The Supreme Court of Queensland is the highest court in the Australian State of Queensland.[1] It was formerly the Brisbane Supreme Court, in the colony of Queensland.
The original jurisdiction of the Supreme Court allows its trial division to hear civil matters involving claims of more than $750,000; criminal matters involving serious offences (including murder and manslaughter); and matters arising under the Corporations Act 2001 (Cth) and cross-vesting legislation.[1] A jury decides whether the defendant is guilty or not guilty. The division also hears all civil matters involving amounts of more than $750,000. A jury may decide these disputes.
The appellate jurisdiction of the Supreme Court allows its Court of Appeal to hear cases on appeal from the District Court, the trial division of the Supreme Court, and a number of other judicial tribunals in Queensland.[1] Decisions made by the Supreme Court may be taken on appeal to the High Court of Australia in Canberra only by a grant of special leave of the High Court of Australia.
History
The Supreme Court of Queensland was founded on 7 August 1861, with the assent of the Supreme Court Constitution Amendment Act 1861 (Qld). Two subsequent pieces of legislation, including the Additional Judge Act 1862 (Qld) and the Supreme Court Act 1863 (Qld), were also necessary to establish the court's operating system.[2]
Initially, the Brisbane Supreme Court served as the Supreme Court for all of Queensland. As the colony's population grew, two other courts were constructed. The first sittings of the Northern Supreme Court were held at Bowen in 1874 and the Bowen Court House was built in 1880 in a classical revival style. The Central Supreme Court was officially opened at Rockhampton in 1896. After the opening of the Central Supreme Court at Rockhampton, the Northern Supreme Court moved from Bowen to Townsville. Justice Virgil Power, who served as the first Judge of the Central Supreme Court, was the first Queensland-born Supreme Court Judge. As the population of Queensland has grown, additional courts have been built at locations such as Bundaberg, Mackay, Cairns, Longreach, Maryborough, Roma and Townsville.[2]
Although the Brisbane Supreme Court initially served the needs of the entire colony of Queensland, it did not occupy a purpose-built building until 1879. Until then, the Brisbane Court sat at the Old Convict Barracks in Queen Street. These barracks were in disrepair and a number of improvements, including new sets of windows, had to be constructed to allow the continued sitting of the Court. Furthermore, on Sundays, the area of the barracks used by the Court was also used as a church. Although the Court's surroundings were not elaborate, Parliament did provide an annual grant towards the establishment of a Supreme Court Library from 1861 to 1879.[2]
By 1870, despite minor building modifications to the convict barracks, it had become clear that a new building was required to house the Brisbane Supreme Court. A site on George Street was selected and the prominent colonial architect, Francis Drummond Greville Stanley, submitted plans for an elaborate neoclassical building which was two storeys tall. These original plans featured stone floors and other sophisticated details. They were later modified for financial reasons and in 1875 John Petrie successfully tendered to construct the building.[2]
Supreme Court building, Brisbane, c.1891Architectural plans for the first Law Courts, constructed 1880
On 6 March 1879, the new Supreme Court opened. The entrance on the North Quay frontage had been designed as the main entrance but this was soon superseded by the George Street entrance. In 1880, iron gates were also added to the building. In 1931, the Queensland Public Works Department provided funds for the renovation of the interior of the Brisbane Supreme Court.[2]
On the night of 2 September 1968, the building that housed the Brisbane Supreme Court was damaged by arson.[3] It was subsequently demolished, and in 1976, it was replaced with a building designed by Bligh Jessup Bretnall and was opened by Queensland Governor Sir James Ramsay on 3 September 1981.[2]
In 1989, Justice Angelo Vasta was removed from the court by Queensland Governor on the request of the Parliament. This was the first time since federation that any state had used that method to remove a sitting judge from a Supreme Court.[4] Vasta was found to be not "a fit and proper person to continue in office" after giving false evidence to an investigation related to the Fitzgerald Inquiry.
In 2008, a $600 million building program began to create a new Brisbane Supreme Court and District Court building, designed by Architectus Brisbane, led by Prof John Hockings. The building is known as the Queen Elizabeth II Courts of Law and was officially opened on Friday 3 August 2012 by Queensland Governor Penelope Wensley. It incorporates a public plaza and links to the existing Brisbane Magistrates Court building.[5] The precinct occupies an entire city block between George, Roma, and Turbot streets.[2]
In 1991 the Queensland Supreme Court was restructured into two divisions, the Trial Division and the Court of Appeal. The Court is headed by the Chief Justice of Queensland (currently Chief Justice Helen Bowskill) who sits in both the Trial Division and the Court of Appeal.
The Court of Appeal comprises the President (currently President Debra Mullins) and four Judges of Appeal, who sit only in the Court of Appeal. Proceedings in the Court of Appeal are usually heard by three judges. The Trial Division comprises a number of trial judges and is headed by the Senior Judge Administrator (currently Justice Ann Lyons). Proceedings in the Trial Division are heard by one trial judge. Most trial division judges also rotate through the Court of Appeal, usually for three week periods.
