Supreme Court of New South Wales
Supreme Court of New South Wales | |
---|---|
Queen's Square, Sydney | |
33°52′08″S 151°12′42″E / 33.868918°S 151.211628°E | |
Established | 1823 |
Jurisdiction | New South Wales |
Location | Sydney |
Coordinates | 33°52′08″S 151°12′42″E / 33.868918°S 151.211628°E |
Composition method | Appointment by the governor on the advice of the premier (following consultation with the attorney general and Cabinet) |
Authorized by | Parliament of New South Wales via the:
|
Appeals to | |
Appeals from | District Court of New South Wales Local Court of New South Wales |
Judge term length | Mandatory retirement by age of 72 |
Number of positions | 52 |
Website | supremecourt |
Chief Justice of New South Wales | |
Currently | Justice Andrew Bell |
Since | 7 March 2022 |
Chief Judge at Common Law | |
Currently | Robert Beech-Jones |
Since | 31 August 2021 |
Chief Judge in Equity | |
Currently | Julie Ward |
Since | 15 March 2017 |
The Supreme Court of New South Wales is the highest state
Matters of appeal can be submitted to the New South Wales Court of Appeal and Court of Criminal Appeal, both of which are constituted by members of the Supreme Court, in the case of the Court of Appeal from those who have been commissioned as judges of appeal.
The Supreme Court consists of 52 permanent judges, including the Chief Justice of New South Wales, presently Andrew Bell, the President of the Court of Appeal, 10 Judges of Appeal, the Chief Judge at Common Law, and the Chief Judge in Equity.
The Supreme Court's central location is the Law Courts Building in
History
Background
The first superior court of the Colony of New South Wales (known as the Supreme Court of Civil Judicature) was established by letters patent dated 2 April 1814, known as the Second Charter of Justice of New South Wales. That charter provided that there should be a Supreme Court constituted by a Judge appointed by the King's commission and two Magistrates. The charter also created the Governor's Court and the Lieutenant-Governor's Court. The jurisdiction of the Governor's Court and the Supreme Court extended to Van Diemen's Land (the former name for Tasmania). All three courts were concerned with civil matters only.[1][2]
Establishment
Legislation to establish a new supreme court for both New South Wales and Van Diemen's Land was prepared in
In consequence of this legislation, letters patent establishing the New South Wales Supreme Court were sealed on 13 October 1823, and proclaimed in Sydney on 17 May 1824. They are known as the Third Charter of Justice of New South Wales.
This charter provided that there should be a
The charter also established the office of sheriff; gave precedence to the Chief Justice over all other subjects except the Governor (or acting Governor) of the colony; and allowed the Court to admit persons to be barristers, attorneys, proctors or solicitors as the case may be. Previously, a person had to be admitted as such in the United Kingdom. However, ex-convicts were not permitted to be admitted.
In 1840, a
Also in 1840, the
Supreme Court Judges
Structure and jurisdiction
The court now operates under the Constitution Act 1902 (NSW), the Supreme Court Act 1970 (NSW), and the Civil Procedure Act 2005 (NSW), although provisions on the appointment and removal of judicial officers were incorporated into the state's Constitution in 1992.
The court consists of 52 permanent judges, three Acting Judges of Appeal, two Acting Judges, and an Associate Judge. Permanent judges include the Chief Justice of New South Wales, the President of the Court of Appeal, eleven Judges of Appeal (one of whom is currently the Chief Judge at Common Law), the Chief Judge at Common Law and the Chief Judge in Equity, and 38 Puisne Judges.
The Chief Judge in each trial division also sits in the Court of Appeal from time to time. Occasionally, puisne judges also sit in the Court of Appeal, though this is uncommon.
The court hears very serious cases such as murder and treason, civil cases involving more than $750 000, and civil matters such as wills, injunctions, and admiralty. The court's work at first instance is divided between the Common Law Division, which hears civil, criminal and administrative law matters, and the Equity Division, which hears equity, probate, commercial, admiralty, and protective matters. The court includes the Court of Appeal and the Court of Criminal Appeal which hear appeals from the District Court and the Local Court and from single judges sitting in the Common Law or Equity Divisions. The Court of Appeal also hears appeals from the Land and Environment Court of New South Wales and a number of administrative tribunals.
