Courts of Queensland
The Queensland Court System includes the Queensland Civil and Administrative
Tribunal (QCAT), the Magistrates Court, the District Court and the Supreme Court.
The Supreme Court is the highest court in Queensland and has jurisdiction to hear
serious criminal offences and all civil matters under Queensland law and some matters
under Federal law. The tribunal and lower courts cannot hear cases that fall outside
of their jurisdictional limit.
QCAT is not technically a court but a tribunal. Litigants are expected to represent
themselves but may engage a solicitor for legal advice and to prepare documents for
use in QCAT. Its jurisdiction is limited to minor civil disputes and review of decisions
made by government bodies. Minor civil disputes are defined as monetary claims
not exceeding $25,000, disputes between consumers and traders or between traders
involving goods and services not exceeding $25,000 in value, damage of property by
motor vehicle causing not more than $25,000 in value, claims for repair of motor
vehicle, tenancy matters, disputes over fences and trees and in relation to the Building
Act 1975. In addition, QCAT has jurisdiction to appoint guardians and administrators,
hear complaints of discrimination, payment claims in building and construction
matters, review decisions concerning children and young people, and conduct further
disciplinary proceedings or review disciplinary decisions in prescribed professions.
QCAT hears appeals against its own decisions but not all decisions may be appealed
against. Some decisions made by QCAT and the appeal tribunal may be appealed to
the Court of Appeal.
The Magistrates Court is the lowest court in Queensland. Those who are arrested
and charged with a criminal offence must first be taken to the Magistrates Court. The
Magistrates Court will determine whether to grant bail and whether to commit the
matter to be heard by the District Court or the Supreme Court. Indictable offences
are heard in the District Court and the Supreme Court. Simple offences such as
driving offences will be heard summarily in the Magistrates Court. Indictable
offences that may be heard summarily, such as burglary, are also heard in the
Magistrates Court. Indictable offences are serious criminal offences. In addition to
its criminal law jurisdiction, the Magistrates Court has civil jurisdiction for claims not
exceeding the prescribed limit of $150,000.
The District Court has jurisdiction to hear serious criminal cases in which the maximum
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penalty for the offence is not more than 20 years’ imprisonment, such as causing
grievous bodily harm. It may also hear certain criminal cases that involve penalties
of more than 20 years’ imprisonment, such as rape. Criminal cases are heard in jury
trials. In additional to its criminal jurisdiction, the District Court hears civil cases in
which the claim does not exceed the monetary limit of $750,000. If the civil claim
commenced in the District Court does not exceed $150,000, the District Court may
transfer the matter to the Magistrates Court. Jury trials may be held in respect of
civil cases. The District Court hears appeals from the Magistrates Court.
The Supreme Court is the highest court in Queensland and hears the most serious of
criminal cases such as murder. Criminal cases are heard in jury trials. It has
unlimited civil jurisdiction although claims that do not exceed $750,000 may be
transferred to a lower court. In addition to hearing matters under Queensland law,
it also hears matters under Federal law, such as winding up applications. Jury trials
may be held in respect of civil cases. The Supreme Court has two parts, the trial
division and the Court of Appeal. The Court of Appeal hears appeals from the trial
division of the Supreme Court, the District Court and QCAT. The trial division of the
Supreme Court may hear appeals from the Magistrates Court on certain matters.
The High Court is the highest court in Australia and hears appeals from the supreme
courts of states and territories, including the Supreme Court of Queensland. The
High Court also hears appeals from the Federal Court and the Family Court. The High
Court and its principal registry is situated in Canberra. It also has registry offices in
each state and in Darwin. Special leave is required to appeal to the High Court. The
High Court decides whether to grant special leave to appeal after a preliminary hearing.
The judgments of the High Court are final, as there is no higher court where the
judgment can be appealed.
Queensland is also home to the Federal Circuit Court, Federal Court and the Family
Court, which are, along with the High Court, established by the Federal Government.
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