District Court of Western Australia

Last updated

District Court of Western Australia
Coat of arms of Western Australia.svg
District Court building in Perth, Western Australia.jpg
The District Court building in Perth
Established1 Apr 1970
JurisdictionFlag of Western Australia.svg  Western Australia
LocationHeadquartered in Perth with 12 country registries located in Albany, Broome, Bunbury, Busselton, Carnarvon, Derby, Esperance, Geraldton, Kalgoorlie, Karratha, Kununurra, and South Hedland.
Composition method Governor appointed by the recommendation of Cabinet.
Authorized by Parliament of Western Australia via the: District Court Act 1969 (WA)
Appeals to Supreme Court of Western Australia
Appeals from Magistrates Court of Western Australia
Judge term lengthMandatory retirement by age of 70
Website https://districtcourt.wa.gov.au/
Chief Judge
CurrentlyJulie Anne Wager
Since2 May 2020

The District Court of Western Australia is the intermediate court in Western Australia. The District Court commenced in 1970, amid additional stress placed on the existing Magistrates Court and Supreme Court due to the increasing population of Western Australia. [1] At its inception, the Court consisted of four judges: Sydney Howard Good, William Page Pidgeon, Desmond Charles Heenan and Robert Edmond Jones. [2]

Contents

In the Criminal jurisdiction it hears serious, indictable criminal offences for which the maximum penalty is 25 years imprisonment.In the Civil jurisdiction, the District Court hears civil claims of up to $750 000 and has unlimited jurisdiction in claims for damages in personal injury cases.Decisions from the Magistrates Court and some tribunals can be appealed against in the District Court. The court is low in the Australian court hierarchy.

The current Chief Judge of the District Court is Julie Anne Wager, who has held the position since 2 May 2020. [3]

History

Prior to the District Court's commencement, Western Australia's court system had two tiers: the lower tier consisting of the Court of Petty Sessions and the Local Court; and the upper tier consisting solely of the Supreme Court. The Supreme Court held jurisdiction over all indictable criminal offences and civil matters, whilst the Court of Petty Sessions held jurisdiction over summary criminal offences, committal jurisdiction for indictable offences, whilst the Local Court had jurisdiction to hear civil claims not exceeding $1,000, and not on categories of claims including ejectment, title to land, wills, libel, slander, seduction or breach of promise of marriage. [4] The most distinct separation in decision making was between the jurisdiction of judges, who were officers of the Supreme Court, and stipendiary magistrates and Justices of the Peace of the lower Courts. [4]

Following World War II, Western Australia experienced positive annual population growth of approximately 3%. The population grew from 481,530 in 1944 to 954,846 by 1969. [5] During this period and towards the beginning of the 1960s, public interest in establishing an intermediary Court began, [1] as the court system experienced an increased volume of legal matters. A particular example is the near doubling of divorce petitions heard by the Supreme Court, increasing from 570 in 1960 to 1,006 in 1968. [4]

Whilst the issues were identified in the middle of the 1960s, government officials delayed the introduction of the Court in order to consult legal professionals and their bodies, such as the Law Society of Western Australia. A sub-committee within the Law Society was established and recommended a District Court that would serve the entire Western Australian state, [1] with a base in Perth and rotational registrars in other localities. An alternative proposal was investigated by the then Chief Justice of the Supreme Court of Western Australia, Sir Albert Wolff KCMG, which would be to establish an intermediary court in the north of Western Australia to accommodate growing populations. [1]

The District Court of Western Australia Act 1969 was passed by both Houses of the Western Australian Parliament on 17 November 1969, [6] with the District Court commencing on 1 April 1970 following a proclamation by the Governor Douglas Kendrew on 26 March. [7] According to Griffith (1969), the District Court was introduced to "enable adequate administration of justice in our expanding community." [4] Griffith (1969) identified four key advantages to establishing a District Court, being (a) decentralising the legal profession to serve areas outside of Perth, (b) enabling Western Australia to legislate for uncontentious divorce petitions to be heard in the District Court, (c) preventing backlog in the Supreme Court, and (d) to establish a flexible judicial system for future administration of justice. [4]

The District Court has introduced judicial features to assist the expedience of the court process. An example is the introduction of case management for criminal cases by Chief Judge Antoinette Kennedy, which reduced criminal proceeding durations by 56 weeks to an average of 20 weeks. [8] A more recent development has been the introduction of electronic document filing and trial systems for civil proceedings. [1]

Jurisdiction

Unlike other Australian District Courts, the District Court of Western Australia is not an inferior court in respect of its criminal justidiction. [9] It is a superior court, meaning it has unlimited jurisdiction for criminal matters and derives its power from legislation.

