Local Court of New South Wales | |
---|---|
Jurisdiction | New South Wales |
Location | ~160 branches across New South Wales |
Composition method | Vice-regal appointment upon Premier's nomination, following advice of the Attorney-General and Cabinet |
Authorised by | Parliament of New South Wales via the Local Court Act 2007 (NSW) |
Appeals to | |
Judge term length | mandatory retirement by age of 75 |
Website | localcourt.nsw.gov.au |
Chief Magistrate | |
Currently | Judge Peter Johnstone |
Since | 2021 |
The Local Court of New South Wales is the lowest court in the judicial hierarchy of the Australian state of New South Wales. Formerly known as the Court of Petty Sessions and the Magistrates Court, there are more than 160 branches across New South Wales where the Local Court has jurisdiction to deal with the majority of minor civil and criminal matters.
Matters are heard before a single magistrate sitting without a jury, addressed as "Your Honour" or "Sir" (but no longer "Your worship"). [1] The Local Court has no jurisdiction for claims in equity.
On appeal, matters may be heard by the District Court of New South Wales including appeals against the sentence or conviction decided in the Local Court. [2]
The Chief Magistrate of the Local Court is Judge Peter Johnstone, former President of the NSW Children's Court, who was appointed in September 2021. [3] Judge Johnstone succeeded Judge Graeme Henson, appointed in 2006. [4]
In 1788, following the landing of the First Fleet and establishment of the Colony of New South Wales, the power and authority of the first criminal and civil courts in the Colony of New South Wales were vested by the Charter of Justice. [5] [6]
The first Court of Petty Session's courthouse was constructed in 1821 at Windsor, 56 kilometres (35 mi) northwest of Sydney. [6]
The Local Court of New South Wales hears civil matters of a monetary value of up to $100,000; mental health matters; family law and/or child care matters; adult criminal proceedings, including committal hearings, and summary prosecutions for summary offences (i.e., offences of a less serious nature) and indictable offences; licensing issues (as the Licensing Court); industrial matters; and mining matters. [7] [8] In addition to this, the Local Court, via its Small Claims Division, hears claims for less than $10,000 and also hears applications for Apprehended Violence Orders (AVOs). The local court has limited jurisdiction under the Family Law Act 1975 (Cth) to hear and determine family law matters. The local court can deal with applications such as property settlements and residence orders. [9]
A magistrate can imprison offenders for no more than two years per sentence and no more than the maximum of five years for multiple sentences.
The Children's Court is another specialist court that deals with cases involving children, including criminal, education and care and protection cases. The Children's Court sits at the Local Court level of the NSW court hierarchy, but is not part of the Local Court, and is instead its own independent jurisdiction led by a President (who is a Judge of the District Court) and composed of Children's Magistrates (who are specially trained magistrates appointed from the Local Court bench by the Chief Magistrate of the Local Court, in consultation with the President of the Children's Court). The Children's Court is a closed court. While the media may attend proceedings, they may not publish any details that may identify any children or young people involved in court proceedings.
The Coroner's Court is another division within the Local Court that investigates violent or unnatural deaths, suspicious fires and/or explosions, but it cannot make orders to punish offenders. Coroners may, however, terminate their proceedings and pass on their findings onto state or federal Directors of Public Prosecutions for initiation of proceedings in another court at their discretion.
The Courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.
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The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a magistratus was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, magistrate is a word applied to a person responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions, magistrates are typically trained volunteers appointed to deal with criminal and civil matters in their local areas.
Judiciary of Malaysia is largely centralised despite Malaysia's federal constitution, heavily influenced by the English common law, as well as Islamic jurisprudence.
District courts are a category of courts which exists in several nations, some call them "small case court" usually as the lowest level of the hierarchy.
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The District Court of New South Wales is the intermediate court in the judicial hierarchy of the Australian state of New South Wales. It is a trial court and has an appellate jurisdiction. In addition, the Judges of the Court preside over a range of tribunals. In its criminal jurisdiction, the Court may deal with all serious criminal offences except murder, treason and piracy. The Court's civil jurisdiction is generally limited to claims less than A$1,250,000.
