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Politics in Australia - Year 7: The WA Court Hierarchy

The basics about Australia's Political System.

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Court Structure of WA

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Magistrates Court

  • The Magistrates Court amalgamated the former Court of Petty Sessions, Local Court and Small Claims Tribunal into a single court dealing with civil and criminal matters.
  • The Magistrates Court of Western Australia deals with adults, aged 18 or over, required to appear in court after being charged with a criminal offence.
  • Some criminal offences are known as 'simple offences' and will be dealt with in the Magistrates Court.
  • More serious criminal offences, known as 'indictable offences', commence in the Magistrates Court. While some of these offences (known as 'either way' offences) may be dealt with in the Magistrates Court, the most serious offences must be sent on to be heard in the District or Supreme Courts.
  • The Magistrates Court deals with civil matters involving claims up to $75,000. For minor cases, the jurisdictional limit of the Magistrates Court is $10,000.
  • The Magistrates Court also deals with consumer/trader claims of $75,000 or less, and minor case consumer/trader claims of $10,000 or less.

Court Structure in WA Handout

District Court

  • The District Court is the intermediate court in Western Australia, presided over by a District Court judge.
  • The District Court deals with serious criminal offences for which the maximum penalty is 20 years' imprisonment (for instance, serious assaults, breaking and entering, stealing and receiving). A jury of 12 community members decide whether a person accused of a criminal offence is guilty or not guilty. An accused person may choose to have a trial by judge alone, and not by a jury.
  • In civil law, the court deals with matters generally involving claims up to $750,000. It has unlimited jurisdiction in claims for damages for personal injuries and it has exclusive jurisdiction in regard to claims for damages for injury sustained in motor vehicle accidents.
  • Appeals from the Magistrates Court and some tribunals are heard by the District Court. Appeals from the District Court are heard by the Court of Appeal.

Court Etiquette

Supreme Court WA

  • The Supreme Court is the State's highest court, with responsibility for both criminal and civil matters. It is i---Nolso the main appeal court of the state. The Supreme Court is divided into two divisions - the General %h./Division and the Court of Appeal.
  • The General Division deals with serious criminal charges, such as murder, armed robbery and serious breaches of Commonwealth drug enforcement laws. Generally, it hears civil cases where the amount involved in the dispute is more than $750,000.
  • The General Division also deals with probate (including disputes over wills), Admiralty (disputes involving ships), disputed elections and applications under the Corporations Act.
  • The Court of Appeal hears appeals from single judge decisions of the Supreme Court and from lower courts and various tribunals.
  • To go above the Supreme Court, ie for a higher appeal, a case must go to the High Court of Australia, which is the ultimate Australian court from which there is no further appeal.

Courts in WA Textbook Page

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