The District Court is given the jurisdiction to hear criminal cases. [10] At introduction, the District Court only had jurisdiction over indictable offences where the maximum punishment was less than 14 years, as these matters were tried in the Supreme Court. [11] As the judicial system has reformed, the District Court now has jurisdiction over all indictable offences except for murder, manslaughter, attempts to unlawfully kill and the offence of preventing the birth of a live child. [12] The District Court can hear appeals to reconsider the factual evidence from a primary court such as the local court. [13]

The District Court also holds jurisdiction to determine civil actions. Initially, the limit on claimable sum was $6,000 at the Court's inception, [11] but that has since been increased to a limit of $750,000. [14] It is unclear whether or not the District Court can exercise equitable jurisdiction, [15] however the District Court held that its legislating act does not expressly confer on the Court jurisdiction to grant the equitable remedy of specific performance. [16]

Appeals can be made against decisions of the District Court. Appeals are made to the Court of Appeals division of the Supreme Court. [17]

Rules

Cases determined in the District Court must follow the District Court Rules 2005 (WA). [18] Between 1996 and 2005, District Court cases were required to abide by the District Court Rules 1996 (WA). [19] These rules include the filing and service of court documents, [20] rules regarding pre-trial case management, [21] rules regarding the submission and handling of evidence, [18] and rules regarding appeals heard in the District Court. [22]

In addition, cases heard in the District Court must also follow the rules of the Supreme Court, [23] unless there is an inconsistency in which case the District Court Rules 2005 (WA) prevails. [24]

Buildings

Central Law Courts building, which is the current residence of the Magistrates Court Central Law Courts, Perth, Western Australia.jpg
Central Law Courts building, which is the current residence of the Magistrates Court

Perth Registry

The District Court was initially situated in the Old Supreme Court Building in Perth, but moved to the Public Trust Office in 1971 where it sat for ten years until 1982. [1] The District Court then moved to the Central Law Courts which finished construction and was opened in 1982. [1] The Central Law Courts initially housed both the Perth District Court registry and the lower courts, [25] however by the 1990s and 2000s it was recognised that the District Court had accumulated systemic backlog and had outgrown the Central Law Courts building. [26]

St Georges Hall facade as part of the District Court Building St Georges Hall facade.jpg
St Georges Hall facade as part of the District Court Building

The District Court's current residence at 500 Hay Street was the location of the former St George's Hall, [26] which was an entertainment theatre built in 1879. Its portico façade is heritage listed, [27] and was retained on the external walls of the Courthouse after considerable liaison with the Heritage Council. [28]

The present District Court building began construction in 2005, with the building being completed in 2008. [26] Its location is opposite the Central Law Courts Building, and there is a subterranean connection between the two buildings. [26] The building has fifteen levels, with a total of 24 courtrooms and 32 judges’ chambers. [26]

Circuit Courts

The District Court has 12 other registries, located at Albany, Broome, Bunbury, Busselton, Carnarvon, Derby, Esperance, Geraldton, Kalgoorlie, Karratha, Kununurra, and South Hedland, which hear predominantly criminal trials. 737 total criminal hearings, including both sentencing hearings and trials, were heard in the Circuit courts in 2019. [29] In the year 2000, the District Court allocated 120 ‘judge weeks’ to all 12 Circuit courts, [11] with this increasing to around 140 weeks by 2019. [29]

Judicial Appointments

Appointment criteria

The District Court of Western Australia Act 1969 introduced criteria for the appointment of judges. Judges are appointed by the Governor of Western Australia, [30] and enjoy tenure of office on the condition of good behaviour, although the Governor can "upon the address of both Houses of Parliament, remove any District Court judge from his office and revoke his commission". [31] As with Supreme Court judges, District Court judges have a mandatory retirement age of 70 years. [32] Judges are eligible for appointment if they are admitted lawyers in Australia, and have no less than eight years of legal experience. [30]

Auxiliary judges can also be appointed for a period not exceeding 12 months, where a judge of the District or Supreme Courts has exceeded the age of retirement. [33] Auxiliary judges are appointed where there are pending proceedings that a retiring judge is involved in, so that the hearing or determination can be completed by the retiring judge. [33]

