Magistrates Court of Tasmania | |
---|---|
42°52′45″S147°19′46″E / 42.879198°S 147.329429°E | |
Jurisdiction | Tasmania |
Location | Hobart, Devonport, Burnie and Launceston |
Coordinates | 42°52′45″S147°19′46″E / 42.879198°S 147.329429°E |
Composition method | Vice-regal appointment unpon Premier's nomination, following advice of the Attorney General and the Executive Council. |
Authorised by | Parliament of Tasmania via the: Magistrates Court Act 1987 (TAS) |
Appeals to | Supreme Court of Tasmania |
Judge term length | Mandatory retirement by age of 70 |
Number of positions | 15 |
Website | www.magistratescourt.tas.gov.au |
Chief Magistrate | |
Currently | C J Geason |
Deputy Chief Magistrate | |
Currently | M F Daly |
This article is part of a series on the |
Politics of Tasmania |
---|
Constitution |
The Magistrates Court of Tasmania is the main day-to-day court in the Australian state of Tasmania and exists in accordance with the laws handed down by the Tasmanian Parliament. The Court is an inferior court to the Supreme Court of Tasmania and, in terms of the Australian court hierarchy, is at the bottom level.
The Court has jurisdiction in a number of areas, including less serious criminal matters, civil claims involving less than $50,000 or where the parties consent, certain administrative appeals, child protection, youth justice, and coronial matters.
The majority of the Court's workload is in less serious (or "summary") offences; the Court also has jurisdiction over serious (or "indictable") crimes where the value of the property involved, or the nature of the crime, means that the matter may be heard by the Magistrates Court of Tasmania according to Tasmanian law. Criminal matters in the Magistrates Court are generally heard by a single magistrate sitting alone and do not involve a jury.
Serious criminal matters are heard by the Supreme Court of Tasmania after having been "committed" to the Supreme Court by the Magistrates' Court. This committal no longer involves an examination of whether or not the defendant has a case to answer but is normally a formal procedural step.
The Court also deals with civil disputes involving property valued at less than $50,000. Disputes involving $5,000 or less are heard by the Court's Civil Division as a minor civil claim.
Appeals from the Magistrates' Court of Tasmania in all matters are to a single judge of the Supreme Court of Tasmania.
The Magistrates' Court of Tasmania operates from four courthouses in Tasmania, located in Burnie, Devonport, Launceston and Hobart. All of these courthouses operate on a full-time basis and provide circuit courts to more regional and remote parts of the state of Tasmania.
The current list of magistrates of the Magistrates' Court of Tasmania are: [1]
In the United States, a state court is a law court with jurisdiction over disputes with some connection to a U.S. state. State courts handle the vast majority of civil and criminal cases in the United States; the United States federal courts are far smaller in terms of both personnel and caseload, and handle different types of cases. States often provide their trial courts with general jurisdiction and state trial courts regularly have concurrent jurisdiction with federal courts. Federal courts are courts of limited jurisdiction and their subject-matter jurisdiction arises only under federal law.
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions within a country, not to be confused with the medieval system of county courts held by the high sheriff of each county.
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.
The Judiciary of the Hong Kong Special Administrative Region is the judicial branch of the Hong Kong Special Administrative Region. Under the Basic Law of Hong Kong, it exercises the judicial power of the Region and is independent of the executive and legislative branches of the Government. The courts in Hong Kong hear and adjudicate all prosecutions and civil disputes, including all public and private law matters.
The Supreme Court of Tasmania is the highest State court in the Australian State of Tasmania. Together with the Magistrates Court, it forms the judiciary in Tasmania. In the Australian court hierarchy, the Supreme Court of Tasmania is in the middle level, with both an appellate jurisdiction over lower courts, and decisions made by Court to be heard on appeal by the High Court of Australia.
The Supreme Court of South Australia is the superior court of the Australian state of South Australia. The Supreme Court is the highest South Australian court in the Australian court hierarchy. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. The Court is composed of a Chief Justice and as many other justices as may be required.
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 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.
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.
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 Circuit Court of Ireland is an intermediate level court of local and limited jurisdiction which hears both civil and criminal matters. On the criminal side the Circuit Court hears criminal matters tried on indictment with a judge and jury, except for certain serious crimes which are tried in either the Central Criminal Court or the Special Criminal Court. On the civil side the Circuit Court has a considerable parallel jurisdiction — including equitable remedies — with the High Court but normally cannot award damages of more than €75,000. The Circuit Court also hears de novo appeals from the District Court in both civil and criminal matters.
The District Court of Queensland(QDC) is the second tier in the court hierarchy of Queensland, Australia. The Court deals with serious criminal offences such as rape, armed robbery and fraud. Juries are used to decide if defendants are guilty or not guilty.
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 District Court of New Zealand is the primary court of first instance of New Zealand. There are 59 District Court locations throughout New Zealand. The court hears civil claims of up to $350,000 and most criminal cases. It is governed by the District Court Act 2016, which replaced the earlier District Courts Act 1947 as well as the District Court Rules which are periodically revised by the Rules Committee.
The courts of South Africa are the civil and criminal courts responsible for the administration of justice in South Africa. They apply the law of South Africa and are established under the Constitution of South Africa or under Acts of the Parliament of South Africa.
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.
The Judiciary of Virginia is defined under the Constitution and law of Virginia and is composed of the Supreme Court of Virginia and subordinate courts, including the Court of Appeals, the Circuit Courts, and the General District Courts. Its administration is headed by the Chief Justice of the Supreme Court, the Judicial Council, the Committee on District Courts, the Judicial Conferences, the Judicial Inquiry and Review Commission, and various other offices and officers.