Supreme Court of the Australian Capital Territory | |
---|---|
35°16′52″S149°07′38″E / 35.281015°S 149.127245°E | |
Established | 1 January 1934 |
Jurisdiction | Australian Capital Territory |
Location | London Circuit at Canberra |
Coordinates | 35°16′52″S149°07′38″E / 35.281015°S 149.127245°E |
Composition method | Executive appointment following advice of the Attorney-General |
Authorized by | Parliament of Australia via the: Australian Capital Territory Legislative Assembly via the:
|
Appeals to | High Court of Australia |
Appeals from | Magistrates Court of the ACT |
Judge term length | Mandatory retirement by age of 70 |
Number of positions | 5 |
Website | www.courts.act.gov.au/supreme |
Chief Justice of the Australian Capital Territory | |
Currently | Lucy McCallum |
Since | 8 March 2022 |
The Supreme Court of the Australian Capital Territory is the highest court of the Australian Capital Territory (ACT). It has unlimited jurisdiction within the territory in civil matters and hears the most serious criminal matters.
The court has the jurisdictional power to hear matters that relate to the Jervis Bay Territory, the Australian Antarctic Territory and the Heard Island and McDonald Islands, although it has never heard a case exercising its power over the Heard and McDonald Islands. [1] It also hears matters on appeal from the Magistrates Court of the Australian Capital Territory.
Whilst the Supreme Court is the highest Australian Capital Territory court in the Australian court hierarchy, an appeal by special leave can be made to the High Court of Australia. Matters of appeal can also be submitted to the ACT Court of Appeal, which is constituted by members of the Supreme Court.
The Supreme Court consists of 5 permanent judges, including the chief justice of the Australian Capital Territory (as of 2022 [update] , Lucy McCallum), 1 associate judge, 11 additional judges and 4 acting judges. The court has three main administrative units: Registry, Sheriff's Office and the Russell Fox Library. [2]
The court is located on Knowles Place near London Circuit at Civic, in Canberra, in the new ACT Law Courts building that it shares with the Magistrates Court.
When the Federal Capital Territory was created in 1911, all existing laws applicable in New South Wales applied equally to the new Territory. [2] The Commonwealth soon began the implementation of a series of ordinances for the Territory's governance. [2]
In the early years, Territory justice was enacted through the provisions of the Seat of Government Acceptance Act 1909 . [2] Territory officials relied on the Queanbeyan, Goulburn and Cooma courts. [2] On 12 December 1925, the Federal Capital Commission wrote to the Department of Home Affairs and Territories about developing a system for the administration of justice in the Territory. [2] It would be another five years, however, before any decisive action was taken, with the establishment of a Court of Petty Sessions in 1930. [2]
In November 1932, Cabinet considered a report dealing with contemporary arrangements involving Territory courts. [2] The report noted the High Court and Court of Petty Sessions, and that there had been a recent trial use of a visiting judge to hear criminal and civil matters. [2] What was needed, the report said, was for the Territory to have its own Supreme Court. [2] This would relieve the High Court of its jurisdiction in respect of the Territory and provide an intermediate court of appeal between the High Court and Court of Petty Sessions. Cabinet approved the recommendation on 7 December 1932. [2]
The Supreme Court of the Federal Capital Territory was established on 1 January 1934 by the Seat of Government Supreme Court Act 1933 (Cth). [2]
The first judge of the Supreme Court was Lionel Lukin, who served from 1934 to 1943, and the court's first sitting was on 12 February 1934 at Acton House (the building was demolished in 1940). [2] The court moved to the Hotel Acton in early 1935, then to the new Patent Office in Barton in 1941, and then to the Law Courts Building on the western side of City Hill, on 8 May 1963. [2]
Following the establishment of self-government in 1989, the court remained under Commonwealth administration until its transfer to the ACT Government on 1 July 1992, when the ACT Supreme Court (Transfer) Act 1992 (Cth) came into effect. [2]
By 2006, the Supreme Court comprised a Chief Justice, three resident judges and (since 1958) additional judges otherwise appointed to the Federal Court of Australia as well as a Master of the Court. [2]
In 2015, the title of the office of Master of the Supreme Court was changed to Associate Judge. [3]
It was announced in 2017 that the ACT Law Courts building would be expanded as the Supreme Court was experience capacity issues. [4] In 2019, stage one of the renovations were completed. [5] Not only did the renovations bring the Magistrates Court and the Supreme Court into the same building, it added several new courtrooms and modernised facilities. [5] Stage two and the renovations of the original ACT Law Courts building is due to be completed in coming years.
In addition to possessing jurisdictional power with respect to matters in the Australian Capital Territory, the Court also has the jurisdictional power to hear matters that relate to the Jervis Bay Territory, the Australian Antarctic Territory and the Heard Island and McDonald Islands, although it has never exercised that power. [1] It also hears matters on appeal from the Magistrates Court of the Australian Capital Territory.
