Civil Court Hierarchy

Administrative convenience

Having a hierarchy means cases can be distributed according to their seriousness and complexity.

• Minor civil disputes can be heard in the magistrates court, quickly and inexpensively

• Because of the large volume volume of minor disputes, there are a large number of mags courts in Victoria

• More complex cases are heard in the CC or SC who have unlimited jurisdiction

Appeals

Someone satisfied with a decision can take the matter to a higher court. Grounds for an appeal include:

• a point of law, where law has not been applied correctly

• a question of fact

• the remedy awarded

strengths

• allows courts to adopt different processes and use resources in a way that ensures efficiency

• allows appeals to be made if there is an error

weaknesses

• different courts may be confusing for people engaging, especially with overlapping jurisdiction

• no automatic right to appeal