What is the relationship between the supreme court and the lower courts?

The Magistrates' Court deals with most legal disputes in Victoria.

The court’s criminal jurisdiction hears 'summary matters' (less serious charges which are heard and decided by a magistrate), including traffic offences, minor assaults, property damage and offensive behaviour. Some 'indictable offences' (more serious charges that may be heard by a judge and jury of a higher court) may also be heard and decided by a magistrate if the accused agrees. These offences include burglary and theft.

In civil matters, such as negligence claims, contract disputes and claims for repair and injury from car accidents, the Magistrates' Court can decide most disputes about money or property up to the value of $100,000 (in some cases the court can deal with unlimited value).

Specialised areas of the Magistrates’ Court include the Family Violence Court , the Drug and Alcohol Treatment Court , and the Koori Court .

County Court

The County Court deals with more serious crimes and with claims for amounts over $100,000. Cases in the County Court may be heard by a judge and jury.

If a decision made in the Magistrates' Court is to be appealed, it usually goes to the County Court. The judge in the County Court can decide whether to agree with the magistrate's decision or make a different decision.

The main County Court is in the centre of Melbourne. County Court judges also visit major country towns to hear cases.

Specialised areas of the County Court include the Drug and Alcohol Treatment Court , and the Koori Court .

Supreme Court

The Supreme Court is Victoria’s highest court. Cases in the Supreme Court may be heard by a judge and jury. The court is divided into the Trial Division and the Court of Appeal.

The Trial Division hears very serious criminal cases, like murder, and deals with large disputes over money and business. Claims for $200,000 and above in civil justice matters are heard in the Supreme Court.

The Court of Appeal hears appeals about decisions made in the County Court and in the Trial Division of the Supreme Court.

Children’s Court

The Children's Court operates like the Magistrates' Court but specialises in children's matters.

The Criminal Division of the Children’s court hears all charges except offences resulting in death or attempted murder, which must be heard in an adult court. For a matter to be heard in the Children's Court the person must have been between the ages of 10 and under 18 at the time of the offence. They must also be under 19 at when their proceeding commences (when the charge is filed).

The Family Division of the Children’s Court hears protection applications, breaches of welfare orders, changes to welfare orders, irreconcilable differences applications and applications for permanent care. Applications for family violence and personal safety intervention orders are also held in this division.

Coroners Court

The Coroners Court investigates deaths that happen unexpectedly, when the reason for the death is not known or when a body cannot be identified.

The coroner will try to find out why the death happened. Sometimes the coroner will make reports with recommendations to try to prevent similar deaths happening again.

Neighbourhood Justice Centre

The Neighbourhood Justice Centre (NJC) deals with a range of court and tribunal matters. It operates as a Magistrates' Court, Children's Court, Victorian Civil and Administrative Tribunal (VCAT) and Victims of Crime Assistance Tribunal (VOCAT). It is committed to resolving disputes by addressing the underlying causes of harmful behaviour and tackling social disadvantage.

The community justice centre is for people who live in the City of Yarra and have to attend court. Aboriginal and Torres Strait Islander people may have matters listed at the NJC if they have a strong connection with the area. The NJC can also hear matters for a homeless person if an offence was committed in the City of Yarra.

Tribunals

Tribunals are less formal than courts and are usually a quicker and cheaper way of resolving disputes. Often people involved in a case at the tribunal will be able to represent themselves.

The Victorian Civil and Administrative Tribunal (VCAT) deals with a wide range of everyday legal disputes, including disputes about::

• residential tenancy, including disputes involving rooming houses caravan park residents, public housing and site parks.
• goods and services
• guardians and administrators
• planning
• owners corporations
• building and construction
• retail and commercial leases
• powers of attorney
• equal opportunity (including sexual harassment, vilification or victimisation, discrimination.
• medical treatment and advance care directives
• review of some government decisions (declarations about dangerous dogs, decisions made under: freedom of information, Victims of Crime Assistance, Transport Accident Commission, Mental Health Tribunal, Victorian Workcover Authority, Worker Screening).