The District Court of Western Australia is the intermediate court in Western Australia. The District Court commenced in 1970, amid additional stress placed on the existing Magistrates Court and Supreme Court due to the increasing population of Western Australia. At its inception, the Court consisted of four judges: Sydney Howard Good, William Page Pidgeon, Desmond Charles Heenan and Robert Edmond Jones.
In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2010, there were 320 magistrates' courts in England and Wales; by 2020, a decade later, 164 of those had closed. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980.
The courts of Northern Ireland are the civil and criminal courts responsible for the administration of justice in Northern Ireland: they are constituted and governed by the law of Northern Ireland.
The County Court of Victoria is the intermediate court in the Australian state of Victoria. It is equivalent to district courts in the other states.
The High Court of Singapore is the lower division of the Supreme Court of Singapore, the upper division being the Court of Appeal. The High Court consists of the chief justice and the judges of the High Court. Judicial Commissioners are often appointed to assist with the Court's caseload. There are two specialist commercial courts, the Admiralty Court and the Intellectual Property Court, and a number of judges are designated to hear arbitration-related matters. In 2015, the Singapore International Commercial Court was established as part of the Supreme Court of Singapore, and is a division of the High Court. The other divisions of the high court are the General Division, the Appellate Division, and the Family Division. The seat of the High Court is the Supreme Court Building.
The Magistrates Court of South Australia is the lowest level court in the state of South Australia. The Magistrates Court, then known as the Court of Petty Sessions, was established in 1837, by the Court of Sessions Act 1837. It has both original and appellate jurisdiction and hears matters specified in the Magistrates Court Act 1991 (SA).
The Children's Court of New South Wales is a court within the Australian court hierarchy established in 1905. The current iteration was established on 18 January 1988 pursuant to the Children's Court Act 1987 (NSW) which deals with criminal offences committed by children aged over 10 years and under 18 years, as well as with proceedings relating to the care and protection of children. The court is located in the Parramatta Justice Precinct.
The Youth Justice Court of the Northern Territory is an Australian court which hears and determines cases concerning crimes committed by children under the age of 18 years in the Northern Territory.
The Local Court of the Northern Territory is one of two levels of court in the Northern Territory of Australia. It has jurisdiction in civil disputes up to A$250,000, and in criminal cases in the trial of summary offences, and also deals with preliminary matters for indictable offences which are then heard by the Supreme Court of the Northern Territory. There are local courts held in Darwin, Alice Springs, Katherine, Tennant Creek, and some "bush courts" in remote locations.
The Magistrates Court of the Australian Capital Territory is a court of summary jurisdiction that deals with the majority of criminal law matters and the majority of small civil law matters in the Australian Capital Territory, the Jervis Bay Territory and the Australian Antarctic Territory.
The Children's Court of Victoria is a statutory court created in Victoria, Australia. The court deals with criminal offences alleged to be committed by children aged between 10 and 17 and with proceedings concerning children under the age of 17 relating to the care and protection of children.
The basis of the Bahamian Law and legal system lies within the English Common Law tradition. Justices of the Supreme Court, Registrars and Magistrates are all appointed by The Governor-General acting on the advice of the Judicial and Legal Service Commission, which is composed of five individuals who are headed by the Chief Justice as their chairman. The Chief Justice and the Justices of the Court of Appeal, including the President, are appointed by the Governor-General on the recommendation of the Prime Minister after consultation with the Leader of the Opposition. Once appointed, the salaries and other terms of appointment of the Chief Justice, Justices of Appeal and Justices of the Supreme Court cannot be altered to their disadvantage. Justices of the Supreme Court can serve until the age of 65 years and, where agreed among the judge, the Prime Minister and the Leader of the Opposition, may serve until the age of 67. Justices of Appeal can serve until the age of 68 years and, where agreed among the judge, the Prime Minister and the Leader of the Opposition, may serve until the age of 70 years. The law of the Bahamas makes provisions for the appointment of 12 Justices to the Bench of the Supreme Court, inclusive of the Chief Justice, and for five Justices of the Court of Appeal, inclusive of the President. The Chief Justice, as Head of the Judiciary, is an ex officio member of the Court of Appeal, but only sits at the invitation of the President.
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