme Court within the criminal division includes the ability to hear the most indictable offences such as murder, attempted murder, manslaughter and treason. It is presided over by a 'Justice' and if the accused pleads 'not guilty' then a jury of 12 peers is used to determine the guilty of the accused. Most offences will require a unanimous decision by the jury in order to convict.
The civil jurisdiction of the Supreme Court (trial division) allows the Supreme court the ability to hear civil claims of unlimited amounts. Optional juries of 6 can also be requested by parties at their expense. The trial division of the Supreme Court can also hear limited appeals. Here, the court can hear appeals from the Magistrates' Court on point of law and VCAT decisions made through hearings.
The Supreme Court (Court of Appeals)
The second division of the Supreme court is the appellate division known as the Court of Appeals. This court has the jurisdiction to hear appeals from the trial division of the Supreme Court and County court for both criminal and civil matters. This includes hearing appeals in civil matters from the County court including amount of damages awarded, decisions to facts and points of law. The process of listening to appeals can involve a single justice of the Supreme court hearing the appeals on point of law from the Magistrates court and VCAT. For more serious cases, it is usually presided over by three justices.
The Magistrates' Court:
The Magistrates court is the lowest court within the Victorian court hierarchy. This means that it only has original jurisdiction or the ability to hear cases at 'first instances'. The Magistrates court possesses a criminal jurisdiction. Here, it can hear summary offences (traffic offences, minor assault), indictable offences tried summarily and warrant and bail applications. Indictable offences that involve committals are also held within the Magistrates' court. There are also specialist court divisions within the Magistrates court such as the Koori and Drug court. Hearings in the Magistrates Court are presided over by a Magistrate without a jury present.
For civil matters, the Magistrates court has the ability to hear civil disputes with claims up to $100,000. It also offers mediation and conciliation for minor disputes and as part of pre-hearing conferences. Disputes less than $10,000 are referred to arbitration.
The County Court:
The County court is the next court above the Magistrates Court and possesses both original jurisdiction (the ability to hear cases at 'first instance') and appeals. The criminal jurisdiction of the County Court include the ability to hear indictable offences such as rape, robbery, drug trafficking and culpable driving. Trials are presided over by judge and a jury of 12 peers are used when the accused pleads not guilty for indictable offences.
In civil matters, the County court has the jurisdiction for claims of unlimited amounts. Juries of 6 are optional and can be requested by parties in civil matters.
The County court can also hear appeals. It's appellate jurisdiction means that it can hear appeals from the Magistrates' court involving leniency/harshness of sentencing or conviction of criminal matters.
The Supreme Court (Trial Division)
The Supreme Court is the highest state court within Victoria. It has two divisions referred to as the Trial Division and Appellate division. The original jurisdiction of the Supreme Court within the criminal division includes the ability to hear the most indictable offences such as murder, attempted murder, manslaughter and treason. It is presided over by a 'Justice' and if the accused pleads 'not guilty' then a jury of 12 peers is used to determine the guilty of the accused. Most offences will require a unanimous decision by the jury in order to convict.
The civil jurisdiction of the Supreme Court (trial division) allows the Supreme court the ability to hear civil claims of unlimited amounts. Optional juries of 6 can also be requested by parties at their expense. The trial division of the Supreme Court can also hear limited appeals. Here, the court can hear appeals from the Magistrates' Court on point of law and VCAT decisions made through hearings.
The Supreme Court (Court of Appeals)
The second division of the Supreme court is the appellate division known as the Court of Appeals. This court has the jurisdiction to hear appeals from the trial division of the Supreme Court and County court for both criminal and civil matters. This includes hearing appeals in civil matters from the County court including amount of damages awarded, decisions to facts and points of law. The process of listening to appeals can involve a single justice of the Supreme court hearing the appeals on point of law from the Magistrates court and VCAT. For more serious cases, it is usually presided over by three justices.