Banner
Government of Western Australia. (n.d.). District Court. https://www.districtcourt.wa.gov.au/
Hierarchy of courts
- Australian Court Hierarchy
A graphic of the hierarchy of the court system in Australia - Court JurisdictionWhile each Australian state’s systems differ slightly, what is common throughout Australia is the tiered court system, with the Supreme Court in each State or Territory having jurisdiction to hear cases of the most serious kind and the High Court of Australia having final jurisdiction, or ‘the last say’.
Court System in Western Australia
Government of Western Australia. (2022, March 24). Court system in Western Australia. Supreme Court of Western Australia. https://www.supremecourt.wa.gov.au/C/court_system_in_western_australia.aspx
Legislation is a major source of law. Courts are the other source of law. This video explains the court hierarchy, the jurisdiction of courts and tribunals, and how courts can make new law by interpreting legislation, filling gaps in legislation, and developing the common law when there is no legislation.
Public Library Services, State Library of NSW. (2013, November 30). How laws are made - Courts [Video]. YouTube. https://youtu.be/Vb9JjncNq3k
Jurisdiction
- Jurisdiction and hierarchy of courts
Courts deal with different matters depending on their jurisdiction and place in the court hierarchy. - JurisdictionJurisdiction is the area where the law applies and is administered. This area can be geographic, a country or state and/or a defined area of law.
It is an official power, granted by law for legal bodies to make decisions and judgements in legal disputes.
Jurisdiction is a power that is primarily invested in the courts.
The law governs our lives from the day we are born to the day we die. So where do our laws come from? This video explains how parliaments make law, explaining the process of a Bill to an Act, how legislation changes over time, why the Commonwealth makes some laws and the states others, and delegated legislation such as regulations.
Public Library Services, State Library of NSW. (2013, November 30). How laws are made - Parliament [Video]. YouTube. https://youtu.be/NhYpkVclXbA
Trials and juries
- Fair and Prompt TrialsAll people have the right to a fair and prompt trial, on the basis that all citizens are considered equal before the law.
- Criminal Trial ProcessesThe process of a criminal trial contains a variety of systems, procedures and roles, all of which are designed to maintain a standard of justice in the courtroom and the fundamental human rights contained within the rule of law.
- The Role of JuriesJuries are an integral part of the criminal trial process and the importance of their role should not be underestimated. Australian democracy is underpinned by citizen participation.
- People in CourtIn most criminal court proceedings, there are a number of central roles that are needed to represent the parties at trial, as well as some people that may be there to observe, record or assist in the trial, but are not directly involved in its course.
Due process
- Due process
The phrase ‘due process of law’ comes from statutes that were founded on the Magna Carta. - Fair trial and fair hearing rightsThe right to a fair and public criminal trial or a fair and public hearing in civil proceedings is one of the guarantees in relation to legal proceedings.
- Access to JusticeIt is a core principle of the rule of law that justice must be accessible to all.
Provision of justice through a functioning, adequately resourced legal system is a core responsibility of the government.
The Magna Carta
Rule of Law. (n.d.). Access to justice. Rule of Law Education Centre | Promoting the Magna Carta and Rule of Law Education in Australia. https://www.ruleoflaw.org.au/crime/criminal-trial-processes/access-to-justice/