Legal Groundup

Legal Studies from the ground up

Application Excercise 5j

CIVIL CASE

COURT

ORIGINAL OR APPELLATE                 CIVIL JURISDICTION

Marlon has suffered professionally and personally as a result of Mr Donnell implying on a radio program that he has a criminal record and that he would get the Herald Sun to publish an article about it. Marlon is seeking compensation in court for $150,000.

County or Supreme Court

original civil jurisdiction

Mr Frazzetto has illegally installed a large floodlight in his backyard and it is causing his next door neighbour, Ms Ryan, discomfort, inconvenience and stress, as she cannot sleep at night because the light shines very brightly into her bedroom. Ms Ryan is seeking a remedy to get the floodlight removed.

Magistrates’ Court

original civil jurisdiction

Mason is suing Rainbow Shopping Centre for $200,000 for serious injuries he sustained when he slipped over while walking in the shopping centre. He is in crutches and cannot work.

County or Supreme Court

original civil jurisdiction

Celeste has applied to have her case heard on appeal in another court because she is not satisfied with the amount of damages she was awarded by the County Court.

Supreme Court of Victoria – Court of Appeal

appellate civil jurisdiction

Michaela purchased a washing machine that has turned out to be faulty. The shop she purchased it from won’t exchange it for a new one that works properly, even though she has a receipt. Michaela is therefore seeking $1,500 compensation to be able to buy another one.

Magistrates’ Court – arbitration (claim less than $10,000)

original civil jurisdiction

Felicity is not happy with the Magistrate’s decision in her breach of contract case, and therefore wants her case reviewed by a higher court based on a point of law.

Supreme Court of Victoria – Trial Division

appellate civil jurisdiction