Local Court of New South Wales
The Local Court of New South Wales is the lowest court in the judicial hierarchy of the Australian state of New South Wales. Formerly known as the Court of Petty Sessions and the Magistrates Court, there are more than 160 branches across New South Wales where the Local Court has jurisdiction to deal with the majority of minor civil and criminal matters.
History
In 1788, following the landing of the First Fleet and establishment of the Colony of New South Wales, the power and authority of the first criminal and civil courts in the Colony of New South Wales were vested by the Charter of Justice.The first Court of Petty Sessions' courthouse was constructed in 1821 at Windsor, northwest of Sydney.
The court has also been known as the Magistrates Court.
Structure and jurisdiction
There are more than 160 branches across New South Wales where the Local Court has jurisdiction to deal with the majority of minor civil and criminal matters.The Local Court of New South Wales hears civil matters of a monetary value of up to $100,000; mental health matters; family law and/or child care matters; adult criminal proceedings, including committal hearings, and summary prosecutions for summary offences and indictable offences; licensing issues ; industrial matters; and mining matters. In addition to this, the Local Court, via its Small Claims Division, hears claims for less than $10,000 and also hears applications for Apprehended Violence Orders. The local court has limited jurisdiction under the to hear and determine family law matters. The local court can deal with applications such as property settlements and residence orders.
A magistrate can sentence offenders to imprisonment for no more than two years per offence, and no more than the maximum of five years for multiple offences.
The Chief Magistrate of the Local Court is Judge Michael Allen, former Deputy Chief Magistrate, who was appointed in July 2024. Judge Allen succeeded Judge Peter Johnstone, appointed in 2021.
The Coroner's Court of New South Wales is a division within the Local Court that investigates violent or unnatural deaths, suspicious fires and/or explosions, but it cannot make orders to punish offenders. Coroners may, however, terminate their proceedings and pass on their findings onto state or federal Directors of Public Prosecutions for initiation of proceedings in another court at their discretion.
Functioning
Matters are heard before a single magistrate sitting without a jury, addressed as "Your Honour" or "Sir". The Local Court has no jurisdiction for claims in equity.On appeal, matters may be heard by the District Court of New South Wales including appeals against the sentence or conviction decided in the Local Court.