Supreme Court of South Australia

Last updated

Supreme Court of South Australia
Royal Coat of Arms of the United Kingdom (HM Government).svg
Arms of the Supreme Court of South Australia
Supreme Court of South Australia.jpg
The Supreme Court of South Australia building from Victoria Square
Supreme Court of South Australia
34°55′50″S138°35′59″E / 34.930656°S 138.599762°E / -34.930656; 138.599762
Established2 January 1837
JurisdictionFlag of South Australia.svg  South Australia
Location Adelaide
Coordinates 34°55′50″S138°35′59″E / 34.930656°S 138.599762°E / -34.930656; 138.599762
Composition method Vice-regal appointment upon nomination by the Premier following the advice of the Attorney General and Executive Council of South Australia
Authorized by Parliament of South Australia via the:
Appeals to High Court of Australia
Appeals from District Court of South Australia
Judge term lengthMandatory retirement by age of 70
Number of positions13
Website Supreme Court of South Australia
Chief Justice of South Australia
Currently Chris Kourakis
Since25 June 2012

The Supreme Court of South Australia [1] 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 (called justices) as may be required.

Contents

History

The Court was established by Letters Patent on 2 January 1837, five days after the colony was founded. The Court is unique among Australia's state supreme courts in that it was established at the foundation of the colony of South Australia, as the notion of a supreme court was a part of the colony's founder, Edward Wakefield's theory of colonisation. [2] Other Australian colonies only established their courts long after the settlement of the colony.

The Court was endowed with all the common law and probate jurisdiction of the courts of Westminster. The first sessions of the Court were not held until May 1837, presided over by Sir John Jeffcott, the first judge of the court. (The title of Chief Justice was not officially introduced until the coming into force of Act No 31 of 1855-1856.)

After Sir John's death in December 1837, Henry Jickling was appointed as an acting judge. Although appointed as a caretaker judge, Jickling was responsible for two important developments: he codified the testamentary causes jurisdiction of the court and admitted the first practitioners of the Supreme Court in March 1838.

Justice Jeffcott's permanent replacement on the Court was Sir Charles Cooper. Reports of ill health prompted Governor Henry Young to ask for the appointment of a second judge. As a result Justice Crawford was appointed. Justice Crawford was the first justice to wear a wig in court. Crawford died after only two years on the bench.

Crawford was replaced by Justice Boothby. Boothby was a controversial judge who did not believe in the power of the colonial parliaments to enact laws. He arguably started the first constitutional crisis in Australian history when he ruled that the South Australian Constitution of 1856 was invalid, causing the Imperial Parliament to pass the Colonial Laws Validity Act 1865 . Boothby was removed as a justice of the Supreme Court in July 1867. He appealed to the Privy Council in England but died before his appeal could be heard.

During Boothby's time on the Court, the first Queen's Counsels were appointed and the first circuit sittings of the Court took place in country South Australia.

In 1935 the Supreme Court Act commenced. [3]

Jurisdiction

The Court exercises both original and appellate jurisdiction in civil and criminal matters. The Court is a court of both law and equity. Though it has unlimited jurisdiction in civil matters, generally civil trials heard in the Court are those involving complex legal or factual issues or large sums of money. The Court also has exclusive jurisdiction in probate (wills & estates), meaning it is the only South Australian court that can hear such matters. In criminal matters, generally only the most serious crimes are tried in the Court (for example murder, treason, attempted murder and manslaughter) although the Court occasionally hears trials for less serious offences. Trials for murder and treason cannot be heard in any other court in South Australia. When exercising its original jurisdiction, the Court is usually composed of a single judge.

The Supreme Court hears appeals from the Magistrates Court of South Australia in both civil and criminal matters, and also from decisions of Supreme Court Masters and various other tribunals. In such cases, the Court ordinarily consists of a single judge. Particular judges may be designated to sit in the probate jurisdiction or assigned case management functions in respect of long and complex trials.

