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Courts and Tribunals

06 December 2024 - 12:48 | Version 23 |

Contributed by FriedaEvans and AnneLewis, as amended by RachelKlesch and current to December 2024

In Australia, courts and tribunals are organised into a hierarchy and are divided into two different areas: federal and state/territory systems. The federal courts cover areas of law right across Australia, while the state and territory courts deal with local matters. The High Court of Australia is the highest in the country. Federal courts deal with matters in Australian law, such as immigration, taxation and trade. The courts, including the Federal Court, cover civil matters under Australian federal law and hear some federal criminal matters. The Federal Circut and Family Court of Australia deal with family law matters. The High Court of Australia's role is to interpret and apply the Australian Consitution and ensure laws passed by the federal and state governments comply with it. The High Court may also hear appeals from lower courts on significant legal issues. Additionally, the High Court has original jurisdiction, which means some disputes between states or cases involving the federal government will be heard by the court. Each state and territory also has courts to handle issues such as criminal law and civil cases under state and territory law. These include the Supreme Court, the highest court in each state and territory, District/County Courts and Local/Magistrates Courts. There are also tribunals that are less formal and deal with areas such as consumer complaints and other civil matters. You can see a quick example of the Australian Court Hierarchy online, which shows the High Court of Australia at the top of the courts in Australia, followed by the Federal Courts and Supreme Courts. Intermediate and lower courts sit under the Supreme Courts. In the common law legal system, generally, the decision of a higher court is binding on the lower courts.

NT courts and tribunals

In the NT, there are only two levels of courts. At the top is the Supreme Court of the Nothern Territory, and then there is the Local Court.

The NT also has tribunals that can hear smaller civil disputes. These include the Northern Territory Civil and Administrative Tribunal ('NTCAT') and several smaller specialist tribunals, such as the Health Professional Review Tribunal. Tribunals will often have arbiters with legal training or people with specialist knowledge.

For legal matters, different factors determine which court will hear the matter. For example, the Local Court (criminal division) will hear about many criminal matters, but very serious crimes will be heard by the Supreme Court of the Northern Territory. In the Northern Territory, the presiding judicial officer is called a Judge. Each court also has a Register that performs case management functions, and the Supreme Court has an officer called a Master with some judicial and administrative responsibilities. Most courts and tribunals are open to the public unless they are closed sessions.

The Northern Territory Civil and Administrative Tribunal ('NTCAT')

NTCAT is a tribunal set up to help people solve civil disputes. The tribunal is set up to resolve situations quickly, including compulsory conferences, mediation and alternative dispute resolutions. It aims to use straightforward language, and it is inexpensive for running matters in the tribunal. Some people will appear on their own behalf, and sometimes, they will have a lawyer. NTCAT looks at various legal issues, including adult guardianship, administrative decisions, and residential tenancy; they also hear small claims of up to $25,000.

Some useful links for NTCAT include:

Lower Courts (Local Court)

In the Northern Territory, the lower court is the Local Court—several smaller courts within the Local Court deal with different areas of law. For example, there is a criminal division for common criminal offences such as assault and drink driving. The Local Court may also have a committal heading for more serious crimes such as murder. The Local Court also has a civil division that looks after small claims and other civil disputes. In the Local Court, a judge hears the arguments before making a decision; there are no juries in the local court. A court officer calls out cases and will handle documents passed to the judge.

In the Local Court, each specialisation in an area of law is called a 'jurisdiction'; they include;
  • Adult Guardianship
  • Care and Protection of Children
  • Civil, including small claims and tenancy
  • Criminal
  • Coroner's Court
  • Domestic Violence
  • Firearms Appeals Tribunal
  • Mental Health
  • Work Health
  • Youth Court

Each of these areas has a specific focus. For example, the coroner's court investigates deaths and suspected deaths in the NT. The small claims court can look at claims between $25,001 and $250,000; smaller amounts may be heard by NTCAT, and higher amounts may be heard by the Supreme Court. The Youth Justice Court hears charges for offenders under 18 years old. Serious offences may be transferred to the Supreme Court.

