Legal Tips

Jurisdiction

2021 4 min read

Understanding jurisdiction is critical when initiating legal proceedings. This article explains the different courts and their jurisdictions across Australia's states and territories.

Jurisdiction refers to the authority of a court to hear and determine a particular matter. Commencing proceedings in the wrong court can result in your matter being dismissed or transferred, causing delay and additional cost.

NSW Court Hierarchy

  • Local Court — civil claims up to $100,000; criminal matters up to 2 years imprisonment
  • District Court — civil claims between $100,000 and $750,000; serious criminal matters
  • Supreme Court — unlimited civil jurisdiction; most serious criminal matters; appeals from lower courts
  • Court of Appeal — appeals from the Supreme Court

Federal Courts

  • Federal Circuit and Family Court of Australia — family law, migration, bankruptcy, and other federal matters
  • Federal Court of Australia — corporations law, intellectual property, competition law, and other federal matters
  • High Court of Australia — final court of appeal; constitutional matters

Specialist Tribunals

NSW also has a range of specialist tribunals including NCAT (NSW Civil and Administrative Tribunal), which handles consumer disputes, tenancy matters, and professional discipline.

Service of Documents Across Jurisdictions

Citiserve Pty Ltd can serve documents in all Australian jurisdictions. Our process servers are familiar with the service requirements of each court and tribunal and will ensure your documents are served in accordance with the applicable rules.

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