The proceedings of the Supreme Court of South Australia are normally heard in Adelaide. In civil cases the Court normally sits in the old Supreme Court building, while criminal matters are generally heard in the Sir Samuel Way Building. (The two buildings are located across the road from each other, on the corner of Gouger Street and Victoria Square.) The Court is empowered to sit in any place, including outside the State. The Court, consisting of a single judge, in exceptional circumstances can travel on circuit to the rural centres of Mount Gambier and Port Augusta.

Subject to statutory exceptions, an appeal is available by special leave to the High Court of Australia from all decisions of the Supreme Court of South Australia by virtue of s 73 of the Australian Constitution. Ordinarily, appeals are taken to the High Court only from decisions of the Full Court or Court of Criminal Appeal.

See also

Related Research Articles

<span class="mw-page-title-main">Court of Appeal (England and Wales)</span> Second most senior court in the English legal system

The Court of Appeal is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal.

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.

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">Supreme Court of British Columbia</span> Superior trial court of British Columbia, Canada

The Supreme Court of British Columbia is the superior trial court for the province of British Columbia, Canada. The Court hears civil and criminal law cases as well as appeals from the Provincial Court of British Columbia. There are 90 judicial positions on the Court in addition to supernumerary judges, making for a grand total of 108 judges. There are also 13 Supreme Court masters who hear and dispose of a wide variety of applications in chambers.

<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 Queensland</span> Highest court in the state of Queensland, Australia

The Supreme Court of Queensland is the highest court in the Australian State of Queensland. It was formerly the Brisbane Supreme Court, in the colony of Queensland.

<span class="mw-page-title-main">Supreme Court of Tasmania</span> Tasmanian judiciary

The Supreme Court of Tasmania is the highest State court in the Australian State of Tasmania. In the Australian court hierarchy, the Supreme Court of Tasmania is in the middle level, with both an appellate jurisdiction over lower courts, and decisions made by Court to be heard on appeal by the High Court of Australia.

<span class="mw-page-title-main">Supreme Court of the Australian Capital Territory</span> Superior court of the Australian Capital Territory, Australia

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.

<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 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">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">John Jeffcott</span> British colonial judge

Sir John William Jeffcott was the first judge of the Supreme Court of South Australia. He also served as Chief Justice of Sierra Leone.

Henry Jickling was appointed as a caretaker judge in 1837 to the Supreme Court of South Australia, which is the highest ranking court in the Australian State of South Australia.

<span class="mw-page-title-main">District Court of Queensland</span>

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.

The Judiciary of Vermont is the state court system of Vermont, charged with Vermont law.

<span class="mw-page-title-main">Courts of South Africa</span>

The courts of South Africa are the civil and criminal courts responsible for the administration of justice in South Africa. They apply the law of South Africa and are established under the Constitution of South Africa or under Acts of the Parliament of South Africa.

<span class="mw-page-title-main">Supreme Court of New South Wales for the District of Port Phillip</span> Former judicial body

The Supreme Court of New South Wales for the District of Port Phillip was an historical division of the Supreme Court of New South Wales, exercising the jurisdiction of that court within the Port Phillip District of New South Wales. It consisted of a single Resident Judge. It existed from 1840 until 1852, when, following the separation of the Port Phillip District to form the Colony of Victoria, it was replaced by the Supreme Court of Victoria.

<span class="mw-page-title-main">High Court of Justice</span> One of the Senior Courts of England and Wales

The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC for legal citation purposes.

<span class="mw-page-title-main">King's Bench Division</span> Division of the English High Court of Justice

The King's Bench Division of the High Court of Justice deals with a wide range of common law cases and has supervisory responsibility over certain lower courts.

References

  1. ↑ "The Supreme Court". Courts Administration Authority, South Australia. Retrieved 13 November 2012.
  2. ↑ "The History of the Supreme Court". Courts Administration Authority, South Australia. Retrieved 13 November 2012.
  3. ↑ Supreme Court Act 1935 (SA)
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.