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
Local 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, three Acting Judges of Appeal, two Acting Judges, and an Associate Judge. Permanent judges include the Chief Justice of New South Wales, the President of the Court of Appeal, eleven 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.

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.

Court buildings

View north-east along Elizabeth Street of the Greenway/Harris-designed courthouse with St James' Church pictured right (John Rae, 1842).

The Supreme Court of New South Wales was proclaimed in Sydney on 17 May 1824.

Greenway Wing

The inaugural Supreme Court building that is located on the corner of King Street and Elizabeth Street in the Sydney central business district, adjacent to what is now known as Queen's Square, was built between 1820 and 1828. The two-storey rectangular Georgian building, with an additional loggia and cornice added in 1868, was designed by Francis Greenway in 1819 under the direction of Governor Macquarie. This building is now called the Greenway Wing. Greenway was dismissed before the building was completed and its design was so modified by his successor, Standish Lawrence Harris, that the building barely resembles his original design. The building was occupied by the Supreme Court from 1827. In the 1860s James Barnet designed additions for the building including an arcaded loggia along the King Street façade and the new classical cornice and parapet for the roof, giving the structure a Victorian Italianate appearance. The building was added to the New South Wales State Heritage Register on 2 April 1999.[7][8]

Greenway was also responsible for designing the nearby Hyde Park Barracks, recorded on the UNESCO World Heritage List, and St James' Church, listed on the New South Wales State Heritage Register.[9][10][11]

Old Registry Wing

The Old Registry building, the second structure to house the Court, completed in 1862, looking east across Elizabeth Street.

The second structure to house the Court is located immediately the southwest of the Greenway Wing on the corner of Elizabeth Street and St James Road. Designed by Government Architect Alexander Dawson, it is one of only two Government buildings which were designed in the Victorian Free Gothic style, the other being the nearby Land Titles Office. Built between 1859 and 1862 and listed on the New South Wales State Heritage Register on 2 April 1999, the site is now known as the Old Registry Building. Barnet extended the Old Registry building in 1875 and 1886.[12]

Banco Road Court

Designed by Walter Liberty Vernon and built between 1895 and 1896 in the Federation Free Classical style, the two-storey rich red brick Banco Road Court building was the third location of the Supreme Court. The Banco Wing is located to the east of the Old Registry building on St James Road and south of the Greenway Wing and makes little reference to the earlier buildings in either style or detailing. The interior of the courtroom has aesthetic significance and is said to be modelled on St Stephen's Court in Dublin. Despite it's naming, the Court is located in St James' Road, opposite the north-western edge of Hyde Park. There is no Banco Court Road.

Law Courts building

In 1976 the New South Wales Government completed construction of the Sydney Law Courts building, facing Queen's Square and bounded by Phillip Street and Macquarie Street. The 27-storey 33,000-square-metre (360,000 sq ft) building is owned by Law Courts Limited, a company whose shareholders comprise the Government of Australia and the Government of New South Wales. The building houses the High Court of Australia (when it sits in Sydney), the Federal Court of Australia and the NSW Supreme Court. The building was designed by architects McConnell Smith and Johnson and received an RAIA Merit Award in 1977 and stands as a strong, singular statement representative of its time and a product of the brutalist school of architecture. Refurbished in 2009 at a cost of A$214 million, a range of sustainability measures were implemented to extend the life and amenity of the building.[13]

