Glossary of Australian Court System Terms

Introduction

The Australian court system comprises a hierarchy of federal and state courts, each exercising jurisdiction defined by the Constitution and legislation. The system reflects the federal nature of the Australian polity, with state courts exercising both state and federal jurisdiction (the autochthonous expedient), and the High Court of Australia sitting at the apex as the ultimate appellate tribunal. This glossary defines the principal courts, tribunals, and judicial concepts that constitute the Australian judicial system.

A

Administrative Appeals Tribunal (AAT) — Now the Administrative Review Tribunal (ART), established under the Administrative Review Tribunal Act 2024 (Cth) to replace the AAT (established 1975). The ART conducts merits review of Commonwealth administrative decisions, standing in the shoes of the original decision-maker and making the “correct or preferable decision.” It is not a court but a tribunal exercising quasi-judicial functions, though it is subject to judicial review by the Federal Court.

Appeal — A proceeding in which a higher court reviews the decision of a lower court or tribunal. An appeal may be by way of strict appeal (limited to error of law, determined on the record below) or appeal by way of rehearing (the appellate court considers the evidence and record below and may draw its own inferences, but does not receive fresh evidence except by leave). A de novo appeal involves a complete rehearing of the matter.

Appellate Jurisdiction — The jurisdiction of a court to hear appeals from decisions of lower courts or tribunals. The appellate jurisdiction of the High Court is conferred by s 73 of the Constitution, subject to the requirement for special leave (s 35A of the Judiciary Act 1903 (Cth)). The Federal Court’s appellate jurisdiction is exercised by the Full Court (typically three judges). State Courts of Appeal (e.g., the NSW Court of Appeal, the Victorian Court of Appeal) exercise the appellate jurisdiction of the State.

B

Binding Precedent — The doctrine of stare decisis (Latin: “to stand by things decided”). A decision of a superior court is binding on lower courts within the same hierarchy. The High Court binds all Australian courts and is not itself bound by its own decisions, though it will depart from its previous decisions only cautiously and for compelling reasons: Imbree v McNeilly (2008) 236 CLR 510. The Full Federal Court binds single Federal Court judges; the Court of Appeal binds single judges of the Supreme Court.

C

Children’s Court — A specialist state court exercising jurisdiction over criminal matters involving children (aged 10–17) and care and protection proceedings. The Children’s Court operates with a less formal procedure than adult courts and focuses on rehabilitation as a primary objective. Sentencing options include probation, community work orders, and detention (in a youth detention centre rather than an adult prison).

Coroners Court — A specialist state court presided over by a coroner (a judicial officer or magistrate) that investigates deaths that are reported to the coroner and fires that are suspected of being caused by criminal activity. The primary function of the coroner is to determine the identity of the deceased and the cause and manner of death (natural causes, accident, suicide, homicide, or undetermined). The coroner may make recommendations directed at preventing similar deaths.

D

District Court — The intermediate trial court in the state court hierarchy (known as the County Court in Victoria). The District Court has jurisdiction over most indictable criminal offences (excluding the most serious, such as murder and treason) and civil claims up to a monetary limit (typically $750,000–$1,250,000 depending on the jurisdiction). The District Court also has appellate jurisdiction in appeals from the Magistrates Court in some states.

F

Federal Circuit and Family Court of Australia (FCFCOA) — The principal federal trial court, created by the merger of the Federal Circuit Court of Australia and the Family Court of Australia in 2021 (Federal Circuit and Family Court of Australia Act 2021 (Cth)). The FCFCOA has two divisions: Division 1 (formerly the Family Court, exercising jurisdiction in complex family law matters) and Division 2 (formerly the Federal Circuit Court, exercising jurisdiction in family law, migration, bankruptcy, employment, and other federal matters). The Court operates as a single point of entry for most federal litigation.

Federal Court of Australia — A superior court of record established under Chapter III of the Constitution by the Federal Court of Australia Act 1976 (Cth). The Court exercises original jurisdiction in matters arising under Commonwealth law (competition, corporations, industrial law, intellectual property, and admiralty) and appellate jurisdiction from the FCFCOA (in some matters) and from state Supreme Courts exercising federal jurisdiction. The Full Court of the Federal Court hears appeals from single judges of the Federal Court and is an intermediate appellate court beneath the High Court.

H

High Court of Australia — The apex of the Australian judicial system, established by s 71 of the Constitution. The Court comprises seven Justices — the Chief Justice and six puisne Justices. Its original jurisdiction includes matters arising under the Constitution (s 76(i)), matters between States (s 75(iii)), and matters in which a constitutional writ is sought (s 75(v)). Its appellate jurisdiction extends to all Australian federal and state courts, subject to the requirement of special leave (s 35A of the Judiciary Act 1903 (Cth)). Decisions of the High Court are final and binding on all Australian courts.

I

Industrial Court — A specialist court exercising jurisdiction in industrial and employment matters. In the federal system, the Federal Court and FCFCOA exercise industrial jurisdiction under the Fair Work Act 2009 (Cth). Some states maintain separate industrial courts or commissions (e.g., the Industrial Court of New South Wales, a division of the Supreme Court; the Western Australian Industrial Relations Commission).

J

Judge — A judicial officer presiding over a superior or intermediate court (the High Court, Federal Court, FCFCOA, Supreme Court, District Court). Judges are appointed by the executive (the Governor-General in Council for federal appointments; the Governor on the advice of the Executive Council for state appointments) and hold office until a retirement age (70 for federal judges under s 72 of the Constitution; varying ages for state judges). Judicial independence is protected by constitutional and statutory guarantees of security of tenure and remuneration.

