The Law Handbook 2024

Chapter 1.2: An introduction to the courts 21 Supreme Court: Criminal jurisdiction The Supreme Court has jurisdiction to hear all indictable offences. Note that while the County Court can also hear indictable offences (except for particular, very serious offences; see ‘County Court’, above), only the Supreme Court can hear murder and treason charges. Supreme Court: Civil jurisdiction The Supreme Court’s jurisdiction is unlimited in the amount of money that may be claimed and it is unlimited in the subject matter of the cases it can hear. It is far more costly to bring a case in the Supreme Court than in the County Court. If a matter can be brought in the County Court instead of the Supreme Court, it is generally wise to do so. Appeals heard in the Supreme Court An appeal can be taken to the Supreme Court in the following ways: • From the Magistrates’ Court to the Supreme Court on a question of law from a final order of the court in that proceeding (s 272 CP Act). Any person aggrieved by a summary conviction or order must show a case of error, mistake, insufficient jurisdiction or no jurisdiction on the part of the Magistrates’ Court. A common ground for seeking an order to review is that there was no evidence, or insufficient evidence, to support the conviction or order, or that the order was opposed to all the evidence. The application must be made to the Supreme Court no later than 28 days after the day on which the order complained of was made. The Supreme Court makes an order nisi calling on the party interested in maintaining the conviction or order to show cause why the conviction or order should not be reviewed. The order nisi is returnable before a single Supreme Court justice and in some cases before the Appeal Court. The Supreme Court may dismiss the order nisi or make it absolute, in that way confirming the prima facie finding of error. An appeal to the Supreme Court may be sought from a civil order (s 109 MC Act) or a conviction in a Magistrates’ Court, but there is no appeal to the County Court from a civil order. • An appeal on a question of law can be brought by the DPP on behalf of the police from a final order of the Magistrates’ Court (s 272(2) CP Act). While such an appeal may lead to a reversal of the point of law on which the defendant was acquitted, the acquittal itself cannot be reversed. • A person can appeal to the Court of Appeal (with the leave of that court) if the County Court substitutes imprisonment for another penalty and the Magistrates’ Court that originally heard the matter did not order imprisonment. Such an appeal must be instituted within 28 days after the sentence has been imposed by the County Court (ss 283, 284 CP Act). • A party to a civil proceeding who is dissatisfied with the judgment or order of the County Court may appeal under section 74 of the County Court Act 1958 (Vic) to the Court of Appeal. The appeal must be instigated within 14 days. • An appeal against conviction in a criminal jury trial, or a sentence imposed by a judge in the County Court or in the Supreme Court’s Trial Division, to the Appeal Court with the court’s leave. Note that an appeal to the Supreme Court means the person has abandoned finally and conclusively their right of appeal to the County Court (s 273 CP Act). Costs Court The Costs Court is part of the Trial Division of the Supreme Court. It can hear and determine disputes over legal costs in relation to proceedings in the Supreme Court, and in proceedings in the County Court, Magistrates’ Court, and VCAT where an Act or the rules provide for such costs disputes to be determined in the Costs Court. For contact details, see ‘Contacts’ at the end of this chapter. Commonwealth courts NOTE: MERGER OF THE FAMILY COURT AND THE FEDERAL CIRCUIT COURT On 1 September 2021, the Family Court of Australia and the Federal Circuit Court of Australia merged. The new court is called the Federal Circuit Court and Family Court of Australia (www.fcfcoa.gov.au) .