Following the introduction of the Children's Court of Western Australia, District Court judges may simultaneously hold judicial office in the Children's Court. [34]

Chief Judges

At its inception, the District Court had four serving judges, with Sydney Good appointed as the first Chairman of Judges. [35] The title of Chairman of Judges was later changed to Chief Judge, during the tenure of Desmond Heenan. [36] To date there have been eight Chief Judges. [35]

Chief JudgePeriod of tenure as Chief Judge
Sydney Good1970 - 1977
William Pidgeon1977 - 1982
Desmond Heenan1982 - 1995
Kevin Hammond1995 - 2004
Antoinette Kennedy2004 - 2010
Peter Martino2010 - 2015
Kevin Sleight2015 - 2020
Julie Wager2020–present

Current Judges

The District Court of Western Australia currently has 34 judges, including the Chief Judge Julie Wager and one auxiliary judge, Bruce Goetze. [35]

Chief JudgeDate of appointment
Julie Wager28/01/2005; appointed Chief Judge 02/05/2020
JudgesDate of appointment
Andrew Stavrianou10/04/2006
Troy Sweeney SC03/07/2006
Michael Bowden06/03/2007
Christopher Stevenson03/12/2007
John Staude08/03/2010
Timothy Sharp02/08/2010
David Parry20/06/2011
Mark Herron01/07/2013
Vicki Stewart28/10/2014
Laurence Levy SC08/12/2014
Linda Petrusa SC02/06/2015
Michael Gething12/02/2016
Alan Troy23/03/2016
Belinda Lonsdale09/01/2017
Fiona Vernon09/01/2018
Hylton Quail09/01/2018
Kathleen Glancy09/01/2018
Wendy Gillan12/02/2018
John Prior06/03/2018
Amanda Burrows SC15/03/2018
Stephen Lemonis01/02/2019
David MacLean14/01/2020
Charlotte Wallace14/01/2020
Mara Barone SC06/05/2020
Martin Flynn03/08/2020
Gary Massey03/08/2020
Karen Shepherd03/08/2020
Sarah Russell01/12/2020
Carmel Barbagallo SC01/02/2021
Lisa Tovey09/06/2021
Natalie Whitby09/06/2021
Christian Miocevich23/08/2021
Bruce Goetze (Auxiliary Judge)04/11/2020

Related Research Articles

The courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.

<span class="mw-page-title-main">Magistrate</span> Officer of the state, usually judge

The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a magistratus was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, a magistrate was responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions, magistrates are typically trained volunteers appointed to deal with criminal and civil matters in their local areas.

In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction, which is restricted to civil cases involving monetary amounts with a specific limit, or criminal cases involving offenses of a less serious nature. A superior court may hear appeals from lower courts. For courts of general jurisdiction in civil law system, see ordinary court.

<span class="mw-page-title-main">District court</span> Category of courts

District courts are a category of courts which exists in several nations, some call them "small case court" usually as the lowest level of the hierarchy. These include:

<span class="mw-page-title-main">Judiciary of Hong Kong</span> Law courts in the special administrative region of China

The Judiciary of the Hong Kong Special Administrative Region is the judicial branch of the Hong Kong Special Administrative Region. Under the Basic Law of Hong Kong, it exercises the judicial power of the Region and is independent of the executive and legislative branches of the Government. The courts in Hong Kong hear and adjudicate all prosecutions and civil disputes, including all public and private law matters.

The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matters of both federal and State law.

<span class="mw-page-title-main">Supreme Court of New South Wales</span> Superior court of New South Wales, Australia

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.

<span class="mw-page-title-main">Supreme Court of Western Australia</span> Highest court in the State of Western 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.

<span class="mw-page-title-main">Magistrates' court (England and Wales)</span> Lower court in the criminal legal system of England and Wales

In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2010, there were 320 magistrates' courts in England and Wales; by 2020, a decade later, 164 of those had closed. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980.

The courts of Northern Ireland are the civil and criminal courts responsible for the administration of justice in Northern Ireland: they are constituted and governed by the law of Northern Ireland.

<span class="mw-page-title-main">Supreme Court of Singapore</span> National supreme court

The Supreme Court of Singapore is a set of courts in Singapore, comprising the Court of Appeal and the High Court. It hears both civil and criminal matters. The Court of Appeal hears both civil and criminal appeals from the High Court. The Court of Appeal may also decide a point of law reserved for its decision by the High Court, as well as any point of law of public interest arising in the course of an appeal from a court subordinate to the High Court, which has been reserved by the High Court for decision of the Court of Appeal.

<span class="mw-page-title-main">County Court of Victoria</span> Principal trial court of the state of Victoria, Australia

The County Court of Victoria is the intermediate court in the Australian state of Victoria. It is equivalent to district courts in the other states.

<span class="mw-page-title-main">High Court of Singapore</span> Lower division of national supreme court

The High Court of Singapore is the lower division of the Supreme Court of Singapore, the upper division being the Court of Appeal. The High Court consists of the chief justice and the judges of the High Court. Judicial Commissioners are often appointed to assist with the Court's caseload. There are two specialist commercial courts, the Admiralty Court and the Intellectual Property Court, and a number of judges are designated to hear arbitration-related matters. In 2015, the Singapore International Commercial Court was established as part of the Supreme Court of Singapore, and is a division of the High Court. The other divisions of the high court are the General Division, the Appellate Division, and the Family Division. The seat of the High Court is the Supreme Court Building.

<span class="mw-page-title-main">Court of Appeal of Singapore</span> Supreme appellate court of Singapore

The Court of Appeal of Singapore is the highest court in the judicial system of Singapore. It is the upper division of the Supreme Court of Singapore, the lower being the High Court. The Court of Appeal consists of the chief justice, who is the president of the Court, and the judges of the Court of Appeal. The chief justice may ask judges of the High Court to sit as members of the Court of Appeal to hear particular cases. The seat of the Court of Appeal is the Supreme Court Building.

<span class="mw-page-title-main">Supreme Court of Norfolk Island</span> Superior court for the Australian territory of Norfolk Island

The Supreme Court of Norfolk Island is the superior court for the Australian territory of Norfolk Island. It has unlimited jurisdiction within the territory in civil matters and hears the most serious criminal matters. It also has jurisdiction over the Coral Sea Islands Territory. All matters are heard before a single judge, including appeals from the Court of Petty Sessions. In the Australian court hierarchy, it is one of eight state and territory Supreme Courts having unlimited jurisdiction in their respective parts of Australia. Appeal lies to the Federal Court of Australia, from which an appeal by special leave can be made to the High Court of Australia.

<span class="mw-page-title-main">Magistrates Court of South Australia</span> Lowest level court in South Australia

The Magistrates Court of South Australia is the lowest level court in the state of South Australia. The Magistrates Court, then known as the Court of Petty Sessions, was established in 1837, by the Court of Sessions Act 1837. It has both original and appellate jurisdiction and hears matters specified in the Magistrates Court Act 1991 (SA).

The Circuit Court of Ireland is an intermediate level court of local and limited jurisdiction which hears both civil and criminal matters. On the criminal side the Circuit Court hears criminal matters tried on indictment with a judge and jury, except for certain serious crimes which are tried in either the Central Criminal Court or the Special Criminal Court. On the civil side the Circuit Court has a considerable parallel jurisdiction — including equitable remedies — with the High Court but normally cannot award damages of more than €75,000. The Circuit Court also hears de novo appeals from the District Court in both civil and criminal matters.

<span class="mw-page-title-main">Children's Court of Queensland</span>

The Children's Court of Queensland is a specialized court in Queensland, a state of Australia which deals with serious crimes committed by children under the age of seventeen years in the state.

<span class="mw-page-title-main">Law of The Bahamas</span>

The basis of the Bahamian Law and legal system lies within the English Common Law tradition. Justices of the Supreme Court, Registrars and Magistrates are all appointed by The Governor-General acting on the advice of the Judicial and Legal Service Commission, which is composed of five individuals who are headed by the Chief Justice as their chairman. The Chief Justice and the Justices of the Court of Appeal, including the President, are appointed by the Governor-General on the recommendation of the Prime Minister after consultation with the Leader of the Opposition. Once appointed, the salaries and other terms of appointment of the Chief Justice, Justices of Appeal and Justices of the Supreme Court cannot be altered to their disadvantage. Justices of the Supreme Court can serve until the age of 65 years and, where agreed among the judge, the Prime Minister and the Leader of the Opposition, may serve until the age of 67. Justices of Appeal can serve until the age of 68 years and, where agreed among the judge, the Prime Minister and the Leader of the Opposition, may serve until the age of 70 years. The law of The Bahamas makes provisions for the appointment of 12 Justices to the Bench of the Supreme Court, inclusive of the Chief Justice, and for five Justices of the Court of Appeal, inclusive of the President. The Chief Justice, as Head of the Judiciary, is an ex officio member of the Court of Appeal, but only sits at the invitation of the President.

The Supreme Court of Tonga is the superior court in Tonga. It hears criminal and civil cases and acts as an appellate court for Tonga's inferior courts, the Magistrates' Courts.

References

  1. 1 2 3 4 5 6 7 Wager, J. (2021). History of the District Court of Western Australia. Brief, 48(2), 10–15.
  2. ↑ "Past Judges" . Retrieved 12 December 2021.
  3. ↑ "Judges" . Retrieved 19 August 2020.
  4. 1 2 3 4 5 Anthony Griffith. "Parliamentary Hansard for Legislative Council 16 October 1969". pp. 1579–1581. Retrieved 13 December 2021.
  5. ↑ "A Century of Population Change in Western Australia" . Retrieved 15 December 2021.
  6. ↑ District Court of Western Australia Act 1969 (WA).
  7. ↑ Parliament of Western Australia. (1970). "Government Gazette for 26 March 1970" (PDF). Retrieved 13 December 2021.
  8. ↑ Fletcher, C. (2010). An Interview with Chief Judge Antoinette Kennedy. University of Western Australia Law Review, 35(1), 197–203.
  9. ↑ Ex Parte: Love v Ackland [1989] WASC 316.
  10. ↑ District Court of Western Australia Act 1969 (WA) s 42 Criminal Jurisdiction.
  11. 1 2 3 Hammond, K., & O’Brien, K. (2000). The District Court of Western Australia : 30 years on. Brief, 27(8), 7–11.
  12. ↑ District Court of Western Australia Act 1969 (WA) s 42(2) Criminal Jurisdiction.
  13. ↑ District Court Rules 2005 (WA) r 50 Appeal, nature of.
  14. ↑ District Court of Western Australia Act 1969 (WA) s 6 Terms used in this Act.
  15. ↑ Owen-Conway, S. (1979). The equitable jurisdiction of the inferior courts in Western Australia. University of Western Australia Law Review, 14(1-2), 150–165.
  16. ↑ (1982). Judicial Decisions. Commonwealth Law Bulletin, 8(2), 490-589.
  17. ↑ District Court of Western Australia Act 1969 (WA) s 79 Appeal to the Court of Appeal.
  18. 1 2 District Court Rules 2005 (WA)
  19. ↑ District Court Rules 1996 (WA)
  20. ↑ District Court Rules 2005 (WA) Part 3 - Filing and service of documents.
  21. ↑ District Court Rules 2005 (WA) Part 4 - Case Management.
  22. ↑ District Court Rules 2005 (WA) Part 6 - Appeals to the Court.
  23. ↑ Rules of the Supreme Court 1971 (WA)
  24. ↑ District Court Rules 2005 (WA) r 6
  25. ↑ "2001 Annual Review of Western Australian Courts" (PDF). Retrieved 27 December 2021.
  26. 1 2 3 4 5 . The New District Court of Western Australia. Brief, 35(4)
  27. ↑ "St George's Hall Portico and Facade" . Retrieved 31 December 2021.
  28. ↑ Kennedy, A. (2008). The ceremonial opening of the new District Court building. Brief, 35(6), 28-31.
  29. 1 2 "2019 Annual Review District Court of Western Australia" (PDF).
  30. 1 2 District Court of Western Australia Act 1969 (WA) s 10 Appointment, qualifications and seniority.
  31. ↑ District Court of Western Australia Act 1969 (WA) s 11 Tenure of office and oath of office.
  32. ↑ Judges' Retirement Act 1937 (WA)
  33. 1 2 District Court of Western Australia Act 1969 (WA) s 18A Auxiliary appointments.
  34. ↑ Children's Court of Western Australia Act 1988 (WA)
  35. 1 2 3 (2021). District Court of Western Australia judges. Brief, 48(2), 24–27.
  36. ↑ Offer, K. (1998). The Judges of Western Australia: Part II. University of Western Australia Law Review, 7(28), 248-254.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.