The Local Court is held in Darwin, Alice Springs, Katherine, Tennent Creek, and some bush courts. The Chief Judge of the Local Court and 8 Local Court judges are based in Darwin; 4 are in Alice Springs, and one is in Katherine. All Local Court judges travel to other remote locations, including Wadeye, Borroloola and Yuendumu.

Some useful links for the Local Court include:

The Supreme Court of the Northern Territory

The Supreme Court is the highest NT court and hears civil and criminal cases. It comprises seven judicial officers, including the Chief Justice, Justices and the Master, each appointed by the NT's Administrator. The Supreme Court can sit at any time and place but most regularly sits in Darwin and Alice Springs. Decisions about sitting arrangements are made by the Chief Justice.

Civil cases are mainly in front of a single judge, although they can be referred to a full court or the Court of Appeal, which is heard by three judges. Civil cases include matters relating to the estate administration of people who have died, large debts and damages claims.

Most serious criminal cases are heard in front of a judge and jury; the jury is a panel of twelve people from the community. The jury decides whether the person before the court is guilty based on the evidence they hear and see in court. If the person is found guilty, the judge will decide what punishment to give, this is called as sentencing.

The Supreme Court may also hear appeals against decisions made in the Local Court and NTCAT. An appeal from a decision of the Supreme Court is made to the Court of Appeal if it is a civil matter or the Court of Criminal Appeal if it is criminal. These courts of appeal are usually made up of three or more Supreme Court Judges. An appeal can be heard before a Judge if the person appealing chooses it or if the case relates to dismissal for want of prosecution, granting leave to appeal, an extension of time to appeal or bail. A decision made by either court of appeal can be appealed to the High Court of Australia, but only in limited circumstances.

Some useful links for the Supreme Court include:

Federal courts

The High Court of Australia

The High Court, located in Canberra, is Australia's highest court. In some areas of law, such as constitutional law, a case can be put directly before the High Court without going through a lower court. However, most cases before the High Court are appeals from other courts. The High Court's decisions are binding on all State and Territory courts.

The High Court does not automatically hear every appeal made to it. It decides whether to hear an appeal by holding a short hearing called an Application for Special Leave to Appeal. In this hearing, lawyers outline why the appeal should or should not be heard. If the appeal is allowed, it is heard later in civil cases and sometimes immediately after the hearing in criminal cases.

Some useful links for the High Court include:

The Federal Court of Australia

Although the NT Supreme Court can hear certain matters involving Federal law (or Commonwealth law), these cases usually go before the Federal Court. The Federal Court's jurisdiction includes bankruptcy, taxation, industrial disputes, actions under the Trade Practices Act 1974 (Cth), copyright and patent matters and the judicial review of decisions made by Federal government officers. Appeals from the Federal Court are made to the Full Court of the Federal Court, and in special circumstances, an appeal can then be made to the High Court.

Some useful links for the Federal Court include:

Federal Circuit Court and Family Court of Australia

Two separate courts were created under the Federal Circuit and Family Court of Australia Act 2021(Cth). Division 1 looks after the Federal Circuit and Family Court of Australia, and Division 2 is the Federal Circuit and Family Court of Australia. Division 1 is a specialist family law court that hears the most complex trials and appeals (see Families). Division 2 covered a broad area of federal law, including bankruptcy, intellectual property, consumer law, administrative law, family law, migration and fair work.

Some useful links for the Federal Circuit Court and Family Court of Australia include:

Federal Tribunals

Several Federal tribunals are designed to be easier, cheaper and faster than courts. Many will have arbiters with legal training or other members with specialist knowledge. You can find more information on tribunals by exploring the law on a topic or the tribunal websites. Here is a list of Federal Tribunals

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