Supreme Court of the Northern Territory

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Supreme Court Main Entrance

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.

Contents

[edit] Pre history

Shortly after the first settlement at Palmerston, Port Darwin in 1869-70, pressure was placed upon the South Australian government to establish a superior court in the then Northern Territory of South Australia. Although such a court was mooted, it was decided to send judges to Palmerston on circuit. The first circuit court was held in February 1875. [1]

Thereafter, from 1875 to 1884, the government appointed persons as commissioners (usually the Government Resident) to exercise the power of a judge of the Supreme Court in all but trials of capital offences.

From 1884 to 1911, a resident judge, with the title "Judge of the Northern Territory" exercised the full powers of the Supreme Court under the Northern Territory Justice Act.

[edit] History

The court was established on 30 May 1911, shortly after South Australia surrendered the territory to the Commonwealth. The first judge of the court was Samuel James Mitchell. The only person to hold the office of Chief Judge, which was created in 1975, was Sir William Forster who held the position from 1977-1979. The position title was changed to Chief Justice in 1979, and Forster was the first Chief Justice from 1979-1985. There have been 6 Chief Justices since 1979 [2], including the current Chief Justice, The Hon. Brian Ross Martin [3]. There are currently six resident judges (including the Chief Justice) and three acting judges, making a total of nine Supreme Court justices. [4]

In 1927, when the Northern Australia 1926 Act (Cth) came into force, the Northern Territory was divided into two territories; North Australia and Central Australia. The Supreme Court was not abolished, but continued to exist as the Supreme Court of North Australia and the Supreme Court of Central Australia.

After the Northern Territory Act was repealed in 1931, the Northern Territory was reconstituted as a single Territory of the Commonwealth. The Supreme Courts of North Australia and Central Australia were abolished and the Supreme Court continued as the Supreme Court of the Northern Territory.

In 1935 the Court began its first sittings on circuit in Alice Springs [5], a practice which still continues today. Circuit sittings in Katherine were also introduced in 1996.

[edit] Other

The Supreme Court occasionally meets in other locations in the Northern Territory, including Katherine, Tennant Creek and Nhulunbuy. The Supreme Court has also on occasion sat remote aboriginal communities as well.

The Supreme Court includes the Court of Appeal, Court of Criminal Appeal, Civil and Criminal Trials and Appeals from the Northern Territory Magistrates Court. [6]

Judgments from Supreme Court trials are available to the public [7], as are the sentencing remarks [8], unless a suppression order has been taken preventing these being released (for example, involving juveniles, public figures or in some controversial matters).

[edit] Judges of the Supreme Court of the Northern Territory

As of 2006 (appointment date in brackets):

[edit] Chief Justice

Name Date appointed
Chief Justice Brian Ross Martin 27 January 2004

[edit] Judges

Name Date appointed
Justice David Angel 8 May 1989
Justice Dean Mildren 27 June 1991
Justice Sally Thomas 10 August 1992
Justice Trevor Riley 1 February 1999
Justice Stephen Southwood 31 January 2005

[edit] Acting Judges

Name Date appointed
Acting Justice Brian Frank Martin 1 July 2004
Acting Justice Trevor Olsson 6 July 2004
Acting Justice Howard Olney 30 May 2005

[edit] Master

Name Date appointed
Terence Coulehan 1993

[edit] See also

[edit] External links