The Court of Appeal and the Court of Criminal Appeal are respectively the highest civil and criminal courts in the state. To appeal to the High Court of Australia from the Court of Appeal or the Court of Criminal Appeal, special leave must be granted by the High Court.
Appeals from state supreme courts to the High Court are not limited to matters in which a
Court buildings
The Supreme Court of New South Wales was proclaimed in Sydney on 17 May 1824.
Greenway Wing
The inaugural Supreme Court building that is located on the corner of
Greenway was also responsible for designing the nearby
Old Registry Wing
The second structure to house the Court is located immediately the southwest of the Greenway Wing on the corner of Elizabeth Street and St James Road. Designed by
Banco Court wing
Designed by Walter Liberty Vernon and built between 1895 and 1896 in the Federation Free Classical style, the two-storey rich red brick Banco Court building was the third location of the Supreme Court. The Banco Wing is located to the east of the Old Registry building on St James Road and south of the Greenway Wing and makes little reference to the earlier buildings in either style or detailing. The interior of the courtroom has aesthetic significance and is said to be modelled on St Stephen's Court in Dublin. The court building is located in St James' Road, opposite the north-western edge of Hyde Park. Although in some sources it is referred to as "Banco Road Court", the origin of this alternative name is unknown - there is no Banco Road.
Law Courts Building
In 1976 the New South Wales Government completed construction of the Sydney Law Courts building, facing Queen's Square and bounded by
Judges
The current judges serving on the Court as of April 2020[update],[15] and the dates of their appointment, are listed below.
Name | Position | Appointment commenced |
Appointment ended |
Term in office | Comments | Notes |
---|---|---|---|---|---|---|
Andrew Bell | Chief Justice | 5 March 2022 | 2 years, 45 days | President of the Court of Appeal (2019–2022) | [16] | |
Julie Ward | President of the Court of Appeal |
5 March 2022 | 2 years, 45 days | Chief Judge in Equity (2017–2022) | [17] | |
John Basten | Judge of Appeal | 2 May 2005 | 18 years, 353 days | |||
Robert Macfarlan | 8 September 2008 | 15 years, 224 days | ||||
Anthony Meagher | 10 August 2011 | 12 years, 253 days | ||||
Fabian Gleeson | 29 April 2013 | 10 years, 356 days | [18] | |||
Mark Leeming | 3 June 2013 | 10 years, 321 days | [19] | |||
Anthony Payne | 30 March 2016 | 8 years, 20 days | ||||
Richard White | 15 March 2017 | 7 years, 35 days | [20] | |||
Judge | 27 April 2004 | 19 years, 358 days | [21] | |||
AM, RFD |
Judge of Appeal | 23 August 2018 | 5 years, 240 days | [22] | ||
Judge | 15 August 2005 | 18 years, 248 days | ||||
Anna Mitchelmore | Judge of Appeal | 28 March 2022 | [23] | |||
Robert Beech-Jones | Chief Judge at Common Law Judge of Appeal |
31 August 2021 | 2 years, 232 days | [24] | ||
David Hammerschlag | Chief Judge in Equity | 17 March 2022 | 2 years, 33 days | [23] | ||
Judge | 30 January 2007 | 17 years, 80 days | [25] | |||
Carolyn Simpson |
Acting Judge of Appeal | 30 March 2018 | 6 years, 20 days | |||
Judge of Appeal | 11 June 2015 | 29 March 2018 | 2 years, 291 days | |||
Judge | 22 December 1993 | 24 years, 97 days | ||||
Michael Walton | Judge | 8 December 2016 | 25 years, 123 days | Former Vice President & President of the Industrial Court of NSW (December 1998 - December 2016) |
[26][27] | |
Peter Johnson | 1 February 2005 | 19 years, 78 days | ||||