VCAT encourages parties to settle their disputes before the matter goes to a hearing, by attending mediation or a compulsory conference. Hearings and mediations take place in central Melbourne as well as in venues across metropolitan and regional Victoria.

See VCAT’s website for more information about the types of cases that can be dealt with at the tribunal.

Other Victorian tribunals include the Mental Health Tribunal and the Victims of Crime Assistance Tribunal .

Other support

Find out how you can get other support for courts and the legal system.

Federal courts hear cases involving the constitutionality of a law, cases involving the laws and treaties of the U.S. ambassadors and public ministers, disputes between two or more states, admiralty law, also known as maritime law, and bankruptcy cases. 

The federal judiciary operates separately from the executive and legislative branches, but often works with them as the Constitution requires. Federal laws are passed by Congress and signed by the President. The judicial branch decides the constitutionality of federal laws and resolves other disputes about federal laws. However, judges depend on our government’s executive branch to enforce court decisions.

Courts decide what really happened and what should be done about it. They decide whether a person committed a crime and what the punishment should be. They also provide a peaceful way to decide private disputes that people can’t resolve themselves. Depending on the dispute or crime, some cases end up in the federal courts and some end up in state courts. Learn more about the different types of federal courts.

Supreme Court

The Supreme Court is the highest court in the United States. Article III of the U.S. Constitution created the Supreme Court and authorized Congress to pass laws establishing a system of lower courts. In the federal court system’s present form, 94 district level trial courts and 13 courts of appeals sit below the Supreme Court. Learn more about the Supreme Court.

Courts of Appeals

There are 13 appellate courts that sit below the U.S. Supreme Court, and they are called the U.S. Courts of Appeals. The 94 federal judicial districts are organized into 12 regional circuits, each of which has a court of appeals.  The appellate court’s task is to determine whether or not the law was applied correctly in the trial court. Appeals courts consist of three judges and do not use a jury.

A court of appeals hears challenges to district court decisions from courts located within its circuit, as well as appeals from decisions of federal administrative agencies.

In addition, the Court of Appeals for the Federal Circuit has nationwide jurisdiction to hear appeals in specialized cases, such as those involving patent laws, and cases decided by the U.S. Court of International Trade and the U.S. Court of Federal Claims.

Learn more about the courts of appeals. 

Bankruptcy Appellate Panels

Bankruptcy Appellate Panels (BAPs) are 3-judge panels authorized to hear appeals of bankruptcy court decisions. These panels are a unit of the federal courts of appeals, and must be established by that circuit. 

Five circuits have established panels: First Circuit, Sixth Circuit, Eighth Circuit, Ninth Circuit, and Tenth Circuit.

District Courts

The nation’s 94 district or trial courts are called U.S. District Courts. District courts resolve disputes by determining the facts and applying legal principles to decide who is right.  

Trial courts include the district judge who tries the case and a jury that decides the case. Magistrate judges assist district judges in preparing cases for trial. They may also conduct trials in misdemeanor cases.

There is at least one district court in each state, and the District of Columbia. Each district includes a U.S. bankruptcy court as a unit of the district court. Four territories of the United States have U.S. district courts that hear federal cases, including bankruptcy cases: Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands.

There are also two special trial courts. The Court of International Trade addresses cases involving international trade and customs laws. The U.S. Court of Federal Claims deals with most claims for money damages against the U.S. government. 

Bankruptcy Courts

Federal courts have exclusive jurisdiction over bankruptcy cases involving personal, business, or farm bankruptcy. This means a bankruptcy case cannot be filed in state court. Through the bankruptcy process, individuals or businesses that can no longer pay their creditors may either seek a court-supervised liquidation of their assets, or they may reorganize their financial affairs and work out a plan to pay their debts.

Article I Courts

Congress created several Article I, or legislative courts, that do not have full judicial power. Judicial power is the authority to be the final decider in all questions of Constitutional law, all questions of federal law and to hear claims at the core of habeas corpus issues. Article I Courts are: