Commonwealth courts and tribunals

At the Commonwealth (national) level there is the:

• Federal Magistrates Court
• Federal Court
• Family Court
• High Court.

The jurisdiction of the Federal Magistrates Court (link below) includes family law and some child support, administrative law, bankruptcy, unlawful discrimination, consumer protection and trade practices, privacy, migration, copyright, industrial law and admiralty (maritime) law.

The Federal Court hears cases such as industrial disputes and bankruptcy matters. It has jurisdiction to hear appeals from the Administrative Appeals Tribunal appeals and Federal Magistrates Court (not family law appeals).

The Family Court (link below) hears family law matters, including divorce, property, maintenance and issues with children, such as contact and residence. The Family Court focuses on achieving results that are in the best interest of children and encouraging people to come to their own agreements using mediation and counselling.

The High Court (link below) is the most senior court in the system. It usually only hears appeals where cases have already been argued in other courts, but either the judges could not agree or there is thought to have been a serious mistake made. A decision of the High Court is binding on all other Australian courts. The only cases that go straight to the High Court are disputes between governments. If the states are in conflict, or the Federal Government wants to do something the states are not happy with, the High Court can decide what is allowed and what is not.

Commonwealth tribunals

Commonwealth tribunals do a variety of things. Some develop and apply policy. Others help people to resolve disputes by coming to an agreement. Others determine disputes in a way similar to a court. Most tribunals do a combination of these things. Many have powers to investigate situations and enforce the law.

Federal tribunals include the:

• Administrative Appeals Tribunal (link below), which reviews administrative decisions by a range of government and non-government bodies
• Australian Competition and Consumer Commission (ACCC) (link below), which regulates Australian business competition, fair trading, consumer protection and pricing matters
• Australian Human Rights Commission (AHRC) (formerly Human Rights and Equal Opportunity Commission) (link below), which investigates and tries to resolve complaints about discrimination
• Australian Industrial Relations Commission (link below), which deals with industrial disputes about such things as wages, employment conditions and termination of employment
• Migration Review Tribunal and Refugee Review Tribunal (link below), which review certain decisions about visas to travel to, enter or stay in Australia
• Social Security Appeals Tribunal (link below), which hears appeals against Centrelink and most Child Support Agency decisions, and some decisions by the Department of Veterans' Affairs.

More information

Commonwealth family law

You and family law: a short guide

Administrative Appeals Tribunal

Australian Competition and Consumer Commission

Australian Human Rights Commission

Australian Industrial Relations Commission

Family Court

Federal Court

Federal Magistrates Court

High Court

Migration Review Tribunal and Refugee Review Tribunal

Social Security Appeals Tribunal

How we can help

Call Legal Help for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

Our other free legal services include:

• advice at our offices and other locations across Victoria
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For some matters we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services see What we do.