AM |
3 May 2005 | 18 years, 352 days | ||||
AM |
28 August 2006 | 17 years, 235 days | [28] | |||
Ian Harrison | 12 February 2007 | 17 years, 67 days | [29] | |||
Elizabeth Fullerton | 19 February 2007 | 17 years, 60 days | [30] | |||
Nigel Rein | 5 May 2008 | 15 years, 350 days | Judge of the District Court (2002 - 4 May 2008) | [31] | ||
Robert Hulme | 2 March 2009 | 15 years, 48 days | [32] | |||
Michael Slattery |
25 May 2009 | 14 years, 330 days | Judge Advocate General (Australia) | [33] | ||
David Davies | 29 June 2009 | 14 years, 295 days | [34] | |||
Michael Ball | 13 April 2010 | 14 years, 6 days | [35] | |||
Peter Garling RFD | 7 June 2010 | 13 years, 317 days | [36] | |||
John Sackar | 1 February 2011 | 13 years, 78 days | [37] | |||
Ashley Black | 4 July 2011 | 12 years, 290 days | [38] | |||
Christine Adamson | 17 October 2011 | 12 years, 185 days | [39] | |||
Geoffrey Bellew | 31 January 2012 | 12 years, 79 days | [40][41] | |||
James Stevenson | 1 February 2012 | 12 years, 78 days | [40][42] | |||
Robert Beech-Jones | 12 March 2012 | 12 years, 38 days | [43] | |||
Stephen Campbell | 2 May 2012 | 11 years, 353 days | [44] | |||
Richard Button | 12 June 2012 | 11 years, 312 days | [45] | |||
Geoff Lindsay | 6 August 2012 | 11 years, 257 days | [46] | |||
Philip Hallen | Judge | 12 November 2012 | 11 years, 159 days | |||
Associate Judge | 5 July 2010 | 11 November 2012 | 2 years, 129 days | [47] | ||
Francois Kunc | Judge | 8 April 2013 | 11 years, 11 days | [48] | ||
Stephen Robb | 20 June 2013 | 10 years, 304 days | [49] | |||
Rowan Darke | 16 August 2013 | 10 years, 247 days | [50] | |||
Robertson Wright | 25 October 2013 | 10 years, 177 days | [51] | |||
Peter Hamill | 29 April 2014 | 9 years, 356 days | [52] | |||
Helen Wilson | 3 November 2014 | 9 years, 168 days | ||||
Des Fagan | 11 June 2015 | 8 years, 313 days | ||||
Natalie Adams | 5 April 2016 | 8 years, 14 days | ||||
Julia Lonergan | 21 March 2017 | 7 years, 29 days | [20] | |||
Guy Parker | 6 April 2017 | 7 years, 13 days | [53] | |||
Kelly Rees | 5 September 2018 | 5 years, 227 days | [54] | |||
Lea Armstrong | 31 October 2018 | 5 years, 171 days | Formerly the NSW Civil and Administrative Tribunal |
[55] | ||
Trish Henry | 30 January 2019 | 5 years, 80 days | [56] | |||
Mark Ierace | 31 January 2019 | 5 years, 79 days | [57] | |||
Richard Cavanagh | 19 September 2019 | 4 years, 216 days | [58] | |||
Kate Williams | 15 April 2020 | 4 years, 4 days | [59] | |||
Hament Dhanji | 20 September 2021 | 2 years, 212 days | [60] | |||
Elisabeth Peden | 6 April 2022 | [61] | ||||
Monika Schmidt | Acting Judge | 3 February 2020 | 4 years | |||
Judge | 27 July 2009 | 11 September 2019 | 10 years, 46 days | Judge of the Industrial Court of NSW (1993–2009) | [62][58] | |
Joanne Harrison | Associate Judge | 1997 | 26–27 years |
See also
- Chief Justice of New South Wales
- List of judges of the Supreme Court of New South Wales
- List of New South Wales courts and tribunals
- New South Wales Court of Appeal
- New South Wales Court of Criminal Appeal
- NSW Law Reports
- President of the NSW Court of Appeal
References
- ^ "Second Charter of Justice" (PDF). Transcribed from Historical Records of Australia. Founding Documents. 2 April 1814. Retrieved 22 October 2018.
- ^ "Supreme Court of New South Wales". www.records.nsw.gov.au. 19 January 2019. Retrieved 30 January 2019.
- ^ "Third Charter of Justice". Historical Records of Australia. 13 October 1823. Archived from the original on 3 April 2007. Retrieved 8 March 2012.
