Types of courts and their roles

Introduction

There are two levels of court in the Northern Territory (NT):

These courts hear 2 main types of cases, civil and criminal.

Civil

A civil case is a dispute not involving a criminal offence. This can be between one or more people, organisations or businesses and often involves money.

Whether a civil case is heard on the Local or Supreme Court depends on nature of the complaint and the amount of money the claims involves.

Civil matters also include adoption and child protection matters.

Criminal

A criminal case is where a person is charged with a criminal offence by police or another authority.

Whether a criminal case is heard in the Local or Supreme Court depends on the nature and seriousness of the offence.

Local Court and Supreme Court judges

In the NT, judges now sit in both the newly formed Local Court and the Supreme Court.

There are no longer any sitting magistrates in the NT. The Magistrates Court is now known as the Local Court.

There are 6 Supreme Court judges and 14 Local Court judges in the NT.

All Supreme Court judges are based in Darwin but travel on rotation to Alice Springs.

The Chief Judge of the Local Court and 8 Local Court judges are based in Darwin, 4 are in Alice Springs and one presides in Katherine.

All Local Court judges travel to other remote locality courts in the NT, such as Tennant Creek, Borroloola, Yuendumu and Nhulunbuy.


Local Court

Local Courts are held in Darwin, Alice Springs, Katherine, Tennant Creek and some bush courts.

Types of cases in the Local Court

There are several smaller courts within the Local Court that deal with different areas of law.

They are all of the following:

  • common criminal offences such as drink driving, stealing and assault
  • civil disputes involving debts, damages or other actions under $100,000 – these matters are on the daily court list under Local Court
  • committal hearings for more serious crimes such as murder, robbery and sexual assault
  • small claims
  • family matters
  • young people under 18 years old in the Youth Justice Court
  • coronials or inquests into deaths
  • workers’ compensation claims.

How the Local Court works

There is no jury in the Local Court.

The judge sits on the bench and it is their job to decide on a verdict. The court is open to public and media, unless the magistrate orders it to be closed. 

The court officer calls out the cases and handles documents between the judge and lawyers.

Contact details and maps

Darwin

GPO Box 1281
Darwin NT 0801

Nichols Place
Corner Cavenagh and Bennett Streets
Darwin NT 0800

Alice Springs

PO Box 1394
Alice Springs NT 0871

Parsons Street
Alice Springs NT 0870

Katherine

PO Box 1694
Katherine NT 0851

Court House
First Street
Katherine NT 0850



Find out more contact details and information on the Local Court website.


Youth Justice Court

The Youth Justice Court hears charges against young offenders who are under 18 years old when they are charged or appear in court.

If the offence is particularly serious, the case may be transferred to the Supreme Court for trial or sentencing.

For more information go to young people in court.


Supreme Court

The Supreme Court is the highest court in the Northern Territory (NT). It hears both civil and criminal cases.

It is made up of a chief justice, judges and the master, who are appointed by the Administrator of the Northern Territory.

Civil cases

Civil cases are usually heard by a single judge. Some cases may be referred to a full court or the Court of Appeal which is heard by three judges.

Criminal cases

Most criminal cases are heard in front of a panel of twelve people in the community that make up the jury and a judge. 

The jury makes a decision on whether the defendant is guilty based on the evidence they hear in court. 

The judge decides what punishment a person should receive if they are found guilty, known as sentencing.

Appeals

For civil cases, appeals are made to the Court of Appeal.

For criminal cases, appeals are made to the Court of Criminal Appeal.

Appeals from these two courts are made to the High Court of Australia.

Contact details

Darwin

GPO Box 3946
Darwin NT 0801

Supreme Court Building
State Square
Darwin NT 0800

Find contact details for the registry office.

Find contact details for the sheriff's office.

Alice Springs

GPO Box 1394
Alice Springs NT 0871

Law Courts Building
Corner Hartly and Parsons Street
Alice Springs NT 0870


Find out more information and further contact details, go to the Supreme Court website.


Federal courts

High Court of Australia

This is the highest court in the Australian judicial system. 

It is in Canberra, although it can sit in other parts of Australia.

Decisions made by the High Court are final and cannot be appealed.
 
Most High Court cases are appeals from a state or territory court.
 
Sometimes a case can go before the High Court without first being heard in another court.
 
Find out more information on the High Court of Australia website.

Federal Court of Australia

The Federal Court of Australia hears court cases under federal law in all of the following areas:

  • bankruptcy
  • taxation
  • industrial disputes
  • actions under the Competition and Consumer Act 2010
  • copyright and patent matters
  • judicial review decisions made by Federal government officers. 

The registry of the Federal Court of Australia is on the third floor of the Supreme Court in Darwin.
 
Find out more information on the Federal Court of Australia website.

Family Court of Australia

The Family Court of Australia sits in Darwin and deals with family law cases. 

It also hears applications involving de facto relationships and children.
 
Appeals are made to a panel of judges called the Full Court of the Family Court. In special circumstances, cases may be referred to the High Court.

The registry of the Family Court in Darwin is on the ground floor of the Supreme Court.