Federal, state and territory superior courts

 

In the Commonwealth court hierarchy, the superior court is the Federal Court of Australia. A special superior federal court called the Family Court also exists, with jurisdiction to hear and decide matters of family law.  Federal judges are appointed by the Governor General on the advice of the government.

In the state and territory court hierarchies the superior courts are called Supreme Courts. Judges are appointed to these courts by the state governor on the advice of the state government. Territory judges are appointed by the executive branch of the territory government.

Superior courts have original jurisdiction, that is, the power to hear cases at first instance. When hearing cases at first instance, the superior courts are presided over by a single judge.

Superior courts may also sit as a court of appeal, to hear appeals from decisions made by lower courts or from a single judge of a superior court. A court of appeal is presided over by either three or five judges and is referred to as a "full court". In the Commonwealth, the appeal court is known as the "Full Court of the Federal Court". The Family Court also has a "Full Court" to hear appeals.

The state courts of appeal are organised in various ways and have different names, for example, "Court of Appeal", "Full Court of the Supreme Court", or "Court of Criminal Appeal".