Appeals from:
The Trial Division is heard by the Court of Appeal; and
Angelo Vasta, the first Superior Court judge removed from office through an act of Parliament
Facilities
The Supreme Court sits mainly in the Queen Elizabeth II Courts of Law in Brisbane, which also houses the District Court.[5] The court began operating out of this facility on 27 August 2012, prior to which it was located in the Law Courts Complex.[5]
The court also has judges permanently appointed to sit in Rockhampton, Townsville and Cairns, and regularly sits in other regional districts.[6]
Sir Samuel Walker Griffith was an Australian judge and politician who served as the inaugural Chief Justice of Australia, in office from 1903 to 1919. He also served a term as Chief Justice of Queensland and two terms as Premier of Queensland, and played a key role in the drafting of the Australian Constitution.
The governor of Queensland is the representative in the state of Queensland of the monarch, currently King Charles III. In an analogous way to the governor-general at the national level, the governor performs constitutional and ceremonial functions at the state level. In particular the governor has the power to appoint and dismiss the premier of Queensland and all other ministers in the Cabinet, and issue writs for the election of the state parliament.
Sir Walter "Wally" Benjamin Campbell, was an Australian judge, administrator and governor. He was the Chief Justice of the Supreme Court of Queensland, Chancellor of the University of Queensland and the 21st Governor of Queensland from 1985 to 1992.
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. Whilst the Supreme Court is the highest New South Wales court in the Australian court hierarchy, an appeal by special leave can be made to the High Court of Australia.
The Supreme Court of Western Australia is the highest state court in the Australian State of Western Australia. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters.
The Supreme Court of South Australia is the superior court of the Australian state of South Australia. The Supreme Court is the highest South Australian court in the Australian court hierarchy. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. The Court is composed of a Chief Justice and as many other judges as may be required.
The District Court of Queensland(QDC) is the second tier in the court hierarchy of Queensland, Australia. The Court deals with serious criminal offences such as rape, armed robbery and fraud. Juries are used to decide if defendants are guilty or not guilty.
Sir Pope Alexander Cooper was an attorney-general and a chief judge of the Supreme Court of Queensland, Australia.
Sir James William Blair was an Australian politician, lawyer and judge. He was a successful politician, being elected to the Queensland Parliament on several occasions. He held the office of Attorney-General of Queensland and was also the Minister for Mines and introduced many successful law reforms measures in Queensland. In latter life, he took up an appointment as a judge of the Supreme Court of Queensland and went on to become the Chief Justice of that court. Blair took on many civic roles including that of Chancellor of the University of Queensland.
Sir (John) Mostyn Hanger was a judge in Queensland, Australia. He was Chief Justice of Queensland and Administrator of Queensland.
Charles Edward Chubb was a judge in the Supreme Court of Queensland, Australia. He was also a Member of the Queensland Legislative Assembly and an Attorney-General of Queensland.
Justice Henry George Fryberg was a Justice of the Supreme Court of Queensland, Australia.
Russell Wigton Skerman was a judge of the Supreme Court of Queensland from 1962 to 1973. Skerman was the Northern Judge based in Townsville, Northern Queensland from 1962 to 1970. In 1970, he transferred to the Supreme Court in Brisbane until his retirement in 1973. He was also an acting judge of the Supreme Court in Townsville for two months in May and June 1953.
The Queen Elizabeth II Courts of Law, also referred to as the Brisbane Supreme and District Court, is a court building located at 415 George Street in Brisbane, Queensland, Australia.
His Honour the Honourable Ratcliffe Pring was a lawyer, politician and the first Attorney-General in colonial Queensland.
Jean Hazel Dalton is justice of the Supreme Court of Queensland in the Trial Division. She was appointed to the court in 2011.
Timothy Francis Carmody is an Australian judge who was the Chief Justice of Queensland between 8 July 2014 and 1 July 2015. His previous roles include work as a police officer, barrister, Queensland Crime Commissioner, Family Court of Australia judge, and Chief Magistrate of the Magistrates Court of Queensland. He also presided over the 2013 Child Protection Commission of Inquiry.
Sir Joseph Aloysius Sheehy KBE was an Australian jurist and Senior Puisne Judge of the Queensland Supreme Court. He also served as Administrator of the Government of Queensland in 1965 and 1969, and as Queensland's Lieutenant-Governor, Deputy Governor, Acting Governor and Acting Chief Justice on several occasions.
Angelo Vasta QC was a prominent Queen's Counsel and judge of the Supreme Court of Queensland. He was the first superior court judge with an Italian background to be appointed in Queensland, and the second to be appointed in Australia.
↑ Campbell, Enid; Lee, H. P.; Campbell, Enid Mona (2013). The Australian Judiciary. Cambridge University Press. pp.120–121. ISBN978-0521769167. Archived from the original on 7 March 2016. Retrieved 15 October 2015.
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