- ISBN 0-455-19240-5.
- ISBN 1-86287-409-3.
- ^ Graham, Sally (26 May 2000). "Setting the Benchmark". Alumni news. Charles Sturt University. Archived from the original on 19 July 2005. Retrieved 10 February 2008.
- ^ "Media Watch" (PDF). Gazette. Sydney, NSW: The University of Sydney. 1999. p. 14. Archived from the original (PDF) on 28 February 2008. Retrieved 10 February 2008..
- .
- ^ "Sydney Supreme Courthouse (Old Supreme Court)". New South Wales Heritage Database. Office of Environment & Heritage. Retrieved 27 August 2018.
- ^ "UNESCO World Heritage Centre – World Heritage Committee inscribes seven cultural sites on World Heritage List". UNESCO World Heritage Centre website. United Nations. 31 July 2010. Retrieved 25 October 2017.
- .
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- ^ Pearse , Stephen (30 July 2009). "Refit does justice to law courts". FM Magazine. Niche Media. Retrieved 27 August 2018.
- ^ "Judicial officer contract details". SupremeCourt.justice.nsw.gov.au. Retrieved 22 February 2019.
- ^ "New Chief Justice of NSW". NSW Department of Communities and Justice. Retrieved 28 February 2022.
- ^ "New President of the Court of Appeal". NSW Department of Communities and Justice. Retrieved 28 February 2022.
- ^ "Swearing in Ceremony of the Honourable Justice Fabian Gleeson". [2013] NSW Judicial Scholarship 13.
- ^ "Swearing-In Ceremony of the Honourable Justice Mark James Leeming SC". [2013] NSW Judicial Scholarship 23.
- ^ a b Speakman M, NSW Attorney General (8 March 2017). "New NSW Supreme Court judges appointed".
- ^ "Swearing-In Ceremony Of The Honourable Richard Weeks White". [2013] NSW Judicial Scholarship 8.
- ^ Speakman, M Attorney-General (22 August 2018). "Justice Brereton to join the Court of Appeal" (PDF). Retrieved 21 September 2018.
- ^ a b Speakman, M Attorney-General (16 March 2022). "New appointmenbts to strengthen Supreme Court" (PDF). Retrieved 21 March 2022.
- ^ "Media Release - Appointment of Beech-Jones CJ at CL". 11 August 2021. Archived from the original on 13 August 2021.
- ^ "Swearing in Ceremony of the Honourable David Jacob Hammerschlag". [2007] NSW Judicial Scholarship 1.
- ^ "Annual report 1998" (PDF). Industrial Relations Commission of NSW.
- ^ Justice Walton's service as an IRC judicial member counts towards his service as a Judge of the Supreme Court pursuant to Part 18 of Schedule 4 to the Industrial Relations Act 1996 as inserted by the Industrial Relations Amendment (Industrial Court) Act 2016 (NSW)
- ^ "Swearing in Ceremony of the Honourable Derek Michael Price". [2006] NSW Judicial Scholarship 12.
- ^ "Swearing in Ceremony of the Honourable Ian Gordon Harrison". [2007] NSW Judicial Scholarship 3.
- ^ "Swearing in Ceremony of the Honourable Elizabeth Fullerton SC". [2007] NSW Judicial Scholarship 2.
- ^ "Swearing-In Ceremony of the Honourable Nigel Rein". [2008] NSW Judicial Scholarship 11.
- ^ "Swearing-In Ceremony of the Honourable Robert Hulme". [2009] NSW Judicial Scholarship 5.
- ^ "Swearing-In Ceremony of the Honourable Michael Slattery QC". [2009] NSW Judicial Scholarship 9.
- ^ "Swearing-In Ceremony of the Honourable David Davies SC". [2009] NSW Judicial Scholarship 10.
- ^ "Swearing-In Ceremony of the Honourable Michael Ball". [2010] NSW Judicial Scholarship 14.
- ^ "Swearing-In Ceremony of the Honourable Peter Garling RFD SC". [2010] NSW Judicial Scholarship 13.
