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Courts and tribunals in Queensland: a summary

 

Introduction

This article is useful explains the courts system in Queensland, albeit briefly. Although the system is different in other states, they all largely follow the same hierarchy.

 

A court’s jurisdiction refers to its authority to decide the different matters which come before it. Different courts have different jurisdictions. In Australia, the Constitution gives the Commonwealth Parliament powers to make laws only in certain areas. Matters which involve Commonwealth or Federal laws are dealt with by a system of federal courts operating in all states. Queensland also has its own system of courts and tribunals. The following courts are the main courts exercising jurisdiction in Queensland.

 

State courts

 

Magistrates Courts: Magistrates are the judicial officers in Magistrates courts and are addressed as "Your Worship" whilst in court. They can hear civil cases involving matters such as debts and contract disputes, personal injury claims and motor vehicle damage claims where the amount of money involved does not exceed $50,000. Magistrates also hear certain criminal matters although in some cases this is merely to determine whether the person charged should be sent to a higher court (a committal hearing) for a hearing called a trial; 

 

District Courts: Judges decide cases in the District Court and are addressed as "Your Honour". They can hear civil claims for amounts up to $250,000. More serious criminal matters (crimes and misdemeanors) are also heard by District Courts before a judge and jury. Appeals from the Magistrates Court are also heard in the District Court; 

 

Supreme Court: The Supreme Court is the highest state court. It hears civil and criminal matters and certain appeals from the District Court. The Court of Appeal is part of the Supreme Court and hears various appeals from the Supreme and District Courts. Judges in the Supreme and Court of Appeal are addressed as "Your Honour". Appeals from the Supreme Court may be made to the High Court of Australia but only from the decisions of a number of Supreme Court Judges sitting together and only with the special leave, or permission, of the High Court; 

 

Specialist Courts: There are also a number of specialist courts which operate at state level including the Land Court, which deals with planning and environment disputes and some local government issues, the Industrial Magistrates Court and the Industrial Court both of which deal with industrial matters such as employment disputes and disputes between unions and employers; 

 

Federal Courts:

The Federal Court of Australia: this court hears matters relating to federal laws such as breach of the federal Trade Practices Act;

 

The Family Court of Australia: this court deals with matters which are covered by the Family Law Act;

 

The High Court of Australia: This is the highest Court in Australia. It hears appeals from state Supreme Courts and from Federal Courts and may hear other matters which involve, for example important Constitutional issues. 

 

Tribunals: Within Australia there are a number of tribunals and other bodies with jurisdiction to hear certain types of cases outside the Court system. Federal tribunals include the Administrative Appeals Tribunal and the Human Rights and Equal Opportunities Commission. State tribunals include the Building Tribunal, Small Claims Tribunal and Medical Assessment Tribunal. 

 

If by chance you find some error of law or fact in any Net Lawman information page, do please tell us. We should also welcome your suggestions for new subjects for information pages. These notes:

  • do not provide a complete or authoritative statement of the law.
  • do not constitute legal advice by Net Lawman.
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