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
Tom Bathurst ACChief Justice1 June 20117 years, 144 days[14][15]
Margaret Beazley AOPresident of the Court of Appeal1 March 20135 years, 236 days[16]
Judge of Appeal29 April 199622 years, 177 days
Ruth McColl AOJudge of Appeal29 April 200315 years, 177 days
John BastenJudge of Appeal2 May 200513 years, 174 days
Robert MacfarlanJudge of Appeal8 September 200810 years, 45 days[17]
Anthony MeagherJudge of Appeal10 August 20117 years, 74 days[18]
Clifton Hoeben AM RFDChief Judge at Common lawFebruary 22, 20135 years, 243 days
JudgeAugust 16, 200414 years, 68 days
Julie WardChief Judge in Equity15 March 20171 year, 222 days[19]
Judge of Appeal12 November 20125 years, 345 days
Judge29 September 200810 years, 24 days[20]
Peter McClellan AMJudge of Appeal21 February 20135 years, 244 daysChief Royal Commissioner of the child abuse Royal Commission
Chief Judge at Common Law1 September 200521 February 20137 years, 173 days
Judge29 January 200125 August 20032 years, 208 daysAppointed Chief Judge of the Land and Environment Court
(25 August 2003 – 1 September 2005)
Fabian GleesonJudge of Appeal29 April 20135 years, 177 days[21]
Mark LeemingJudge of Appeal3 June 20135 years, 142 days[22]
Carolyn SimpsonJudge of Appeal11 June 20153 years, 134 days
Anthony PayneJudge of Appeal30 March 20162 years, 207 days
Richard WhiteJudge of Appeal15 March 20171 year, 222 days[19]
Judge27 April 200414 years, 179 days[23]
Reginald BarrettActing Judge of Appeal16 March 20162 years, 221 days
Judge of Appeal25 January 201220 April 20153 years, 85 daysRetired at age 71, later appointed as an Acting Judge of Appeal[24][25]
JudgeMarch 19, 200114 years, 32 days[26]
Arthur Emmett AOJudge of Appeal7 March 201330 September 20152 years, 207 daysJudge of the Federal Court (3 Feb 1997 - 6 Mar 2013)[27]
Acting Judge of Appeal30 September 20153 years, 23 days
Ronald Sackville AOActing Judge of Appeal1 September 200810 years, 52 daysJudge of the Federal Court (19 Sep 1994 - 25 Aug 2008)
Michael WaltonJudge8 December 20161 year, 319 days
IRC Judicial Member18 December 199819 years, 309 daysVice President & President of the Industrial Court of NSW
(April 1998 - 7 December 2016)		[28][29]
Robert McDougallJudge21 August 200315 years, 63 days
Peter JohnsonJudge1 February 200513 years, 264 days
Megan LathamJudge12 April 200513 years, 194 daysFormer Commissioner of ICAC
Stephen Rothman AMJudge3 May 200513 years, 173 days
Paul Brereton AM RFDJudge15 August 200513 years, 69 days
Derek Price AMJudge28 August 200612 years, 56 days[30]
David HammerschlagJudge30 January 200711 years, 266 days[31]
Ian HarrisonJudge12 February 200711 years, 253 days[32]
Elizabeth FullertonJudge19 February 200711 years, 246 days[33]
Lucy McCallumJudge30 January 200810 years, 266 days
Nigel ReinJudge5 May 200810 years, 171 daysJudge of the District Court
(2002 - 4 May 2008		[34]
Robert HulmeJudge2 March 20099 years, 235 days[35]
Michael SlatteryJudge25 May 20099 years, 151 days[36]
David DaviesJudge29 June 20099 years, 116 days[37]
Monika SchmidtJudge27 July 20099 years, 88 daysJudge of the Industrial Court of NSW (1993-2009)[38]
Michael PembrokeJudge12 April 20108 years, 194 days[39]
Michael BallJudge13 April 20108 years, 193 days[40]
Peter Garling RFDJudge7 June 20108 years, 138 days[41]
John SackarJudge1 February 20117 years, 264 days[42]
Ashley BlackJudge4 July 20117 years, 111 days[43]
Christine AdamsonJudge17 October 20117 years, 6 days[44]
Geoffrey BellewJudge31 January 20126 years, 265 days[24][45]
James StevensonJudge1 February 20126 years, 264 days[24][46]
Robert Beech-JonesJudge12 March 20126 years, 225 days[47]
Stephen CampbellJudge2 May 20126 years, 174 days[48]
