Commonwealth courts
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The Family Court of Australia and the Federal Circuit Court of Australia merged in 2021. It is now called the Federal Circuit and Family Court of Australia.
This court deals with cases under the Family Law Act 1975 (Cth) and the Child Support (Assessment) Act 1989 (Cth). A decision of a single FCFCOA judge can be appealed to the full FCFCOA (i.e. three Family Court judges). A decision by the full FCFCOA can be appealed to the High Court.
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Although state Supreme Courts can hear matters involving Commonwealth law (i.e. they have federal jurisdiction), the Federal Court can also hear these cases. In some circumstances, the Federal Court can also hear state matters.
The Federal Court’s business includes industrial disputes, actions under the Competition and Consumer Act 2010 (Cth) and bankruptcy matters. The Federal Court also hears appeals of decisions of the Commonwealth Administrative Review Tribunal (ART).
A decision of a single Federal Court judge can be appealed to the full Federal Court (i.e. three Federal Court judges). A decision by the full Federal Court can be appealed to the High Court.
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The High Court is the highest court in Australia. Appeals may be made to it from state Supreme Courts, although generally the High Court gives leave to appeal only when important points of law need to be decided. Some matters may be heard directly by the High Court (e.g. constitutional matters).
The High Court’s decisions are binding on all states, so a decision on a case appealed from a Victorian Supreme Court to the High Court will (usually) result in a decision by the High Court that is binding on all other state courts.
Commonwealth Courts
Chapter: 1.2: An introduction to the courts
Contributor: Gregory Connellan, Magistrate, Magistrate’s Court of Victoria
Current as of: 1 September 2024
Law Handbook Page: 21
Next Section: Tribunals
