What the courts offer

By
State
Court/Tribunal Jurisdiction What they offer
Court of Appeal of Western Australia Determines appeals from decisions from single Supreme Court justices and other courts. Same as the Supreme Court.
Supreme Court of Western Australia Unlimited jurisdiction except as to constitutional matters and matters arising under federal law. Award of damages (unlimited).

Equitable remedies such as injunction and the issue of declarations.

Issue of prerogative writs for the review of administrative decisions including prohibition, mandamus and certiorari.

Family Court of Western Australia Unlimited jurisdiction in family matters Declare partners’ rights in respect of property and make consequential orders to give effect to that declaration.

Order the payment of child maintenance and make parenting orders it thinks proper.

District Court of Western Australia Unlimited jurisdiction in personal injury claims

Jurisdiction to award up to $750,000 in other matters and to grant incidental equitable relief

Damages up to $750,000.

Equitable remedies (e.g. injunction and declaration) sought in a defence or counterclaim, but only to the extent necessary to deal with the Plaintiff’s claim.

Magistrates Court of Western Australia
Jurisdiction to award up to $75,000.

Jurisdiction over residential tenancy matters and dividing fences.

Do not have jurisdiction to deal with claims for disputed land.

Damages up to $75,000.

An equitable claim seeking only an amount of money no more than $75,000.

Orders to recover unlawfully detained personal property worth less than $75,000.

State Administrative Tribunal Jurisdiction to review certain decisions made under Western Australia legislation including planning and development, guardianship, disciplinary proceedings and state taxation. May affirm or vary the decision. May also substitute a new decision.
Western Australian Industrial Relations Commission Jurisdiction to deal with Western Australian industrial matters including salaries and conditions and unfair dismissal. Reinstatement or reemployment in another suitable position.

Orders it considers necessary to maintain the continuity of the employment.

If reinstatement is impractical, order compensation of no more than 6 months’ pay.

Other remedies specified in the legislation.

 

Federal
Court/Tribunal Jurisdiction What they offer
High Court of Australia Appellate Court with original jurisdiction in constitutional and certain other matters Award of damages to an unlimited amount.

Equitable remedies such as injunction and the issue of declarations.

Issue of prerogative writs for the review of administrative decisions including prohibition, mandamus and certiorari (as ancillary relief).

Federal Court of Australia Unlimited jurisdiction in federal matters including corporations, trade practices and bankruptcy. Also able to hear matters arising under the Constitution. Identical to High Court, except where limited by statute.

Also has the power to issue specific remedies granted to it by legislation (e.g. corrective advertising).

Federal Circuit Court of Australia
Shares jurisdiction with the Family Court and the Federal Court of Australia in most matters. It primarily deals with migration, bankruptcy and family law matters. Power to make orders in relation to matters in its jurisdiction “as it thinks appropriate”.

Remedies granted to it by legislation including wide-ranging powers to review administrative decisions.

Administrative Appeals Tribunal (AAT)
Jurisdiction to review certain decisions made under federal legislation including social security, taxation, veteran’s affairs and workers’ compensation. May affirm or vary the decision. May also substitute a new decision.
Migration Review Tribunal Jurisdiction to review certain decisions made under the Migration Act. May affirm or vary the decision. May also substitute a new decision.
Refugee Review Tribunal Jurisdiction to review certain decisions relating to refugee visas under the Migration Act. Same as for the Migration Review Tribunal.
Fair Work Commission Jurisdiction to make decisions and hear disputes under the Fair Work Act in matters including unfair dismissal claims, industrial action and workplace agreements. Reinstatement and compensation for unfair dismissal applications.

Conciliation and mediation conferences.

Other remedies specified in the legislation.

 

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