Supreme Court of New South Wales

Supreme Court of New South Wales

The Supreme Court building in Queen's Square, Sydney
Established 1823
Location Sydney
Coordinates 33°52′08″S 151°12′42″E / 33.868918°S 151.211628°E / -33.868918; 151.211628Coordinates: 33°52′08″S 151°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:

Decisions are appealed to
Decisions are heard for appeals from District Court of New South Wales
Judge term length mandatory retirement by age of 72
Number of positions 53
Website supremecourt.justice.nsw.gov.au
Chief Justice of New South Wales
Currently Justice Tom Bathurst AC
Since 1 June 2011 (2011-06-01)

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.

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 Tom Bathurst, the President of the Court of Appeal, 11 Judges of Appeal, the Chief Judge at Common Law, and the Chief Judge in Equity.

The Supreme Court building is physically located 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]

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 commonly numbered as "4 Geo. IV, c. 96". The statute was passed on 19 July 1823.[2]

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.[3] The division existed until 1852, when it was replaced by the Supreme Court of Victoria following the creation of the Colony of Victoria.[4]

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.[5] 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.[6]

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, 3 Acting Judges of Appeal, 2 Acting Judges, and an Associate Judge. Permanent judges include the Chief Justice of New South Wales, the President of the Court of Appeal, 11 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. Associate Judges deal with pre-trial motions and non-jury trials.

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.

Judges

The current judges serving on the Court as of July 2017, and the dates of their appointment, are listed below.

