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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 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 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 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 states and territories are federated administrative divisions in Australia,ruled by regional governments that constitute the second level of governance between the federal government and local governments. States are self-governing polities with incomplete sovereignty and have their own constitutions,legislatures,departments,and certain civil authorities that administer and deliver most public policies and programs. Territories can be autonomous and administer local policies and programs much like the states in practice,but are still constitutionally and financially subordinate to the federal government and thus have no true sovereignty.
John Victor Nicholas is an Australian judge. He has been a judge of the Federal Court of Australia since November 2009. Prior to his appointment,Nicholas practised as a senior counsel in Sydney,principally in commercial law.
Anthony Max North is a retired Australian judge,who served as a Judge of the Federal Court of Australia from 3 October 1995 until 11 September 2018. He held appointments as a Judge of the Supreme Court of the Australian Capital Territory and the Industrial Relations Court of Australia.
Peter Ross Awdry Gray joined the Bar in Gray's Inn,London,in 1972 he joined the Victorian Bar and then became a judge of the Federal Court of Australia serving from 17 May 1984 until 17 May 2013. Peter was the youngest person ever appointed to the Federal Court of Australia and at 29 years its longest ever serving member. During his time at the court Peter delivered over 1,700 decisions. Justice Gray's main focus has been on labour law. and the law and its impact on Aboriginal Australians. After retirement Peter was for a time an adjunct professor at Deakin University and is now an Honorary Professor at Monash University.
Melissa Anne Perry is a Judge of the Federal Court of Australia.
The Industrial Relations Court of Australia was a short-lived Chapter III Court whose jurisdiction was transferred from the Federal Court in 1994,and transferred back in 1997. In the words of former Chief Justice Robert French,"The tide went in,the tide went out". Every judge had a concurrent appointment in the Federal Court. Despite the transfer of jurisdiction,any existing matter or appeal from an existing matter remained in the Industrial Relations Court of Australia,with the result that the last case was not finally disposed of until 2005/6. The Court was not to be abolished until after the last judge had retired. The last judge to retire was Anthony North on 11 September 2018. The court was formally abolished on 1 March 2021.
Alan Robertson is a former judge of the Federal Court of Australia. He served as a deputy president of the Administrative Appeals Tribunal,and retired from the Court in May 2020 having reached the mandatory retirement age for federal judicial appointments.
Stewart Maxwell Anderson is an Australian jurist and a judge of the Federal Court of Australia. Formerly a highly regarded barrister experienced in commercial litigation,Anderson was appointed to the Federal Court in 2019.
Christopher Jessup is an Australian lawyer who serves as Inspector-General of Intelligence and Security. Between 2006 and 2017,he was a judge of the Federal Court of Australia.
Justice Michael Bryan Joshua Lee is a Judge of the Federal Court of Australia located in the Sydney Registry. He is a National Coordinating Judge in both the Commercial and Corporations National Practice Area and the Defamation sub-area in the Other Federal Jurisdiction National Practice Area.
Phillip George Evatt,was an Australian naval officer and jurist who serviced as a judge on the Federal Court of Australia from 1977 to 1987. Evatt received a Bachelor of Laws from the University of Sydney. He served as lieutenant in the Royal Australian Navy from 1940 to 1946,including on the British submarine HMS Tapir. He was awarded the Distinguished Service Cross for his part in the sinking of German submarine U-486 in 1945. Evatt was admitted as a barrister in New South Wales in 1951. During his career as a jurist,he served on several courts,including the Supreme Court of the Northern Territory (1976–1987),the Supreme Court of the Australian Capital Territory (1974–1987),and the Supreme Court of Norfolk Island (1981–1987). Evatt presided over a Royal Commission into the use of chemical agents in the Vietnam War.
Timothy McEvoy is a judge of the Federal Court in Australia. He was appointed by Christian Porter and has served in the position since 26 April 2022. McEvoy acted as pro-bono lawyer to former Prime Minister Tony Abbott in a defamation claim against unionist John Setka in 2013-2014. McEvoy initially served on the Family Court of Australia. His appointment was met with criticism owing to his lack of experience in family law at the time. McEvoy is an alumnus of the University of Melbourne,from which he holds a bachelor degrees in arts and law,as well as a Master of Laws. In 1998,McEvoy obtained Doctor of Juridical Science from the University of Virginia. He then commenced his legal career as an Associate to then Chief Justice of the Federal Court in 1994 and was admitted to the Supreme Court of Victoria and High Court of Australia in 1996. After spending time working in private practice at Herbert Smith Freehills,McEvoy was admitted to the Victorian Bar where he practised as a barrister until his appointment to the Family Court.
References
- ↑ "Family Notices". Chronicle. 13 May 1954. Retrieved 1 June 2023.
- ↑ Australia, c\=AU\; co\=Commonwealth of Australia\; ou\=Federal Court of (1 July 2020). "Biography of Justice Besanko". www.fedcourt.gov.au. Retrieved 1 June 2023.
- ↑ Administration, ACT Law Courts and Tribunal Administration; PositionTitle=Director; SectionName=ACT Magistrates Court; Corporate=ACT Law Courts and Tribunal (5 May 2023). "Chronological list of Former and Current Judges, Associate Judge and Masters". www.courts.act.gov.au. Retrieved 1 June 2023.
- ↑ "Judicial Appointments for Norfolk Island".
- 1 2 3 "New Judge for the Federal Court of Australia". Parliament of Australia.
- ↑ "Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) [2023] FCA 555 (Summary)". www.judgments.fedcourt.gov.au. Retrieved 1 June 2023.
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