HOME

TheInfoList



OR:

The Local Court of New South Wales is the lowest court in the judicial hierarchy of the Australian
state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * '' Our ...
of
New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , e ...
. 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 Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jur ...
to deal with the majority of minor civil and
criminal In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Ca ...
matters. Matters are heard before a single
magistrate 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 judici ...
sitting without a
jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England du ...
, addressed as "Your Honour" or "Sir" (but no longer "Your worship"). The Local Court has no jurisdiction for claims in equity. On
appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
, matters may be heard by the
District Court of New South Wales 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 ra ...
including appeals against the sentence or conviction decided in the Local Court. 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. Judge Johnstone succeeded Judge Graeme Henson, appointed in 2006.


History

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. The first Court of Petty Session's courthouse was constructed in 1821 at Windsor, northwest of Sydney.


Structure and jurisdiction

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 offence A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offen ...
s (i.e., offences of a less serious nature) and indictable offences; licensing issues (as the Licensing Court); industrial matters; and mining matters. 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 Order An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in par ...
s (AVOs). The local court has limited jurisdiction under the to hear and determine
family law Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage ...
matters. The local court can deal with applications such as
property settlement Division of property, also known as equitable distribution, is a judicial division of property rights and obligations between spouses during divorce. It may be done by agreement, through a property settlement, or by judicial decree. Distributio ...
s and residence orders. 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 a division within the Local Court that hears matters involving minors, or those that have not yet reached the age of 18, and is a closed court (i.e., the general public may not attend).
The press ''The Press'' is a daily newspaper published in Christchurch, New Zealand owned by media business Stuff Ltd. First published in 1861, the newspaper is the largest circulating daily in the South Island and publishes Monday to Saturday. One comm ...
can attend but may not publish the identity of the offender. 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.


See also

*
Courthouses in New South Wales Courthouses in New South Wales were designed by the Colonial Architect, later known as the Government Architect of New South Wales, Australia. History of New South Wales Local Courts The first New South Welsh Charter of Justice of 2 April 1787 ...
*
List of New South Wales courts and tribunals The following is a list of courts and tribunals in New South Wales: List of sitting boards, commissions, courts, and tribunals Sitting courts The primary courts currently sitting in New South Wales are: * Court of Appeal of New South Wales * ...
* Victims Compensation Tribunal


References


External links

*
Practice Notes - Local Courts New South Wales
{{Australian Courts New South Wales courts and tribunals