Richard ButtonJudge12 June 20126 years, 133 days[49]
Geoff LindsayJudge6 August 20126 years, 78 days[50]
Philip HallenJudge12 November 20125 years, 345 days
Associate Judge5 July 201011 November 20122 years, 129 days[51]
Francois KuncJudge8 April 20135 years, 198 days[52]
Stephen RobbJudge20 June 20135 years, 125 days[53]
Rowan DarkeJudge16 August 20135 years, 68 days[54]
Robertson WrightJudge25 October 20134 years, 363 days[55]
Peter HamillJudge29 April 20144 years, 177 days[56]
Helen WilsonJudge3 November 20143 years, 354 days
Des FaganJudge11 June 20153 years, 134 days
Natalie AdamsJudge5 April 20162 years, 201 days
Julia LonerganJudge21 March 20171 year, 216 days[19]
Guy ParkerJudge6 April 20171 year, 200 days[57]
Peter Hidden AMActing JudgeMarch 20162 years, 236 days
Judge16 October 1995February 201623 years, 7 days
Jane Mathews AOActing Judge
Joanne HarrisonAssociate 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. Archived from the original on 3 April 2007. 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. ↑ "Sydney Supreme Court House (Old Court House), New South Wales State Heritage Register (NSW SHR) Number H00800". New South Wales State Heritage Register. Office of Environment and Heritage. Retrieved 2 June 2018.
  8. ↑ "Sydney Supreme Courthouse (Old Supreme Court)". New South Wales Heritage Database. Office of Environment and Heritage. Retrieved 27 August 2018.
  9. ↑ "UNESCO World Heritage Centre – World Heritage Committee inscribes seven cultural sites on World Heritage List". UNESCO World Heritage Centre website. United Nations. 31 July 2010. Retrieved 25 October 2017.
  10. ↑ "Hyde Park Barracks, New South Wales State Heritage Register (NSW SHR) Number H00190". New South Wales State Heritage Register. Office of Environment and Heritage. Retrieved 25 October 2017.
  11. ↑ "St. James' Anglican Church, New South Wales State Heritage Register (NSW SHR) Number H01703". New South Wales State Heritage Register. Office of Environment and Heritage. Retrieved 17 November 2013.
  12. ↑ "Old Registry Office, Sydney Supreme Court House, New South Wales State Heritage Register (NSW SHR) Number H00801". New South Wales State Heritage Register. Office of Environment and Heritage. Retrieved 27 August 2018.
  13. ↑ Pearse , Stephen (30 July 2009). "Refit does justice to law courts". FM Magazine. Niche Media. Retrieved 27 August 2018.
  14. ↑ Patty, A (13 May 2011). "Tom Bathurst appointed NSW Chief Justice". The Sydney Morning Herald.
  15. ↑ "Swearing-In Ceremony of the Honourable TF Bathurst QC". [2011] NSW Judicial Scholarship 17.
  16. ↑ Alexander, H (20 December 2012). "First female head to run appeal court". The Sydney Morning Herald. Retrieved 8 August 2016.
  17. ↑ "Swearing-In Ceremony of the Honourable Robert Bruce Scott Macfarlan QC". [2008] NSW Judicial Scholarship 20.
  18. ↑ "Swearing-In Ceremony of the Honourable Anthony Meagher SC". [2011] NSW Judicial Scholarship 24.
  19. 1 2 3 Speakman M, NSW Attorney General (8 March 2017). "New NSW Supreme Court judges appointed".
  20. ↑ "Swearing-In Ceremony of the Honourable Julie Ward". [2008] NSW Judicial Scholarship 19.
  21. ↑ "Swearing in Ceremony of the Honourable Justice Fabian Gleeson". [2013] NSW Judicial Scholarship 13.
  22. ↑ "Swearing-In Ceremony of the Honourable Justice Mark James Leeming SC". [2013] NSW Judicial Scholarship 23.
  23. ↑ "Swearing-In Ceremony Of The Honourable Richard Weeks White". [2013] NSW Judicial Scholarship 8.
  24. 1 2 3 Smith, G NSW Attorney-General (8 December 2011). "Judicial Appointments for NSW" (PDF).
  25. ↑ "Farewell Ceremony for the Hon Justice R I Barrett" (PDF). NSW Supreme Court. 20 April 2015.
  26. ↑ "Swearing in Ceremony of the Honourable Reginald Ian Barrett" (PDF). NSW Supreme Court.
