New South Wales Court of Appeal

New South Wales Court of Appeal
Established 1 January 1966 (1966-01-01)
Jurisdiction New South Wales, Australia
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 High Court of Australia
Decisions are heard for appeals from
Judge term length mandatory retirement by age of 72
Website supremecourt.justice.nsw.gov.au
Chief Justice of New South Wales
Currently Justice Tom Bathurst AC
Since 1 June 2011 (2011-06-01)
President of the Court of Appeal
Currently Justice Margaret Beazley AO
Since 1 March 2013 (2013-03-01)

The New South Wales Court of Appeal, part of the Supreme Court of New South Wales, is the highest court for civil matters and has appellate jurisdiction in the Australian state of New South Wales.

Jurisdiction

The Court of Appeal operates pursuant to the Supreme Court Act 1970 (NSW). The Court hears appeals from a variety of courts and tribunals in New South Wales, in particular the Supreme Court, the Industrial Court, the Land and Environment Court, the District Court, the Dust Diseases Tribunal, the Workers Compensation Commission, and the Government and Related Employees Appeal Tribunal.[1] The Court of Appeal must grant leave to appeal a judgment of an inferior court, before it hears the appeal proper.

If a petitioner is not satisfied with the decision made by the Court of Appeal, application may be made to the High Court of Australia for special leave to appeal the decision before the High Court. Because special leave is only granted by the High Court under certain conditions, the Court of Appeal is in effect a court of final appeal for many matters.

History

Although the New South Wales Court of Appeal commenced operation on 1 January 1966 with the appointment of the President, Sir Gordon Wallace, and six Judges of Appeal, Bernard Sugerman, Charles McLelland, Cyril Walsh, Kenneth Jacobs, Kenneth Asprey and John Holmes Dashwood, the Court of Appeal was established in 1965, replacing the former appellate Full Court of the New South Wales Supreme Court.[2] The advent of the Court of Appeal was controversial, as it introduced another order and unexpectedly uprooted the established order of hierarchy and seniority among judges of the Supreme Court.[2]

Current Composition

The Court of Appeal consists of the Chief Justice of New South Wales, the President of the Court of Appeal and ten judges of appeal. There are ten judges of appeal with current commissions. However, two of them, Justice Hoeben and Justice Ward are not operating full-time as judges of appeal. Justice Hoeben is Chief Judge at Common Law,[3] Justice Ward is Chief Judge in Equity.[3] In addition there are three acting judges of appeal, Justices Sackville, Emmettt and Simpson, who do not sit full time.[3]

Judges who may form a panel or hear sentence appeals from the Drug Court alone are listed below:

NameTitleTerm beganTime in office
Tom Bathurst ACChief Justice [4]1 June 20117 years, 137 days
Margaret Beazley AOPresident, Court of Appeal [5]2 January 20135 years, 287 days
Clifton Hoeben AM, RFDJudge of Appeal23 April 20126 years, 176 days
Chief Judge at Common Law21 February 20135 years, 237 days
Julie WardJudge of Appeal12 November 20125 years, 338 days
Chief Judge in Equity15 March 20171 year, 215 days
Ruth McColl AOJudge of Appeal[3]29 April 200315 years, 170 days
John Basten2 May 200513 years, 167 days
Robert Macfarlan8 September 200810 years, 38 days
Anthony Meagher10 August 20117 years, 67 days
Fabian Gleeson29 April 20135 years, 170 days
Mark Leeming3 June 20135 years, 135 days
Anthony Payne30 March 20162 years, 200 days
Richard White15 March 20171 year, 215 days
Ronald SackvilleActing Judge of Appeal
Arthur Emmett7 March 20135 years, 223 days
Carolyn SimpsonApril 2018198 days

Most judges in the Court of Appeal also sit on the Court of Criminal Appeal in varying degrees of frequency. The Chief Judge at Common Law, Justice Hoeben, and the Chief Judge in Equity, Justice Ward, also sit on the Court of Appeal (and the Court of Criminal Appeal) from time to time.

Presidents of the Court of Appeal

Name Appointment
commenced		 Appointment
ended		 Term as
President		 Comments
Sir Gordon Wallace1 January 196621 January 19704 years, 20 daysRetired
Sir Bernard Sugerman2 January 197030 September 19722 years, 252 daysRetired
Sir Kenneth Jacobs KBE1 October 19727 February 19741 year, 129 daysAppointed to the High Court
Athol Moffitt CMG8 February 197425 June 198410 years, 138 daysRetired
Michael Kirby AC CMG24 September 19846 February 199611 years, 135 daysAppointed to the High Court
Dennis Mahoney AO19 February 19963 February 1997350 daysRetired.
Keith Mason AC4 February 199730 May 200811 years, 183 daysRetired
James Allsop AO1 June 200828 February 20134 years, 272 daysAppointed Chief Justice of the Federal Court
Margaret Beazley AO1 March 20135 years, 229 days

See also

References

  1. ↑ "About the Supreme Court". Supreme Court of New South Wales. New South Wales Government. 20 May 2015. Retrieved 8 August 2016.
  2. 1 2 Kirby, M (2008). "Judicial Supersession: The Controversial Establishment of the New South Wales Court of Appeal". Sydney Law Review. Camperdown: Sydney Law School (30): 177–208.
  3. 1 2 3 4 "Judicial officer contact details". Supreme Court of New South Wales. Retrieved 28 June 2017.
  4. ↑ Patty, A (13 May 2011). "Tom Bathurst appointed NSW Chief Justice". The Sydney Morning Herald.
  5. ↑ Alexander, H (20 December 2012). "First female head to run appeal court". The Sydney Morning Herald. Retrieved 8 August 2016.
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