- ^ "Swearing-In Ceremony of the Honourable John Sackar QC". [2011] NSW Judicial Scholarship 2.
- ^ "Swearing-In Ceremony of the Honourable Ashley Black". [2011] NSW Judicial Scholarship 20.
- ^ "Swearing-In Ceremony of the Honourable Christine Adamson SC". [2011] NSW Judicial Scholarship 34.
- ^ a b Smith, G NSW Attorney-General (8 December 2011). "Judicial Appointments for NSW" (PDF).
- ^ "Swearing-In Ceremony of the Honourable Geoffrey Bellew". [2012] NSW Judicial Scholarship 3.
- ^ "Swearing-In Ceremony of the Honourable James Stevenson". [2012] NSW Judicial Scholarship 8.
- ^ "Swearing-In Ceremony of the Honourable Robert Beech-Jones". [2012] NSW Judicial Scholarship 15.
- ^ "Swearing-In Ceremony of the Honourable Stephen Campbell". [2012] NSW Judicial Scholarship 23.
- ^ "Swearing-In Ceremony of the Honourable Richard Button". [2012] NSW Judicial Scholarship 25.
- ^ "Swearing-In Ceremony of the Honourable Geoffrey Charles Lindsay". [2012] NSW Judicial Scholarship 31.
- ^ "Swearing-In Ceremony of the Honourable Phillip Hallen SC". [2010] NSW Judicial Scholarship 15.
- ^ "Swearing-In Ceremony of the Honourable Francois Kunc SC". [2013] NSW Judicial Scholarship 14.
- ^ "Swearing-In Ceremony of the Honourable Justice Stephen Robb QC". [2013] NSW Judicial Scholarship 20.
- ^ "Swearing in Ceremony of the Honourable Justice Rowan James Hunter Darke SC". [2013] NSW Judicial Scholarship 28.
- ^ "Swearing in Ceremony of the Honourable Justice Robertson Wright". [2013] NSW Judicial Scholarship 38.
- ^ "Swearing-In Ceremony of the Honourable Peter Hamill SC". [2014] NSW Judicial Scholarship 24.
- ^ Speakman, M Attorney-General (15 March 2017). "New NSW Supreme Court judge appointed" (PDF).
- ^ Speakman, M Attorney-General (22 August 2018). "Leading female silk elevated from bar to bench" (PDF). Retrieved 21 September 2018.
- ^ "Law Society congratulates Lea Armstrong". www.lawsociety.com.au. Retrieved 22 February 2019.
- ^ Speakman, M Attorney-General (5 December 2018). "New Supreme Court and Court of Appeal judges" (PDF). Retrieved 28 January 2019.
- ^ Speakman, M Attorney-General (21 December 2018). "Senior Public Defender joins the judiciary". Retrieved 28 January 2019.
- ^ a b Speakman, M Attorney-General (4 September 2019). "Senior barrister joins Supreme Court bench" (PDF). Retrieved 28 February 2020.
- ^ Speakman, M Attorney-General (1 April 2020). "Top female silk joins Supreme Court bench" (PDF). Retrieved 11 June 2020.
- ^ "Sydney silk to become Supreme Court judge". NSW Department of Communities and Justice. 8 September 2021. Retrieved 7 March 2022.
- ^ "Swearing-In Ceremony of the Honourable Elisabeth Mary Peden as a Judge of the Supreme Court of New South Wales" (PDF). Supreme Court of New South Wales. 6 April 2022. Archived (PDF) from the original on 28 March 2023.
- ^ Hatzistergos, J (2 July 2009). "Media Release: IR Judge appointed to NSW Supreme Court" (PDF).
External links
- Media related to Supreme Court of New South Wales at Wikimedia Commons
- "First Charter of Justice" (PDF). Transcribed from Historical Records of Australia. 2 April 1787.
- Constitution Act 1902 (NSW), Part 9 The judiciary
- Supreme Court Act 1970 (NSW)
- Civil Procedure Act 2005 (NSW)
- "Supreme Court – Our History". Lawlink NSW. Retrieved 28 May 2005.
- Chief Justices of New South Wales – Law and History 2: LawlinkNSW
- Brief Overview of the Jurisdiction of the Supreme Court of New South Wales