  27. ↑ "Swearing in Ceremony of the Honourable Arthur Robert Emmett". [2013] NSW Judicial Scholarship 8.
  28. ↑ "Annual report 1998" (PDF). Industrial Relations Commission of NSW.
  29. ↑ 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)
  30. ↑ "Swearing in Ceremony of the Honourable Derek Michael Price". [2006] NSW Judicial Scholarship 12.
  31. ↑ "Swearing in Ceremony of the Honourable David Jacob Hammerschlag". [2007] NSW Judicial Scholarship 1.
  32. ↑ "Swearing in Ceremony of the Honourable Ian Gordon Harrison". [2007] NSW Judicial Scholarship 3.
  33. ↑ "Swearing in Ceremony of the Honourable Elizabeth Fullerton SC". [2007] NSW Judicial Scholarship 2.
  34. ↑ "Swearing-In Ceremony of the Honourable Nigel Rein". [2008] NSW Judicial Scholarship 11.
  35. ↑ "Swearing-In Ceremony of the Honourable Robert Hulme". [2009] NSW Judicial Scholarship 5.
  36. ↑ "Swearing-In Ceremony of the Honourable Michael Slattery QC". [2009] NSW Judicial Scholarship 9.
  37. ↑ "Swearing-In Ceremony of the Honourable David Davies SC". [2009] NSW Judicial Scholarship 10.
  38. ↑ Hatzistergos, J (2 July 2009). "Media Release: IR Judge appointed to NSW Supreme Court" (PDF).
  39. ↑ "Swearing-In Ceremony of the Honourable Michael Pembroke SC". [2010] NSW Judicial Scholarship 6.
  40. ↑ "Swearing-In Ceremony of the Honourable Michael Ball". [2010] NSW Judicial Scholarship 14.
  41. ↑ "Swearing-In Ceremony of the Honourable Peter Garling RFD SC". [2010] NSW Judicial Scholarship 13.
  42. ↑ "Swearing-In Ceremony of the Honourable John Sackar QC". [2011] NSW Judicial Scholarship 2.
  43. ↑ "Swearing-In Ceremony of the Honourable Ashley Black". [2011] NSW Judicial Scholarship 20.
  44. ↑ "Swearing-In Ceremony of the Honourable Christine Adamson SC". [2011] NSW Judicial Scholarship 34.
  45. ↑ "Swearing-In Ceremony of the Honourable Geoffrey Bellew". [2012] NSW Judicial Scholarship 3.
  46. ↑ "Swearing-In Ceremony of the Honourable James Stevenson". [2012] NSW Judicial Scholarship 8.
  47. ↑ "Swearing-In Ceremony of the Honourable Robert Beech-Jones". [2012] NSW Judicial Scholarship 15.
  48. ↑ "Swearing-In Ceremony of the Honourable Stephen Campbell". [2012] NSW Judicial Scholarship 23.
  49. ↑ "Swearing-In Ceremony of the Honourable Richard Button". [2012] NSW Judicial Scholarship 25.
  50. ↑ "Swearing-In Ceremony of the Honourable Geoffrey Charles Lindsay". [2012] NSW Judicial Scholarship 31.
  51. ↑ "Swearing-In Ceremony of the Honourable Phillip Hallen SC". [2010] NSW Judicial Scholarship 15.
  52. ↑ "Swearing-In Ceremony of the Honourable Francois Kunc SC". [2013] NSW Judicial Scholarship 14.
  53. ↑ "Swearing-In Ceremony of the Honourable Justice Stephen Robb QC". [2013] NSW Judicial Scholarship 20.
  54. ↑ "Swearing in Ceremony of the Honourable Justice Rowan James Hunter Darke SC". [2013] NSW Judicial Scholarship 28.
  55. ↑ "Swearing in Ceremony of the Honourable Justice Robertson Wright". [2013] NSW Judicial Scholarship 38.
  56. ↑ "Swearing-In Ceremony of the Honourable Peter Hamill SC". [2014] NSW Judicial Scholarship 24.
  57. ↑ Speakman, M Attorney-General (15 March 2017). "New NSW Supreme Court judge appointed" (PDF).
  • Media related to Supreme Court of New South Wales at Wikimedia Commons
  • "First Charter of Justice" (PDF). Historical Records of Australia. 2 April 1787.
  • Constitution Act 1902 (NSW), Part 9 The judiciary
  • Supreme Court Act 1970 (NSW)
  • Civil Procedure Act 2005 (NSW)
  • "Supreme Court - Our History". Lawlink NSW. Retrieved 28 May 2005.
  • Chief Justices of New South Wales - Law and History 2: LawlinkNSW
  • Brief Overview of the Jurisdiction of the Supreme Court of New South Wales
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