Name Position Appointment
commenced		 Appointment
ended		 Term in office Comments Notes
Bathurst, TomTom Bathurst AC Chief Justice 1 June 2011 6 years, 77 days [7][8]
Beazley, MargaretMargaret Beazley AO President of the Court of Appeal 1 March 2013 4 years, 169 days [9]
Judge of Appeal 29 April 1996 21 years, 110 days
McColl, RuthRuth McColl AO Judge of Appeal 29 April 2003 14 years, 110 days
Basten, JohnJohn Basten Judge of Appeal 2 May 2005 12 years, 107 days
Macfarlan, RobertRobert Macfarlan Judge of Appeal 8 September 2008 8 years, 343 days [10]
Meagher, AnthonyAnthony Meagher Judge of Appeal 10 August 2011 6 years, 7 days [11]
Hoeben, CliftonClifton Hoeben AM RFD Chief Judge at Common law February 22, 2013 4 years, 176 days
Judge August 16, 2004 13 years, 1 day
Ward, JulieJulie Ward Chief Judge in Equity 15 March 2017 155 days [12]
Judge of Appeal 12 November 2012 4 years, 278 days
Judge 29 September 2008 8 years, 322 days [13]
McClellan, PeterPeter McClellan AM Judge of Appeal 21 February 2013 4 years, 177 days Chief Royal Commissioner of the child abuse Royal Commission
Chief Judge at Common Law 1 September 2005 21 February 2013 7 years, 173 days
Judge 29 January 2001 25 August 2003 2 years, 208 days Appointed Chief Judge of the Land and Environment Court
(25 August 2003 – 1 September 2005)
Gleeson, FabianFabian Gleeson Judge of Appeal 29 April 2013 4 years, 110 days [14]
Leeming, MarkMark Leeming Judge of Appeal 3 June 2013 4 years, 75 days [15]
Simpson, CarolynCarolyn Simpson Judge of Appeal 11 June 2015 2 years, 67 days
Payne, AnthonyAnthony Payne Judge of Appeal 30 March 2016 1 year, 140 days
White, RichardRichard White Judge of Appeal 15 March 2017 155 days [12]
Judge 27 April 2004 13 years, 112 days [16]
Barrett, ReginaldReginald Barrett Acting Judge of Appeal 1 April 2015 2 years, 138 days
Judge of Appeal 25 January 2012 31 March 2015 3 years, 65 days Retired upon reaching age 72, then appointed as an Acting Judge of Appeal [17][18]
Judge March 19, 2001 14 years, 12 days [19]
Emmett, ArthurArthur Emmett AO Judge of Appeal 7 March 2013 30 September 2015 2 years, 207 days Judge of the Federal Court (3 Feb 1997 - 6 Mar 2013) [20]
Acting Judge of Appeal 30 September 2015 1 year, 321 days
Sackville, RonaldRonald Sackville AO Acting Judge of Appeal 1 September 2008 8 years, 350 days Judge of the Federal Court (19 Sep 1994 - 25 Aug 2008)
Walton, MichaelMichael Walton Judge 8 December 2016 252 days
IRC Judicial Member 18 December 1998 18 years, 7 months Vice President & President of the Industrial Court of NSW
(April 1998 - 7 December 2016) 		[21][22]
McDougall, RobertRobert McDougall Judge 21 August 2003 13 years, 361 days
Johnson, PeterPeter Johnson Judge 1 February 2005 12 years, 197 days
Latham, MeganMegan Latham Judge 12 April 2005 12 years, 127 days Commissioner of ICAC
Rothman, StephenStephen Rothman AM Judge 3 May 2005 12 years, 106 days
Brereton, PaulPaul Brereton AM RFD Judge 15 August 2005 12 years, 2 days
Price, DerekDerek Price AM Judge 28 August 2006 10 years, 354 days [23]
Hammerschlag, DavidDavid Hammerschlag Judge 30 January 2007 10 years, 199 days [24]
Harrison, IanIan Harrison Judge 12 February 2007 10 years, 186 days [25]
Fullerton, ElizabethElizabeth Fullerton Judge 19 February 2007 10 years, 179 days [26]
McCallum, LucyLucy McCallum Judge 30 January 2008 9 years, 199 days
Rein, NigelNigel Rein Judge 5 May 2008 9 years, 104 days Judge of the District Court
(2002 - 4 May 2008 		[27]
Hulme, RobertRobert Hulme Judge 2 March 2009 8 years, 168 days [28]
Slattery, MichaelMichael Slattery Judge 25 May 2009 8 years, 84 days [29]
Davies, DavidDavid Davies Judge 29 June 2009 8 years, 49 days [30]
Schmidt, MonikaMonika Schmidt Judge 27 July 2009 8 years, 21 days Judge of the Industrial Court of NSW
Pembroke, MichaelMichael Pembroke Judge 12 April 2010 7 years, 127 days [31]
Ball, MichaelMichael Ball Judge 13 April 2010 7 years, 126 days [32]
Garling, PeterPeter Garling RFD Judge 7 June 2010 7 years, 71 days [33]
Sackar, JohnJohn Sackar Judge 1 February 2011 6 years, 197 days [34]
Black, AshleyAshley Black Judge 4 July 2011 6 years, 44 days [35]
Adamson, ChristineChristine Adamson Judge 17 October 2011 5 years, 304 days [36]
Bellew, GeoffreyGeoffrey Bellew Judge 31 January 2012 5 years, 198 days [17][37]
Stevenson, JamesJames Stevenson Judge 1 February 2012 5 years, 197 days [17][38]
Beech-Jones, RobertRobert Beech-Jones Judge 12 March 2012 5 years, 158 days [39]
Campbell, StephenStephen Campbell Judge 2 May 2012 5 years, 107 days [40]
Button, RichardRichard Button Judge 12 June 2012 5 years, 66 days [41]
Lindsay, GeoffGeoff Lindsay Judge 6 August 2012 5 years, 11 days [42]
Hallen, PhilipPhilip Hallen Judge 12 November 2012 4 years, 278 days
Associate Judge 5 July 2010 11 November 2012 2 years, 129 days [43]
Kunc, FrancoisFrancois Kunc Judge 8 April 2013 4 years, 131 days [44]
Robb, StephenStephen Robb Judge 20 June 2013 4 years, 58 days [45]
Darke, RowanRowan Darke Judge 16 August 2013 4 years, 1 day [46]
Wright, RobertsonRobertson Wright Judge 25 October 2013 3 years, 296 days [47]
Hamill, PeterPeter Hamill Judge 29 April 2014 3 years, 110 days [48]
Wilson, HelenHelen Wilson Judge 3 November 2014 2 years, 287 days
Fagan, DesDes Fagan Judge 11 June 2015 2 years, 67 days
Adams, NatalieNatalie Adams Judge 5 April 2016 1 year, 134 days
Lonergan, JuliaJulia Lonergan Judge 21 March 2017 149 days [12]
Parker, GuyGuy Parker Judge 6 April 2017 133 days [49]
Hidden, PeterPeter Hidden AM Acting Judge
Judge 16 October 1995 21 years, 305 days
Mathews, JaneJane Mathews AO Acting Judge
Harrison, JoanneJoanne Harrison Associate Judge

