What court should I start in?

The court you start in will depend on the law you are challenging or legal issue you are experiencing.

Each court has a range of issues that are part of its original jurisdiction‘Original jurisdiction’ gives a court authority to hear a case first.  This means that if you have a legal issue and you want to take it to court, your first attempt must be at the court with ‘Original Jurisdiction’ over the issue. Note: ‘Original jurisdiction’ can also be called ‘first instance jurisdiction.’ More – these are usually decided by legislation.

For example, some serious crimes and civil claims of over $100,000 must be heard in the County Court.

As a case progresses the court you are in may change. And sometimes, new facts come to light that mean you have to change courts.

Appealing a decision can also change the court that can hear your case.

For example, an appealAn appeal is when a higher court reviews the decision made by a lower court. If an appeal is successful, the higher court can change the lower court’s decision or order the lower court to hear the matter again. More from the County Court might be heard in the Supreme Court, and an appealAn appeal is when a higher court reviews the decision made by a lower court. If an appeal is successful, the higher court can change the lower court’s decision or order the lower court to hear the matter again. More from the Supreme Court might be heard in the High Court.

 

The following articles will help you understand what court to start in: