Supreme Court of New South Wales

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Supreme Court of New South Wales
Coat of Arms of New South Wales.svg
Supremecourtnsw.jpg
The Law Courts Building in Queen's Square, Sydney
Supreme Court of New South Wales
33°52′08″S151°12′42″E / 33.868918°S 151.211628°E / -33.868918; 151.211628
Established1823
JurisdictionFlag of New South Wales.svg  New South Wales
Location Sydney
Coordinates 33°52′08″S151°12′42″E / 33.868918°S 151.211628°E / -33.868918; 151.211628
Composition method Vice-regal appointment upon Premier's nomination, following advice of 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 lengthMandatory retirement by age of 72
Number of positions52
Website supremecourt.justice.nsw.gov.au
Chief Justice of New South Wales
CurrentlyJustice Andrew Bell AC
Since7 March 2022 (2022-03-07)
Chief Judge at Common Law
Currently Robert Beech-Jones
Since31 August 2021 (2021-08-31)
Chief Judge in Equity
Currently Julie Ward
Since15 March 2017 (2017-03-15)

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.

Contents

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 Queen's Square, Sydney, New South Wales.

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 London by James Stephen, counsel to the Colonial Office, and Francis Forbes, Chief Justice of Newfoundland and Chief Justice-designate of New South Wales. The act was called an "Act to provide for the better administration of justice in New South Wales and Van Diemen's Land and for the more effectual government thereof" and is numbered as 4 Geo. 4. c. 96. The statute was passed on 19 July 1823. [3]

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 Chief Justice for the colony of New South Wales in the Island of New Holland (as the continent of Australia was then known), as well as other judges, a registrar, a prothonotary, a master, and a Keeper of Records and such other Officers as may be necessary for the administration of Justice in the colony.

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 Port Phillip division of the Court was created, consisting of a single Resident Judge, to exercise the court's jurisdiction in the Port Phillip District of the Colony of New South Wales. [4] The division existed until 1852, when it was replaced by the Supreme Court of Victoria following the creation of the Colony of Victoria. [5]

Also in 1840, the Parliament of New South Wales established a separate equity division in the court. Limited jurisdiction in divorce cases was granted in 1873 and full Admiralty jurisdiction was added in 1911. The Supreme Court, in 1972, was one of the last Common Law jurisdictions in the world to fuse the administration of Equity and Common Law, although these continue as the historic names for the two divisions of the court. This process began in the United Kingdom with the passage of the Judicature Acts in 1873. Since 1930, three generations of the Street family have served New South Wales as Chief Justice.

Supreme Court Judges Carolyn Simpson, Margaret Beazley and Virginia Bell made headlines in April 1999 when the three sat in the Court of Criminal Appeal in Sydney. [6] The Judges threw out an appeal from a convicted computer hacker who had, out of "sheer maliciousness", been posting offensive messages on Ausnet's homepage. According to the Women Lawyers Association of NSW, there had never been an all-female bench in England or New Zealand at the time. [7]

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 federal question arises and the Constitution empowers the Federal Parliament to make laws vesting state courts with federal jurisdiction. The High Court of Australia can review decisions of the Supreme Court of New South Wales in relation to the common law and equitable jurisdictions of the court as well. The High Court of Australia has exercised this power on a number of occasions.

Court buildings

The Supreme Court of New South Wales was proclaimed in Sydney on 17 May 1824.

Greenway Wing

Greenway Wing on King Street King Street Court House, Sydney.jpg
Greenway Wing on King Street

The inaugural Supreme Court building that is located on the corner of King Street and Elizabeth Street in the Sydney central business district, adjacent to what is now known as Queen's Square, was built between 1820 and 1828. The two-storey rectangular Georgian building, with an additional loggia and cornice added in 1868, was designed by Francis Greenway in 1819 under the direction of Governor Macquarie. This building is now called the Greenway Wing. Greenway was dismissed before the building was completed and its design was so modified by his successor, Standish Lawrence Harris, that the building barely resembles his original design. The building was occupied by the Supreme Court from 1827. In the 1860s James Barnet designed additions for the building including an arcaded loggia along the King Street façade and the new classical cornice and parapet for the roof, giving the structure a Victorian Italianate appearance. The building was added to the New South Wales State Heritage Register on 2 April 1999. [8] [9]

Greenway was also responsible for designing the nearby Hyde Park Barracks, recorded on the UNESCO World Heritage List, and St James' Church, listed on the New South Wales State Heritage Register. [10] [11] [12]

Old Registry Wing

The Old Registry building, the second structure to house the Court, completed in 1862, looking east across Elizabeth Street. 1 Old Registry Office.JPG
The Old Registry building, the second structure to house the Court, completed in 1862, looking east across Elizabeth Street.

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 Government Architect Alexander Dawson, it is one of only two Government buildings which were designed in the Victorian Free Gothic style, the other being the nearby Land Titles Office. Built between 1859 and 1862 and listed on the New South Wales State Heritage Register on 2 April 1999, the site is now known as the Old Registry Building. Barnet extended the Old Registry building in 1875 and 1886. [13]

Banco Court wing

Banco Road Court St James Road Court (Banco Court) NSW Supreme Court 20190104.jpg
Banco Road Court

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 Phillip Street and Macquarie Street. The 27-storey 33,000-square-metre (360,000 sq ft) building is owned by Law Courts Limited, a company whose shareholders comprise the Government of Australia and the Government of New South Wales. The building houses the High Court of Australia (when it sits in Sydney), the Federal Court of Australia and the NSW Supreme Court. The building was designed by architects McConnel Smith and Johnson and received an RAIA Merit Award in 1977 and stands as a strong, singular statement representative of its time and a product of the brutalist school of architecture. Refurbished in 2009 at a cost of A$214 million, a range of sustainability measures were implemented to extend the life and amenity of the building. [14]

Judges

The current judges serving on the Court as of April 2020, [15] and the dates of their appointment, are listed below.

NamePositionAppointment
commenced		Appointment
ended		Term in officeCommentsNotes
Andrew Bell Chief Justice 5 March 20222 years, 20 daysPresident of the Court of Appeal (2019–2022) [16]
Julie Ward President of the Court of Appeal 5 March 20222 years, 20 daysChief Judge in Equity (2017–2022) [17]
John Basten Judge of Appeal2 May 200518 years, 328 days
Robert Macfarlan 8 September 200815 years, 199 days
Anthony Meagher 10 August 201112 years, 228 days
Fabian Gleeson 29 April 201310 years, 331 days [18]
Mark Leeming 3 June 201310 years, 296 days [19]
Anthony Payne 30 March 20167 years, 361 days
Richard White 15 March 20177 years, 10 days [20]
Judge27 April 200419 years, 333 days [21]
Paul Brereton AM, RFD Judge of Appeal23 August 20185 years, 215 days [22]
Judge15 August 200518 years, 223 days
Anna Mitchelmore Judge of Appeal28 March 2022 [23]
Robert Beech-Jones Chief Judge at Common Law
Judge of Appeal		31 August 20212 years, 207 days [24]
David Hammerschlag Chief Judge in Equity17 March 20222 years, 8 days [23]
Judge30 January 200717 years, 55 days [25]
Carolyn Simpson Acting Judge of Appeal30 March 20185 years, 361 days
Judge of Appeal11 June 201529 March 20182 years, 291 days
Judge22 December 199324 years, 97 days
Michael Walton Judge8 December 201625 years, 98 daysFormer Vice President & President of the Industrial Court of NSW
(December 1998 - December 2016)		 [26] [27]
Peter Johnson 1 February 200519 years, 53 days
Stephen Rothman AM 3 May 200518 years, 327 days
Derek Price AM 28 August 200617 years, 210 days [28]
Ian Harrison 12 February 200717 years, 42 days [29]
Elizabeth Fullerton 19 February 200717 years, 35 days [30]
Nigel Rein 5 May 200815 years, 325 daysJudge of the District Court (2002 - 4 May 2008) [31]
Robert Hulme 2 March 200915 years, 23 days [32]
Michael Slattery 25 May 200914 years, 305 days Judge Advocate General (Australia) [33]
David Davies 29 June 200914 years, 270 days [34]
Michael Ball 13 April 201013 years, 347 days [35]
Peter Garling RFD 7 June 201013 years, 292 days [36]
John Sackar 1 February 201113 years, 53 days [37]
Ashley Black 4 July 201112 years, 265 days [38]
Christine Adamson 17 October 201112 years, 160 days [39]
Geoffrey Bellew 31 January 201212 years, 54 days [40] [41]
James Stevenson 1 February 201212 years, 53 days [40] [42]
Robert Beech-Jones 12 March 201212 years, 13 days [43]
Stephen Campbell 2 May 201211 years, 328 days [44]
Richard Button 12 June 201211 years, 287 days [45]
Geoff Lindsay 6 August 201211 years, 232 days [46]
Philip Hallen Judge12 November 201211 years, 134 days
Associate Judge5 July 201011 November 20122 years, 129 days [47]
Francois Kunc Judge8 April 201310 years, 352 days [48]
Stephen Robb 20 June 201310 years, 279 days [49]
Rowan Darke 16 August 201310 years, 222 days [50]
Robertson Wright 25 October 201310 years, 152 days [51]
Peter Hamill 29 April 20149 years, 331 days [52]
Helen Wilson 3 November 20149 years, 143 days
Des Fagan 11 June 20158 years, 288 days
Natalie Adams 5 April 20167 years, 355 days
Julia Lonergan 21 March 20177 years, 4 days [20]
Guy Parker 6 April 20176 years, 354 days [53]
Kelly Rees 5 September 20185 years, 202 days [54]
Lea Armstrong 31 October 20185 years, 146 daysFormerly the NSW Crown Solicitor, Appointed as President of the NSW Civil and Administrative Tribunal [55]
Trish Henry 30 January 20195 years, 55 days [56]
Mark Ierace 31 January 20195 years, 54 days [57]
Richard Cavanagh 19 September 20194 years, 191 days [58]
Kate Williams 15 April 20203 years, 345 days [59]
Hament Dhanji 20 September 20212 years, 187 days [60]
Elisabeth Peden6 April 2022 [61]
Monika Schmidt Acting Judge3 February 20204 years
Judge27 July 200911 September 201910 years, 46 daysJudge of the Industrial Court of NSW (1993–2009) [62] [58]
Joanne HarrisonAssociate Judge199726–27 years

See also

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References

  1. ↑ "Second Charter of Justice" (PDF). Transcribed from Historical Records of Australia . Founding Documents. 2 April 1814. Retrieved 22 October 2018.
  2. ↑ "Supreme Court of New South Wales". www.records.nsw.gov.au. 19 January 2019. Retrieved 30 January 2019.
  3. ↑ "Third Charter of Justice". Historical Records of Australia. 13 October 1823. Archived from the original on 3 April 2007. Retrieved 8 March 2012.
  4. ↑ Bennett, J. M. (1974). A History of the Supreme Court of New South Wales. Sydney: The Law Book Co. ISBN   0-455-19240-5.
  5. ↑ Bennett, J. M. (2001). Sir William a'Beckett: First Chief Justice of Victoria 1852-1857. Leichhardt, New South Wales: The Federation Press. ISBN   1-86287-409-3.
  6. ↑ 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.
  7. ↑ "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..
  8. ↑ "Sydney Supreme Court House (Old Court House)". New South Wales State Heritage Register . Department of Planning & Environment. H00800. Retrieved 2 June 2018. CC BY icon.svg Text is licensed by State of New South Wales (Department of Planning and Environment) under CC-BY 4.0 licence .
  9. ↑ "Sydney Supreme Courthouse (Old Supreme Court)". New South Wales Heritage Database. Office of Environment & Heritage . Retrieved 27 August 2018.
  10. ↑ "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.
  11. ↑ "Hyde Park Barracks". New South Wales State Heritage Register . Department of Planning & Environment. H00190. Retrieved 25 October 2017. CC BY icon.svg Text is licensed by State of New South Wales (Department of Planning and Environment) under CC-BY 4.0 licence .
  12. ↑ "St. James' Anglican Church". New South Wales State Heritage Register . Department of Planning & Environment. H01703. Retrieved 17 November 2013. CC BY icon.svg Text is licensed by State of New South Wales (Department of Planning and Environment) under CC-BY 4.0 licence .
  13. ↑ "Old Registry Office, Sydney Supreme Court House". New South Wales State Heritage Register . Department of Planning & Environment. H00801. Retrieved 27 August 2018. CC BY icon.svg Text is licensed by State of New South Wales (Department of Planning and Environment) under CC-BY 4.0 licence .
  14. ↑ Pearse , Stephen (30 July 2009). "Refit does justice to law courts". FM Magazine. Niche Media. Retrieved 27 August 2018.
  15. ↑ "Judicial officer contract details". SupremeCourt.justice.nsw.gov.au. Retrieved 22 February 2019.
  16. ↑ "New Chief Justice of NSW". NSW Department of Communities and Justice. Retrieved 28 February 2022.
  17. ↑ "New President of the Court of Appeal". NSW Department of Communities and Justice. Retrieved 28 February 2022.
  18. ↑ "Swearing in Ceremony of the Honourable Justice Fabian Gleeson". [2013] NSW Judicial Scholarship 13.
  19. ↑ "Swearing-In Ceremony of the Honourable Justice Mark James Leeming SC". [2013] NSW Judicial Scholarship 23.
  20. 1 2 Speakman M, NSW Attorney General (8 March 2017). "New NSW Supreme Court judges appointed".
  21. ↑ "Swearing-In Ceremony Of The Honourable Richard Weeks White". [2013] NSW Judicial Scholarship 8.
  22. ↑ Speakman, M Attorney-General (22 August 2018). "Justice Brereton to join the Court of Appeal" (PDF). Retrieved 21 September 2018.
  23. 1 2 Speakman, M Attorney-General (16 March 2022). "New appointmenbts to strengthen Supreme Court" (PDF). Retrieved 21 March 2022.
  24. ↑ "Media Release - Appointment of Beech-Jones CJ at CL". 11 August 2021. Archived from the original on 13 August 2021.
  25. ↑ "Swearing in Ceremony of the Honourable David Jacob Hammerschlag". [2007] NSW Judicial Scholarship 1.
  26. ↑ "Annual report 1998" (PDF). Industrial Relations Commission of NSW.
  27. ↑ 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)
