What is the hierarchy of Courts in Australia? 

Each Australian federal, state and territory court and tribunal has its own function and jurisdiction. Learn more about the highest court in Australia and the hierarchy of courts in Australia.

Levels of Court in Australia

Australia has three principal federal courts: 

• High Court of Australia 

• Federal Court of Australia 

• Federal Circuit and Family Court of Australia 

Each Australian state (except Tasmania) has three levels of courts: 

• Magistrates Court or Local Courts 

• District Courts or County Courts 

• Supreme Courts 

Like Tasmania, the Northern Territory and Australian Capital Territory do not have an intermediate level of court. 

There are also tribunals and other courts, depending on your state or territory.

Highest Courts in Australia – the federal courts

1. High Court of Australia

The High Court of Australia is the highest court in Australia’s judicial system and the final court of appeal. Appeals are not automatic, with parties applying for ‘special leave to appeal’ to the High Court. Located in Canberra, the High Court’s jurisdiction (or function) includes hearing: 

• Disputes about the meaning of the Australian Constitution 

• Appeals from some decisions of the Federal Court of Australia and the Federal Circuit and Family Court of Australia 

• Appeals in civil and criminal matters, from Australia’s state and territory Supreme Courts 

The High Court of Australia has seven judges (one Chief Justice and six Justices).

2. Federal Court of Australia

The Federal Court of Australia hears matters about, for example: 

• Bankruptcy 

• Class actions 

• Corporations 

• Employment and industrial relations 

• Intellectual property 

• Migration 

• Native title 

• Taxation 

• Trade practices law 

It also hears appeals from various levels of courts and tribunals, including state Supreme Courts and the Federal Circuit and Family Court of Australia.  

The Federal Court of Australia sits in all capital cities, and elsewhere in Australia from time to time.

3. Federal Circuit and Family Court of Australia

The Federal Circuit and Family Court of Australia (FCFCOA) incorporates two separate courts – Division 1 and Division 2. They hear federal matters, including: 

• Bankruptcy 

• Consumer law 

• Fair work 

• Family law 

• Human rights 

• Intellectual property 

• Migration law 

The FCFCOA has locations in all Australian states and territories, including in some regional areas. 

State and territory courts in Australia

There’s a broadly similar hierarchy of courts in Australia's states and territories: 

Magistrates Courts and Local Courts 

Magistrates Courts and Local Courts are the first level of courts in Australia’s states and territories. These courts are where most civil and criminal cases first enter the judiciary of Australia, including personal injury matters, before some cases are referred to higher courts. 

Cases are heard by a Magistrate sitting alone (without a jury). The types of cases include: 

• Civil disputes for claims up to a set financial amount (e.g. up to $100,000 in NSW and up to $150,000 in Queensland), including loan agreements, unpaid bills, and property damage in motor vehicle accidents 

• Criminal matters including driving offences, shoplifting, burglary and assault  

• Minor family law matters 

• Domestic violence matters 

Australia’s Magistrates Courts are in multiple cities and towns in: 

• Queensland 

• Victoria 

• Australian Capital Territory 

• Tasmania 

• South Australia 

• Western Australia 

Australia’s Local Courts are in multiple cities and towns in:  

• New South Wales 

• Northern Territory 

What are District Courts and County Courts?

District Courts and County Courts are the next (or intermediary) state level of courts in the hierarchy of courts in Australia and include trial court. 

In the District Court, civil matters are heard by a judge, whereas criminal trials can be heard by a judge sitting alone or by a judge and jury. District Courts are in multiple cities and towns in Australia’s states and territories: 

• Queensland District Court hears civil matters between $150,000 and $750,000, serious criminal offence and appeals from the Magistrates Court 

• District Court of New South Wales hears motor vehicle accident cases, civil matters between $100,001 and $1,250,000, serious criminal offences and appeals from lower courts 

• County Court Victoria hears appeals from the Magistrates Court and Children’s Court, civil matters (with no set monetary limit, though most cases involve between $100,000 and $500,000), common law matters and serious criminal matters 

• South Australia District Court hears appeals from lower levels of court, civil claims over $100,000 and serious criminal matters 

• District Court of Western Australia determines civil claims up to $750,000, has an unlimited jurisdiction for personal injury damages claims and hears serious criminal offences 

Supreme Courts 

Supreme Courts are the highest state and territory level of court in the hierarchy of courts in Australia. State and territory Supreme Courts have two divisions, Trial Court and Court of Appeal. They're located in state and territory capital cities, but hearings can occur in regional centres. Most Supreme Court criminal trials are before a judge and jury but can be heard by a judge alone. Matters include: 

• Queensland Supreme Court trial court hears the most serious crimes (including murder, manslaughter and serious drug offences), class actions and all civil matters involving amounts over $750,000 

• The Court of Appeal of the Queensland Supreme Court hears all civil and criminal appeals from the Supreme and District Court, as well as from many tribunals 

• Supreme Court of New South Wales hears civil, criminal and class actions 

• Australian Capital Territory Supreme Court hears appeals from the ACT Magistrates Court, civil matters (usually claims are for over $250,000) and serious criminal matters (including murder and serious drug offences) 

• Supreme Court of Victoria hears complex civil cases, serious criminal matters and appeals from Victorian courts and tribunals 

• Supreme Court of Tasmania is the highest level of court in Tasmania and has civil, criminal and appellate jurisdictions. Civil cases involve matters with amounts above $50,000 

• Supreme Court of South Australia hears complex civil cases over $100,001, serious criminal matters and appeals from lower levels of court and tribunals 

• Supreme Court of the Northern Territory hears civil cases involving amounts over $250,000, indictable criminal offences and appeals from lower levels of court and tribunals 

• Supreme Court of Western Australia hears complex civil matters or disputes involving amounts of more than $750,000, serious criminal offences and appeals from lower levels of court hears appeals from lower levels of court 

Tribunals in Australia

The hierarchy of courts in Australia includes several federal, state and territory tribunals, as well as specialist courts. The tribunals in Australia are mostly independent statutory bodies with a specific jurisdiction to hear and review matters. They include: 

• Administrative Review Tribunal  

• Australian Competition Tribunal  

• Fair Work Commission  

• National Native Title Tribunal  

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