It is the Territory's superior court with civil, criminal and appellate jurisdiction. [2] It also covers matters relating to corporation law, adoptions and probate. [2] The court also conducted divorce proceedings, but only until 1975, when the Family Court of Australia assumed responsibility for this function. [2]
The court can be constituted by a single judge alone or with a jury. [6] An appeal from the associate judge or from a single judge is heard by the court sitting as the ACT Court of Appeal constituted by three judges. [6] An appeal from the Magistrates Court of the Australian Capital Territory is heard by a single judge. [6]
Permanent judges are appointed by the executive. Additional judges are judges of other superior Australian courts (usually the Federal Court of Australia) that have been appointed as an additional judge of the Supreme Court. [6] [7] Acting judges are judges who have a short term appointment of up to 12 months by the executive. [6]
The executive must also appoint a Chief Justice. [8] The Chief Justice is responsible for the prompt discharge of the court’s business, and may, in consultation with a judge, decide the types of cases which a magistrate will hear. [8]
Name | Date appointed | Term in office | Notes |
---|---|---|---|
Chief Justice Lucy McCallum | 8 March 2022 | 1 year, 238 days | [9] |
Name | Date appointed | Term in office | Notes |
---|---|---|---|
Justice David Mossop | 13 February 2017 | 6 years, 261 days | [10] |
Justice Chrissa Loukas-Karlsson | 6 February 2018 | 5 years, 268 days | |
Justice Belinda Baker | 25 November 2022 | 341 days | |
Justice Verity McWilliam | 2 May 2023 | 183 days |
Name | Date appointed | Term in office | Notes |
---|---|---|---|
vacant | — | — | [10] |
Name | Date appointed | Term in office | Notes |
---|---|---|---|
Steven Rares | March 2007 | 15–16 years | [7] |
Anthony Besanko | March 2007 | 15–16 years | |
Lindsay Foster | 11 November 2009 | 13 years, 355 days | |
Jayne Jagot | 11 November 2009 | 13 years, 355 days | |
Anna Katzmann | 17 September 2010 | 13 years, 45 days | |
John Gilmour | 6 July 2012 | 11 years, 118 days | |
Michael Wigney | 9 December 2013 | 9 years, 327 days | |
Melissa Perry | 14 May 2014 | 9 years, 171 days | |
Berna Collier | 3 May 2016 | 7 years, 182 days | |
Robert Bromwich | 5 September 2016 | 7 years, 57 days | |
Natalie Charlesworth | 14 November 2017 | 5 years, 352 days |
Name | Date appointed | Term in office | Notes |
---|---|---|---|
Linda Ashford | 1 July 2014 | 9 years, 123 days | [11] |
Stephen Walmsley | 1 July 2014 | 9 years, 123 days | |
David Robinson | 1 July 2014 | 9 years, 123 days | |
Murray Kellam | 8 March 2017 | 6 years, 238 days | |
This section needs expansion. You can help by adding to it. (March 2019) |
Civil matters may be commenced by the filing of an originating application or originating process.
Criminal matters are commenced when they persons are committed to trial or sentence by the Magistrates Court of the Australian Capital Territory.
Appeals to the court may come from several sources including the Magistrates Court and the ACT Civil and Administrative Tribunal. [2]
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment.
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.
A justice of the peace is a judicial officer of a lower or puisne court, elected or appointed by means of a commission to keep the peace. In past centuries the term commissioner of the peace was often used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the peace are appointed or elected from the citizens of the jurisdiction in which they serve, and are usually not required to have any formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs.
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, magistrate is a word applied to a person 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.
Judiciary of Malaysia is largely centralised despite Malaysia's federal constitution, heavily influenced by the English common law, as well as Islamic jurisprudence.
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.
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 Supreme Court of the Northern Territory is the superior court for the Australian Territory of the Northern Territory. It has unlimited jurisdiction within the territory in civil matters, and hears the most serious criminal matters. It is around the middle of the Australian court hierarchy.
The Local Court of New South Wales is the lowest court in the judicial hierarchy of the Australian state of New South Wales. Formerly known as the Court of Petty Sessions and the Magistrates Court, there are more than 160 branches across New South Wales where the Local Court has jurisdiction to deal with the majority of minor civil and criminal matters.
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. At its inception, the Court consisted of four judges: Sydney Howard Good, William Page Pidgeon, Desmond Charles Heenan and Robert Edmond Jones.
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.
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law, along with some summary and indictable criminal matters. Cases are heard at first instance mostly by single judges. In cases of importance, a Full Court comprising three judges can be convened upon determination by the Chief Justice. The Court also has appellate jurisdiction, which is mostly exercised by a Full Court comprising three judges, the only avenue of appeal from which lies to the High Court of Australia. In the Australian court hierarchy, the Federal Court occupies a position equivalent to the supreme courts of each of the states and territories. In relation to the other courts in the federal stream, it is superior to the Federal Circuit and Family Court of Australia for all jurisdictions except family law. It was established in 1976 by the Federal Court of Australia Act.
The Supreme Court of Victoria is the highest court in the Australian state of Victoria. Founded in 1852, it is a superior court of common law and equity, with unlimited and inherent jurisdiction within the state.
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 Local Court of the Northern Territory is one of two levels of court in the Northern Territory of Australia. It has jurisdiction in civil disputes up to A$250,000, and in criminal cases in the trial of summary offences, and also deals with preliminary matters for indictable offences which are then heard by the Supreme Court of the Northern Territory. There are local courts held in Darwin, Northern Territory, Alice Springs, Katherine, Tennant Creek, and some "bush courts" in remote locations.
The Magistrates Court of the Australian Capital Territory is a court of summary jurisdiction that deals with the majority of criminal law matters and the majority of small civil law matters in the Australian Capital Territory, the Jervis Bay Territory and the Australian Antarctic Territory.
The judiciary of Jamaica is based on the judiciary of the United Kingdom. The courts are organized at four levels, with additional provision for appeal to the Judicial Committee of the Privy Council in London. The Court of Appeal is the highest appellate court. The Supreme Court has unlimited jurisdiction in all cases, and sits as the Circuit Court to try criminal cases. The Parish Court in each parish hears both criminal and civil cases, excluding grave offences. The Petty Sessions are held under Justices of the Peace, with power to hear minor crimes.