  28. ↑ "Swearing in Ceremony of the Honourable Derek Michael Price". [2006] NSW Judicial Scholarship 12.
  29. ↑ "Swearing in Ceremony of the Honourable Ian Gordon Harrison". [2007] NSW Judicial Scholarship 3.
  30. ↑ "Swearing in Ceremony of the Honourable Elizabeth Fullerton SC". [2007] NSW Judicial Scholarship 2.
  31. ↑ "Swearing-In Ceremony of the Honourable Nigel Rein". [2008] NSW Judicial Scholarship 11.
  32. ↑ "Swearing-In Ceremony of the Honourable Robert Hulme". [2009] NSW Judicial Scholarship 5.
  33. ↑ "Swearing-In Ceremony of the Honourable Michael Slattery QC". [2009] NSW Judicial Scholarship 9.
  34. ↑ "Swearing-In Ceremony of the Honourable David Davies SC". [2009] NSW Judicial Scholarship 10.
  35. ↑ "Swearing-In Ceremony of the Honourable Michael Ball". [2010] NSW Judicial Scholarship 14.
  36. ↑ "Swearing-In Ceremony of the Honourable Peter Garling RFD SC". [2010] NSW Judicial Scholarship 13.
  37. ↑ "Swearing-In Ceremony of the Honourable John Sackar QC". [2011] NSW Judicial Scholarship 2.
  38. ↑ "Swearing-In Ceremony of the Honourable Ashley Black". [2011] NSW Judicial Scholarship 20.
  39. ↑ "Swearing-In Ceremony of the Honourable Christine Adamson SC". [2011] NSW Judicial Scholarship 34.
  40. 1 2 Smith, G NSW Attorney-General (8 December 2011). "Judicial Appointments for NSW" (PDF).
  41. ↑ "Swearing-In Ceremony of the Honourable Geoffrey Bellew". [2012] NSW Judicial Scholarship 3.
  42. ↑ "Swearing-In Ceremony of the Honourable James Stevenson". [2012] NSW Judicial Scholarship 8.
  43. ↑ "Swearing-In Ceremony of the Honourable Robert Beech-Jones". [2012] NSW Judicial Scholarship 15.
  44. ↑ "Swearing-In Ceremony of the Honourable Stephen Campbell". [2012] NSW Judicial Scholarship 23.
  45. ↑ "Swearing-In Ceremony of the Honourable Richard Button". [2012] NSW Judicial Scholarship 25.
  46. ↑ "Swearing-In Ceremony of the Honourable Geoffrey Charles Lindsay". [2012] NSW Judicial Scholarship 31.
  47. ↑ "Swearing-In Ceremony of the Honourable Phillip Hallen SC". [2010] NSW Judicial Scholarship 15.
  48. ↑ "Swearing-In Ceremony of the Honourable Francois Kunc SC". [2013] NSW Judicial Scholarship 14.
  49. ↑ "Swearing-In Ceremony of the Honourable Justice Stephen Robb QC". [2013] NSW Judicial Scholarship 20.
  50. ↑ "Swearing in Ceremony of the Honourable Justice Rowan James Hunter Darke SC". [2013] NSW Judicial Scholarship 28.
  51. ↑ "Swearing in Ceremony of the Honourable Justice Robertson Wright". [2013] NSW Judicial Scholarship 38.
  52. ↑ "Swearing-In Ceremony of the Honourable Peter Hamill SC". [2014] NSW Judicial Scholarship 24.
  53. ↑ Speakman, M Attorney-General (15 March 2017). "New NSW Supreme Court judge appointed" (PDF).
  54. ↑ Speakman, M Attorney-General (22 August 2018). "Leading female silk elevated from bar to bench" (PDF). Retrieved 21 September 2018.
  55. ↑ "Law Society congratulates Lea Armstrong". www.lawsociety.com.au. Retrieved 22 February 2019.
  56. ↑ Speakman, M Attorney-General (5 December 2018). "New Supreme Court and Court of Appeal judges" (PDF). Retrieved 28 January 2019.
  57. ↑ Speakman, M Attorney-General (21 December 2018). "Senior Public Defender joins the judiciary" . Retrieved 28 January 2019.
  58. 1 2 Speakman, M Attorney-General (4 September 2019). "Senior barrister joins Supreme Court bench" (PDF). Retrieved 28 February 2020.
  59. ↑ Speakman, M Attorney-General (1 April 2020). "Top female silk joins Supreme Court bench" (PDF). Retrieved 11 June 2020.
  60. ↑ "Sydney silk to become Supreme Court judge". NSW Department of Communities and Justice. 8 September 2021. Retrieved 7 March 2022.
  61. ↑ "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.
  62. ↑ Hatzistergos, J (2 July 2009). "Media Release: IR Judge appointed to NSW Supreme Court" (PDF).
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