Criminal legal Australia

The Court System in Australia: Structure, Jurisdiction & State Breakdown

Overview of the Australian Court System

Australia has a hierarchical court system made up of federal and state/territory courts. Each level of court handles different types of legal matters, ranging from minor offences and civil claims to serious criminal trials and constitutional disputes.

Understanding which court handles your legal issue is critical, whether you’re dealing with a traffic offence, family law dispute, or serious criminal charge.


Types of Courts in Australia

1. Local and Magistrates’ Courts

These are the lowest courts in each state and territory and deal with:

  • Summary (minor) criminal offences

  • Committal hearings for indictable offences

  • Traffic offences

  • Small civil disputes

  • Bail applications

No jury trials are conducted in these courts — all matters are heard by a magistrate.


2. District or County Courts

These are intermediate courts that handle:

  • Indictable criminal offences (e.g., assault, drug offences, fraud)

  • Jury trials

  • Appeals from Local/Magistrates’ Courts

  • Civil matters involving larger sums of money (varies by state)

3. Supreme Courts

The highest state-level courts, responsible for:

  • The most serious criminal charges (e.g., murder, manslaughter)

  • Appeals from lower courts

  • Complex civil litigation

  • Supervising court procedure and legal interpretation


4. Courts of Appeal

Usually part of the Supreme Court, Courts of Appeal hear:

  • Appeals from Supreme, District/County Courts

  • Sentence and conviction appeals

  • Civil appeals involving large or complex matters


5. Federal Courts

Federal courts deal with matters governed by Commonwealth law, including:

  • Family law

  • Bankruptcy

  • Taxation

  • Corporate and industrial law

  • Migration


Main Federal courts include:

  • Federal Circuit and Family Court of Australia (Div 1 and 2)

  • Federal Court of Australia

  • High Court of Australia

6. High Court of Australia


The highest court in the country, it hears:

  • Constitutional challenges

  • Appeals from federal and state supreme courts (by special leave)

  • Landmark legal issues with national significance


Jurisdictions by Matter Type

Legal AreaHandled By
Traffic offencesLocal/Magistrates’ Court
Minor criminalLocal/Magistrates’ Court
Serious criminalDistrict/County or Supreme Court
Civil disputesLocal, District/County, or Supreme (depending on amount)
Family lawFederal Circuit and Family Court of Australia
Migration & taxFederal Court
AppealsDistrict/County, Supreme Court, Court of Appeal, or High Court
ConstitutionalHigh Court of Australia

State-by-State Court Structures

 

New South Wales (NSW)

  • Local Court: Handles minor criminal matters and small civil claims

  • District Court: Handles serious criminal cases and civil disputes up to $750,000

  • Supreme Court of NSW: For serious crimes, civil cases, and appeals

  • NSW Court of Criminal Appeal: Hears sentence and conviction appeals

Victoria

  • Magistrates’ Court of Victoria: Minor offences and civil cases under $100,000

  • County Court: Jury trials for criminal offences, civil disputes over $100,000

  • Supreme Court of Victoria: Serious criminal trials, major civil cases, and appeals

  • Court of Appeal: Appeals from County and Supreme Courts

Queensland

  • Magistrates Court: First point of contact for criminal and civil cases

  • District Court: Indictable offences and civil cases over $150,000

  • Supreme Court of Queensland: Murder trials, major civil litigation, and appeals

Western Australia

  • Magistrates Court: Entry-level for all criminal and civil matters

  • District Court: Serious criminal matters and civil claims up to $750,000

  • Supreme Court: Hears major criminal cases and large-scale civil disputes

South Australia

  • Magistrates Court: Deals with summary offences and civil claims under $100,000

  • District Court: Handles more serious criminal matters and intermediate civil disputes

  • Supreme Court: For murder trials, complex commercial litigation, and appeals

Australian Capital Territory (ACT)

  • Magistrates Court: Summary offences, traffic, and minor civil disputes

  • Supreme Court of the ACT: Deals with major criminal trials, civil litigation, and appeals

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While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a criminal lawyer.