4 Mar 2026We hear a lot about legal cases being argued in court and judgments being handed down. But why does a person appear in one court and not another? What do the various courts in NSW actually do?
Structure of courts in NSW
The court structure in Australia is shaped like a pyramid. At the base level in NSW is the Local Court of NSW, presided over by a magistrate. This is where most civil and criminal cases first enter the judicial system. (Please see New South Wales courts and tribunals, NSW Government, 1 April 2025.)
In NSW, local courts hear summary offences such as traffic offences, civil matters involving up to $100,000 damages, bail and apprehended domestic violence orders. (Please see Hot Topics: Courts and Tribunals, State Library NSW, September 2021.)
The District Court of NSW hears indictable criminal offences, such as sexual assault and damages matters up to $750,000. It hears bail applications and some appeals from the Local Court. (Please see Court hierarchy and jurisdiction – NSW, Rule of Law Education Centre.)
The Supreme Court of NSW hears serious indictable offences, such as murder, unlimited damages claims like personal injury, defamation and contract, bail applications and appeals from local courts on questions of law.
Specialised courts in NSW
The Children’s Court of NSW hears criminal matters where the accused offender is aged ten to eighteen. (Please see Criminal cases for children and young people, 8 September 2023.)
The Coroners Court of NSW investigates unnatural and suspicious deaths, as well as fires and explosions, and makes recommendations for charges to be pursued. (Please see First steps, examinations, investigations and the Coronial process, Coroners Court of NSW, 29 April 2025.)
The Drug Court of NSW is more informal, aiming to provide people with drug dependencies with an alternative to prison. (Please see About us, Drug Court of NSW, 2 October 2025.)
The Land and Environment Court of NSW hears planning and environment disputes. (Please see Issues in focus, Land and Environment Court of NSW.)
Appeals in courts in NSW
Three judges sit in the Court of Appeal to hear appeals against decisions on civil law by judges in the Supreme Court and the District Court. Appeals on criminal judgments and sentences go to the Court of Criminal Appeal.
You can’t appeal just because you don’t like a decision. Appeals have to be based on proving the original judge made a significant error of law, such not giving the correct instruction to a jury, the defendant being denied procedural fairness, or a judgment not being supported by the evidence.
Appeals must be lodged within 28 days and include an affidavit setting out the grounds for appeal.
At the top of the pyramid is the High Court of Australia, in Canberra. where seven judges hear appeals against decisions of the Court of Appeal.
The High Court also hears conflicts involving the constitution and state vs federal law. This is the end of the line. No further appeals are possible after the High Court issues its decision.
Federal courts administering Commonwealth law
There are also federal courts which administer Commonwealth law. (Please see Courts, Australian Government, Attorney-General’s Department.)
The Federal Circuit and Family Court of Australia deals with family law, immigration and welfare law.
The Federal Court mostly deals with corporate law and trade practices.
Other courts in NSW
In addition to the courts listed above, there is a string of tribunals and commissions which deal with disputes over workplace and trade, environment and neighbours, dust diseases, tenants and landlords, government actions, discrimination and human rights.
It would be wise to get legal advice on how best to pursue a dispute you might have in a court or a tribunal, and it is very important to have legal representation for your defence if you face charges of any type.