See also

References

  1. ↑ "Second Charter of Justice" (PDF). Founding Documents. Historical Records of Australia. 2 April 1814. p. 10. Retrieved 8 March 2012.
  2. ↑ "Third Charter of Justice". Historical Records of Australia. 13 October 1823. Retrieved 8 March 2012.
  3. ↑ Bennett, J. M. (1974). A History of the Supreme Court of New South Wales. Sydney: The Law Book Co. ISBN 0-455-19240-5.
  4. ↑ 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.
  5. ↑ Graham, Sally (2000-05-26). "Setting the Benchmark". Alumni news. Charles Sturt University. Archived from the original on 2005-07-19. Retrieved 2008-02-10.
  6. ↑ "Media Watch" (PDF). Gazette. Sydney, NSW: The University of Sydney. 1999. p. 14. Archived from the original (PDF) on 2008-02-28. Retrieved 2008-02-10..
  7. ↑ Patty, A (13 May 2011). "Tom Bathurst appointed NSW Chief Justice". The Sydney Morning Herald.
  8. ↑ "Swearing-In Ceremony of the Honourable TF Bathurst QC". [2011] NSWJSchol 17.
  9. ↑ Alexander, H (20 December 2012). "First female head to run appeal court". The Sydney Morning Herald. Retrieved 8 August 2016.
  10. ↑ "Swearing-In Ceremony of the Honourable Robert Bruce Scott Macfarlan QC". [2008] NSWJSchol 20.
  11. ↑ "Swearing-In Ceremony of the Honourable Anthony Meagher SC". [2011] NSWJSchol 24.
  12. 1 2 3 Speakman M, NSW Attorney General (8 March 2017). "New NSW Supreme Court judges appointed".
  13. ↑ "Swearing-In Ceremony of the Honourable Julie Ward". [2008] NSWJSchol 19.
  14. ↑ "Swearing in Ceremony of the Honourable Justice Fabian Gleeson". [2013] NSWJSchol 13.
  15. ↑ "Swearing-In Ceremony of the Honourable Justice Mark James Leeming SC". [2013] NSWJSchol 23.
  16. ↑ "Swearing-In Ceremony Of The Honourable Richard Weeks White". [2013] NSWJSchol 8.
  17. 1 2 3 Smith, G NSW Attorney-General (8 December 2011). "Judicial Appointments for NSW" (PDF).
  18. ↑ "Farewell Ceremony for the Hon Justice R I Barrett" (PDF). NSW Supreme Court. 20 April 2015.
  19. ↑ "Swearing in Ceremony of the Honourable Reginald Ian Barrett" (PDF). NSW Supreme Court.
  20. ↑ "Swearing in Ceremony of the Honourable Arthur Robert Emmett". [2013] NSWJSchol 8.
  21. ↑ "Annual report 1998" (PDF). Industrial Relations Commission of NSW.
  22. ↑ 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)
  23. ↑ "Swearing in Ceremony of the Honourable Derek Michael Price". [2006] NSWJSchol 12.
  24. ↑ "Swearing in Ceremony of the Honourable David Jacob Hammerschlag". [2007] NSWJSchol 1.
  25. ↑ "Swearing in Ceremony of the Honourable Ian Gordon Harrison". [2007] NSWJSchol 3.
  26. ↑ "Swearing in Ceremony of the Honourable Elizabeth Fullerton SC". [2007] NSWJSchol 2.
  27. ↑ "Swearing-In Ceremony of the Honourable Nigel Rein". [2008] NSWJSchol 11.
  28. ↑ "Swearing-In Ceremony of the Honourable Robert Hulme". [2009] NSWJSchol 5.
  29. ↑ "Swearing-In Ceremony of the Honourable Michael Slattery QC". [2009] NSWJSchol 9.
  30. ↑ "Swearing-In Ceremony of the Honourable David Davies SC". [2009] NSWJSchol 10.
  31. ↑ "Swearing-In Ceremony of the Honourable Michael Pembroke SC". [2010] NSWJSchol 6.
  32. ↑ "Swearing-In Ceremony of the Honourable Michael Ball". [2010] NSWJSchol 14.
  33. ↑ "Swearing-In Ceremony of the Honourable Peter Garling RFD SC". [2010] NSWJSchol 13.
  34. ↑ "Swearing-In Ceremony of the Honourable John Sackar QC". [2011] NSWJSchol 2.
  35. ↑ "Swearing-In Ceremony of the Honourable Ashley Black". [2011] NSWJSchol 20.
  36. ↑ "Swearing-In Ceremony of the Honourable Christine Adamson SC". [2011] NSWJSchol 34.
  37. ↑ "Swearing-In Ceremony of the Honourable Geoffrey Bellew". [2012] NSWJSchol 3.
  38. ↑ "Swearing-In Ceremony of the Honourable James Stevenson". [2012] NSWJSchol 8.
  39. ↑ "Swearing-In Ceremony of the Honourable Robert Beech-Jones". [2012] NSWJSchol 15.
  40. ↑ "Swearing-In Ceremony of the Honourable Stephen Campbell". [2012] NSWJSchol 23.
  41. ↑ "Swearing-In Ceremony of the Honourable Richard Button". [2012] NSWJSchol 25.
  42. ↑ "Swearing-In Ceremony of the Honourable Geoffrey Charles Lindsay". [2012] NSWJSchol 31.
  43. ↑ "Swearing-In Ceremony of the Honourable Phillip Hallen SC". [2010] NSWJSchol 15.
  44. ↑ "Swearing-In Ceremony of the Honourable Francois Kunc SC". [2013] NSWJSchol 14.
  45. ↑ "Swearing-In Ceremony of the Honourable Justice Stephen Robb QC". [2013] NSWJSchol 20.
  46. ↑ "Swearing in Ceremony of the Honourable Justice Rowan James Hunter Darke SC". [2013] NSWJSchol 28.
  47. ↑ "Swearing in Ceremony of the Honourable Justice Robertson Wright". [2013] NSWJSchol 38.
  48. ↑ "Swearing-In Ceremony of the Honourable Peter Hamill SC". [2014] NSWJSchol 24.
  49. ↑ Speakman, M Attorney-General (15 March 2017). "New NSW Supreme Court judge appointed" (PDF).
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