Australian court hierarchy
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There are two broad levels within the hierarchy of Australian courts, the federal level and the state and territory level.
Federal courts
These courts among them have jurisdiction over Commonwealth law, that is, law made by the Federal parliament of Australia.
High Court of Australia
The High Court is the highest court in Australia. It was created by section 71 of the Constitution. It has appellate jurisdiction over all other courts. It also has some original jurisdiction, and has the power of constitutional review. Prior to 1986, when the Australia Acts were passed, a route of appeal lay from the High Court to the Judicial Committee of the Privy Council in the United Kingdom. Appeals to the High Court are by special leave only, and therefore for most cases, the Supreme Courts of each state and the Federal Court are ultimate appellate courts. The Full Court of the High Court is the ultimate appeal court for Australia.
Federal Court of Australia
The Federal Court has some original and appellate federal jurisdiction. Decisions of the High Court are binding on the Federal Court. There is a "Full Court" of the Federal Court which consists of several judges, perhaps three or five.
Family Court of Australia
The Family Court, established in 1975, has jurisdiction over family law matters.
The Family Court was established as a specialist family law court. The principles of stare decisis are the same as for the Federal Court. Appeals are heard by a Full Court of the Family Court (three to five judges). Appeals from the Full Court lie to the High Court of Australia.
Federal Magistrates' Court of Australia
The Federal Magistrates Court of Australia was established in 1999 to ease the large caseload on the Federal and Family Courts. Decisions of the Full Court of the Federal and Family Courts are binding on Federal Magistrates, as are single judge decisions of Federal and Family Court judges when deciding an appeal from a Federal Magistrate. Decisions of a single Federal or Family Court judge exercising original jurisdiction are strictly not binding, however will usually be followed. Decisions may be appealed from the Federal Magistrates Court to the Federal or Family Court (depending on which area of jurisdiction the Federal Magistrate was exercising).
Administrative Appeals Tribunal
The Administrative Appeals Tribunal (the AAT) was established in 1975. Strictly speaking it is not a court in that it does not exercise judicial power under the Australian Constitution, but an administrative method of review. However, it operates in a similar manner to an informal court. Its responsibility is to hear appeals against administrative decisions of the Commonwealth Government and its departments. Appeals from decisions of the AAT lie to the Federal Court, which may remit the appeal to the Federal Magistrates Court for hearing.
State and territory courts
Each state has a court hierarchy of its own , with the jurisdictions of each court varying from state to state. Each state has a Supreme Court, the highest court of original jurisdiction in that state. There is a Full Court or Court of Appeal of the Supreme Court. Decisions of the Full Court of the High Court (but not decisions of a single High Court judge) are binding on the Full Court of the Supreme Court. The Supreme Courts can sometimes exercise federal jurisdiction. However, this "cross-vesting power" does not allow federal courts to exercise state jurisdiction. Most of the states have two further levels of courts, which are comparable across the country. The District Court (or County Court) handles most criminal trials for indictable offences, and most civil matters. The Magistrates Court (or Local Court) handles summary matters and smaller civil matters.
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New South Wales |
Victoria |
Queensland |
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South Australia |
Western Australia |
Tasmania |
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 Northern Territory |
Australian Capital Territory |
Other Territories |
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