Supreme Court

The Supreme Court is the highest State court. It decides both civil and criminal matters and its decisions are binding on the lower courts. It has an original jurisdiction that is exclusive to this Court not shared with lower courts. This includes probate (wills), murder, and, although rare, treason and admiralty cases.

The Court also has an appellate jurisdiction, hearing appeals from lower courts and specialist tribunals and from single judges of the Supreme Court. Appeals from lower courts are usually heard by one judge. Appeals from decisions of a single Supreme Court judge are heard by a Full Bench of (usually) three Supreme Court Judges sitting together. In civil cases this is called the Full Court and in criminal cases it is called the Court of Criminal Appeal. Appeals from the Supreme Court can be made to the High Court of Australia with the High Court's permission (called 'special leave').

In the Supreme Court [Supreme Court Act 1935 s 40(2), Rule 101.02A] the minimum amounts that must be awarded for the Court to award the applicant any costs (unless there are special reasons) are:

District Court

The District Court has 4 divisions, Criminal, Civil, Criminal Injuries and Administrative and Disciplinary. It is a state wide jurisdiction and travels to country areas. The Criminal Division, made up of a judge and jury, hears more serious criminal cases, except treason and murder, where the Magistrates Court has referred the accused for a penalty to be given (if pleading guilty) or for a trial (if pleading not guilty). The Civil Division, consisting of one judge alone, has almost the same powers as the Supreme Court.

To encourage people to apply in the correct court, depending on the type of matter, the applicant must be awarded at least a certain amount to get an order for costs (unless there are special reasons) [District Court Act 1991 s 42(2) Rule 101.02A]. The minimum amounts that must be obtained to be entitled to an order for costs are:

The Criminal Injuries Division, made up of a judge alone, hears claims for criminal injury compensation. Only one judge hears matters in the Administrative and Disciplinary Division.

Magistrates Court

The Magistrates Court is a state wide court operating from local registries. The Court is divided into Civil (General Claims, Minor Civil Claims, Consumer and Business Claims) and Criminal Divisions. Cases in the Magistrates Court (or court of summary jurisdiction) are decided by a magistrate. A special justice or two justices can also make decisions but there are limits to the types of matters that they make decisions on. Magistrates are legally qualified, but justices usually have no formal legal training.

Civil Jurisdiction The Magistrates Court in its Civil Jurisdiction is a court of law and equity which means there is a wide range of remedies that the Court can order. In addition to making orders for payment of money the Court has the power to order people to do certain things, for example, to hand over property. To ensure that people (plaintiffs) take actions in the correct court, there is a rule that a plaintiff may not recover any legal costs unless more than $2500 is awarded by the Court. If less than this amount is awarded, the plaintiff is only entitled to costs as if it were a minor civil claim (the only legal costs allowed are for preparing the summons) [Magistrate Court Rules 106(3)]. It is always wise to seek legal advice before bringing a case.

The Civil (General Claims) Division of the Magistrates Court has power to hear:

The Civil (Minor Claims) Division of the Magistrates Court has simplified procedures to allow people to represent themselves. Usually no lawyers are allowed in a trial. Disputes between parties are dealt with according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms. The court has power to hear:

In civil matters he Magistrates Court can also help the parties reach agreement through mediation as an alterative to continuing with litigation.

Criminal Jurisdiction The Magistrates Court in its Criminal Jurisdiction deals with summary and minor indictable offences such as traffic offences or theft. There are no juries.

The Magistrates Court does not hear trials in more serious criminal cases such as murder, manslaughter or conspiracy to pervert the course of justice (indictable offences). However, the magistrate will hear preliminary, or committal, hearings to decide whether or not there is enough evidence to send the accused person to trial in a higher court.

Apart from the main courts mentioned above there are a number of specialist courts. These include the Youth Court; the Environment, Resources and Development Court; the Coroner's Court; the Licencing Court; the Industrial Relations Court; the Court of Disputed Returns; and the Warden's Court.

Contacts

http://www.courts.sa.gov.au/index.html