Welcome to the first post in our series on Australian Courts and Tribunal, this is designed to be your quick reference guide to the different courts and tribunals in each State and Territory.
Australia operates under a court hierarchy, encompassing State, Territory, and Federal Courts.
While State and Territory Courts and Tribunals primarily address matters under their respective laws, here we’ll focus on two key federal institutions: the High Court of Australia and the Federal Court of Australia.
The High Court of Australia
The High Court of Australia stands as the apex Court in our nation’s judicial system, holding ultimate authority over all State, Territory, and Federal Courts. Its primary role is appellate; meaning it usually only hears appeals from cases already decided in other Courts. A decision handed down by the High Court is binding on every other Australian Court, shaping the interpretation and application of law across the country.
Perhaps the most widely recognised High Court case is Mabo v Queensland (No 2). This landmark case, spanning over a decade, involved the Meriam People’s claim to their traditional lands on Mer Island in the Torres Strait. The High Court’s decision led to the enactment of the Native Title Act 1993, establishing a framework for Indigenous Australians to claim traditional rights to unalienated land. Many will also recall the High Court’s appearance in the popular film, The Castle, where Darryl Kerrigan famously took his dispute all the way to the High Court, and from where we get our often-quoted sayings of “the vibe” and “tell him he’s dreamin’”.
The Federal Court of Australia
The Federal Court of Australia has a broad jurisdiction over civil disputes arising under Commonwealth (federal) laws. This includes matters such as bankruptcy, corporations law, human rights and discrimination, taxation disputes, intellectual property (e.g., copyright, patents), insurance law and industrial relations.
Decisions from a single judge of the Federal Court can be appealed to the Full Court of the Federal Court. Beyond that, an appeal may proceed to the High Court of Australia, but this requires special leave (permission) from the High Court.
A Note on Family Law
Previously, the Family Court of Australia dealt with family law matters. However, it’s important to note that this Court has now been amalgamated with the Federal Circuit Court of Australia to form the Federal Circuit and Family Court of Australia, which is now the primary body handling family law disputes, such as parenting arrangements and the division of property, at the federal level.
In our next bulletin where we will begin our dive into the State and Territory courts!
The content of this article is intended to provide a general guide to the subject matter. Specific advice should be sought about your specific circumstances.