Judicial Review — The supervision by a court of the legality of executive or administrative action. In Australia, the constitutional foundation for judicial review is s 75(v) of the Constitution, which confers original jurisdiction on the High Court in matters in which a writ of mandamus, prohibition, or certiorari is sought against an officer of the Commonwealth. The Administrative Decisions (Judicial Review) Act 1977 (Cth) provides a statutory code for judicial review of Commonwealth administrative decisions. Judicial review examines the legality, not the merits, of the decision.

L

Lands and Environment Court — A specialist superior court in New South Wales (established under the Land and Environment Court Act 1979 (NSW)) exercising jurisdiction in environmental, planning, land valuation, and building disputes. The Court is unique in Australia for its comprehensive jurisdiction over environmental matters and its use of expert commissioners.

Leave to Appeal — The requirement that a party obtain the permission of the appellate court before an appeal may proceed. Leave is required for appeals to the High Court (special leave), appeals from interlocutory decisions in most jurisdictions, and appeals from the District Court to the Court of Appeal. The test for leave typically requires the applicant to demonstrate that the decision is attended by sufficient doubt to warrant reconsideration or that a substantial injustice would result if leave were refused.

M

Magistrate — A judicial officer presiding over the Magistrates Court (Local Court). Magistrates hear summary criminal offences, conduct committal hearings for indictable offences, and determine civil claims up to a monetary limit (typically $100,000–$150,000). Magistrates are appointed by the state executive and do not have the same constitutional protections as judges.

Magistrates Court — The lowest tier of the state court hierarchy (known as the Local Court in NSW and the Magistrates’ Court in Vic, Qld, WA, and SA). The Magistrates Court exercises summary criminal jurisdiction and minor civil jurisdiction (including small claims). There is no jury in the Magistrates Court; the magistrate decides all issues of fact and law.

Master — A judicial officer in the Supreme Court who exercises delegated jurisdiction in procedural and administrative matters (e.g., case management, discovery, costs assessment, summary judgment applications). Masters are appointed by the court or the executive and sit below judges in the judicial hierarchy.

Merits Review — The administrative process by which a tribunal (such as the ART) reconsiders a government decision and makes the “correct or preferable decision” on the merits, having regard to the facts and law. Unlike judicial review, which is limited to questions of legality, merits review involves a full reconsideration of the decision on its factual and policy merits.

N

NCAT — The NSW Civil and Administrative Tribunal, established under the Civil and Administrative Tribunal Act 2013 (NSW). NCAT is a “super-tribunal” consolidating the jurisdiction of 22 former tribunals, exercising functions in administrative review, consumer claims, tenancy matters, equal opportunity, and guardianship. NCAT’s decisions may be appealed to the NSW Court of Appeal on questions of law.

O

Obiter Dictum — A statement made by a judge in the course of a judgment that is not necessary to the decision (a statement by the way). Obiter dicta are not binding precedent but may be highly persuasive, particularly obiter dicta of the High Court of Australia.

Original Jurisdiction — The jurisdiction of a court to hear and determine a matter at first instance, rather than on appeal. The High Court’s original jurisdiction is conferred by ss 75 and 76 of the Constitution. The Federal Court’s original jurisdiction is conferred by s 19 of the Federal Court of Australia Act 1976 (Cth). The Supreme Courts of the states have inherent original jurisdiction.

P

Persuasive Precedent — A decision that is not binding on the court but may be taken into account as persuasive authority. Decisions of courts in other Australian jurisdictions, courts of other common law countries (particularly the UK, Canada, New Zealand, and the US), and obiter dicta of superior courts may have persuasive weight depending on their reasoning and the standing of the court.

R

Ratio Decidendi — The reason for the decision — the principle of law that is necessary for the court’s conclusion. The ratio is the binding element of a precedent. Identifying the ratio of a case requires analysis of the material facts, the legal issue, and the reasoning by which the court applied the law to the facts to reach its conclusion.

Registrar — An officer of the court responsible for administrative and quasi-judicial functions, including case management, listing, and the assessment of costs. Registrars exercise certain delegated judicial functions in minor or procedural matters.

S

Small Claims Tribunal — A division of the Magistrates Court or a specialist tribunal (e.g., the Small Claims Division of NCAT) exercising jurisdiction over minor civil claims up to a specified monetary limit (typically $10,000–$40,000) using simplified, informal procedures without legal representation as of right.

Stare Decisis — See Binding Precedent.

Supreme Court — The superior court of each state and territory, exercising unlimited jurisdiction in civil matters and jurisdiction over the most serious criminal offences (murder, manslaughter, and complex commercial crime). The Supreme Court also has inherent jurisdiction to supervise inferior courts and tribunals and exercises appellate jurisdiction through its Court of Appeal (or Full Court). Each state and territory has a Supreme Court established by its Constitution.

T

Tribunal — A body established by statute to exercise quasi-judicial functions, primarily merits review and the determination of disputes in specialist areas (e.g., administrative review, tenancy, consumer claims, equal opportunity). Tribunals are not courts in the strict sense, though they exercise judicial-like functions. The major tribunals include NCAT (NSW), VCAT (Victoria), QCAT (Queensland), and the ART (Commonwealth). Tribunals are generally less formal than courts and not bound by the rules of evidence.

V

VCAT — The Victorian Civil and Administrative Tribunal, established under the Victorian Civil and Administrative Tribunal Act 1998 (Vic). Like NCAT, VCAT is a “super-tribunal” exercising a broad range of jurisdictions, including civil disputes, tenancy, guardianship, planning, and administrative review. VCAT’s decisions may be appealed to the Victorian Supreme Court on questions of law.