COMMERCE ASSIGNMENT

Describe in detail the role of the Local Court, District Court and
Supreme Court in New South Wales and the role of the High Court
in Australia.

Local Court:
The purpose of the Local Court is to deal with most criminal matters
including summary offences, which are crimes such as stealing, assault
and possession of drugs. 90% of civil cases begin in the Local Court, which
deals with civil claims up to $ 100 000.

District Court:
The District Court is a trial court, which deals with indictable criminal
offences except murder, treason and piracy. The court also deals with all
motor accident cases, and civil claims from $100 000 to $750 000.

Supreme Court:
The Supreme Court is the highest State court. It has two divisions, the
Trial Division and the Court of Appeal.
The Trial Division deals with serious criminal cases involving murder,
manslaughter and serious drug offences and civil cases over $250 000. To
deliver a guilty or not guilty outcome the Trial division uses a jury, a
panel of ordinary citizens who decide the outcome.
The purpose of the Supreme Court of Appeal is to deal with cases that
have already progressed through the lower courts. This occurs when one
or more parties are not satisfied with the result. A panel of three or five
judges makes the decision.

High Court:
The High Court is the highest court in Australia. It deals with
constitutional and Commonwealth matters and disputes that have
progressed through lower courts. The High Court makes the final decision
as it the final court of appeal.

Costs for civil matters

Local Court
File and originating process, under part 3 of the Local Court Act
2007, in the local Court sitting in its General Division
Retrieve access and to and furnish a copy of a 35 page document
Supply a duplicate recording of 3 sound recorded evidence
Supply a copy of a 6 month old 8 page transcript

Costs
$228.00

Total cost:

$502.30

District Court
File an application for an order for the rehearing of proceedings under
Division 3 of Part 5 of the Civil Procedure Act 2005
Allocate a date for hearing of the proceedings by a judge, a judge
and jury or a judicial registrar
File a requisition for trial by jury
Retain a jury after the first day of trial with the trial running for 10
days
Total cost:

Costs
$604

Supreme Court
File in the Court of Appeal a notice of intention of appeal
File in the Court of Appeal a summons seeking leave to appeal where
a notice of intention to appeal has been fulfilled
File in the Court of Appeal a notice of appeal in proceedings in which
a notice of intention to appeal has been filed
Allocate a date for hearing (by one or more judges, a judge & jury or
an associate judge)
File a requisition for trial by jury
Daily jury retention fee (for a 10 day case)
Prepare appeal papers volumes of no more than 250 pages
Total cost:

Costs
$294
$1052

High Court
Notice of appeal
For the first day of the hearing of a proceeding before the Full Court
For the hearing of a proceedings before the Full Court for each day or
part of a day (not including the first day of hearing) the hearing will
take 12 days
Total cost:

Costs
$2645
$4445
$16280

$24
$147.90
$102.40

$667
$1066
$4356
$6693

$3127
$2053
$1061
$4356
$694
$12637

$23370

Total cost of all costs from each court:

$43,202.30

Summary
From my research I have decided the court system is not accessible for
most people in Australia. Legally everyone in Australia is entitled to use
the court system to obtain justice. However, there are a number of
factors, which prevent normal Australians from using the court system.
Our justice system is supposed to be fair, simple, affordable and
accessible according to Federal Attorney General Robert McClelland in
2009. This is not the case for many Australians.
One of the main reasons why it is difficult for Australians to access legal
services is the high price for anything but the most basic legal issues. For
a civil law matter, which begins in the Local Court and progresses through
to the High Court, costs can be a minimum of $45 500, including costs for
a 10 day case in the Supreme Court and a 12 day hearing in the High
Court. This is more than what most Australians can manage. People who
cannot afford a lawyer can ask for legal assistance from government
funded services but because of serious funding shortages, ongoing help is
often restricted to those on the lowest incomes and only for a limited
range of mainly family law and criminal law issues. The legal system is out
of reach for many Australians. A proper safety net, so that Australians
dont miss out on the legal help they need, should be established.
The issue of delays in the NSW court system has been a concern for many
years according to Rachel Callinan (2002). There is a long process through
the stages of court proceedings. First, there is the time arising from the
cause of action (e.g. time of accident in a civil personal injury case), next
the Pre- trial stage, followed by the listing for the hearing or trial, then the
trial stage, the final judgment and finally, the appeal. This can take from
many months to years and can be very stressful for the person seeking
justice.
Legal language can be extremely difficult for ordinary Australians to
understand. It can make legal proceedings confusing for those going
through them and cause distress if a term is misunderstood. Plain
language law resources are needed so that people who are accessing the
legal system are able to understand what is happening in a court room
and be able to give proper responses.
Overall, the legal system in Australia is not helping citizens attain justice.
There are problems with costs, time delays and a misunderstanding of
legal terminology. Reform is needed so that ordinary Australians have a
fair go.

References
Community Law Australia, (2012). Unaffordable and out of reach. Available at:
http://www.communitylawaustralia.org.au/wpcontent/uploads/2012/07/CLA_Report_Final.pdf [Accessed 15 Mar. 2015].
Districtcourt.justice.nsw.gov.au, (2015). Civil jurisdiction. Available at:
http://www.districtcourt.justice.nsw.gov.au/Pages/forms_fees/forms_fees_civil.aspx
[Accessed 15 Mar. 2015].
Lawfoundation.net.au, (2015). Law and Justice Foundation - Plain Language Law (PLL)
latest issue. Available at:
http://www.lawfoundation.net.au/ljf/app/E96BCF86D523AD85CA2578710004A26C.h
tml [Accessed 15 Mar. 2015].
Localcourt.justice.nsw.gov.au, (2015). Fees. Available at:
http://www.localcourt.justice.nsw.gov.au/Pages/forms_fees/fees.aspx [Accessed 15
Mar. 2015].
Supremecourt.justice.nsw.gov.au, (2015). Fees - Supreme Court New South Wales. [online]
Available at: http://www.supremecourt.justice.nsw.gov.au/supremecourt/sco2_fees.html
[Accessed 15 Mar. 2015].
Wiliam, S. (2015). The Australian court system, The Australian Legal System, Law and the
media: civics and citizenship, SOSE: Economy and Society Year 8, QLD | Online Education
Home Schooling Skwirk Australia. Skwirk.com. Available at: http://www.skwirk.com/p-c_s58_u-496_t-1353_c-5204/qld/sose-economy-and-society/law-and-the-media-civics-andcitizenship/the-australian-legal-system/the-australian-court-system [Accessed 24 Mar. 2015].

LAW AND
SOCIETY

BY: M a h t a a b
Bhuiyan