Supreme Court of Norfolk Island

Supreme Court of Norfolk Island
Established 30 May 1957 (1957-05-30)
Country Norfolk Island
Coral Sea Islands
Location Kingston
Decisions are appealed to Federal Court of Australia (Full Court)
Judge term length mandatory retirement by age of 70
No. of positions 3
Chief Justice of Norfolk Island
Currently Anthony Besanko
Since 26 February 2015 (2015-02-26)

The Supreme Court of Norfolk Island is the superior court for Australian territory of Norfolk Island. It has unlimited jurisdiction within the territory in civil matters and hears the most serious criminal matters.[1] It also has jurisdiction over the Coral Sea Islands Territory.[2] 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.[3]

History

Prior to 1960 almost all matters were heard by the Chief Magistrate who was also the Administrator. If there was a need for a judge then a person was appointed specifically for that purpose. The first such appointment was Ernest Docker, a judge of the District Court of NSW,[4] who was appointed to hear the trial of Anne Christian who had been charged with infanticide. Before the judge arrived, Thomas Mollett had been charged with the attempted murder of his 18-month-old daughter.[5] In 1908 Hugh Pollock was appointed to hear the trial of J F Young for stealing a copper boiler, a relic of HMS Bounty.[6]

In 1935 Charles Nobbs sued the Administrator, Charles Pinney, for being wrongly removed as the President of the Executive Council in 1934. William Coyle, a judge of the District Court of NSW, was appointed to hear the case.[7]

The first person to have a standing appointment as a judge in Norfolk Island was ACT Supreme Court Judge, William Simpson in 1953.[8] It is unclear whether he ever heard a case in Norfolk Island.

The Court was established by the Norfolk Island Act 1957.[9] Although that Act was repealed by the Norfolk Island Act 1979, the Court continued in existence as "the Superior Court of Record of the Territory".[10]

Practice and procedure

Under the 1979 Act the jurisdiction, practice and procedure of the Supreme Court shall be as provided under "enactment",[11] a term which includes any "Ordinance continued in force by (the 1979) Act".[12] One such ordinance is the Supreme Court Ordinance 1960, now the Supreme Court Act 1960 (NI), which provides that the Supreme Court has the same jurisdiction in and in relation to the Territory as the Supreme Court of the Australian Capital Territory has in and in relation to the ACT,[1] which in turn has the same original jurisdiction, civil and criminal, as the Supreme Court of New South Wales had in relation to NSW immediately before 1 January 1911.[13]

Jurisdiction

The Court deals with matters arising under specific Norfolk Island laws such as Probate and Administration of Deceased estates;[14] serious indictable offences and crimes;[15] Bail on serious offences;[16] and registration of Maintenance Orders made by foreign courts (not Australian Child Support assessments);[17] and exercises federal jurisdiction for those Australian federal laws that are expressed to apply to the Territory of Norfolk Island.[18] Foreign Judgements may be registered in the Supreme Court of Norfolk Island since the Foreign Judgments Act 1991 (Cth) is expressed to apply to all external Territories of Australia (of which Norfolk Island is one).[19]

In a practical sense its civil and commercial jurisdiction commences at claims that cannot be dealt with by the Court of Petty Sessions for Norfolk Island which deals with small claims and claims under $A10,000.

According to section 8 of the Coral Sea Islands Act 1969, "the courts of Norfolk Island" have jurisdiction "in and in relation to" the Coral Sea Islands Territory. The Supreme Court thus constitutes the superior court of the Coral Sea Islands. Jurisdiction is unlimited except for matters relating to the Offshore Petroleum and Greenhouse Gas Storage Act 2006.[2]

Location of Sittings

The Supreme Court may, if appropriate, sit in civil cases in New South Wales, Victoria or the ACT as well as in the Territory, but criminal cases must be dealt with in the Territory.[20]

An appeal lies from the Supreme Court to a full court of the Federal Court.[21]

The Supreme Court of Norfolk Island still relies upon the Supreme Court Act 1960 (Norfolk Island) – formerly the Supreme Court Ordinance 1960 – and relies for its Rules of Court and Procedure on the Rules of the Supreme Court of the Australian Capital Territory until such time as the Norfolk Island Court decides to make any specific Supreme Court Rule on a particular matter or topic.

Establishment

The Norfolk Island Act 1979 recited that Parliament recognised the special relationship of the descendants of the settlers from Pitcairn Island with Norfolk Island; and that Parliament

"consider(ed) it to be desirable and to be the wish of the people of Norfolk Island that Norfolk Island achieve, over a period of time, internal self-government as a Territory under the authority of the Commonwealth and, to that end, to provide, among other things, for the establishment of a representative Legislative Assembly and of other separate political and administrative institutions on Norfolk Island".[22]

The 1979 Act repealed the 1957,[9] and 1963 Acts.[23] Part II of the 1979 Act ("Administration") provided for the appointment by the Governor-General of an Administrator (ss.5, 6) and for the establishment of the Administration of Norfolk Island as a body politic (s.5(2)). An Executive Council was established to advise the Administrator (s.11). The Administrator may, on the advice of the Legislative Assembly, appoint a member of the Legislative Assembly to executive office (s.13).[24]

The "Judicial System" is dealt with in Part VII of the 1979 Act. The Supreme Court established by the 1957 Act continues in existence, notwithstanding the repeal of that Act (s.52(1)). The Governor-General may appoint a person who, or persons each of whom, is a Judge of another court created by the Parliament to be a Judge or Judges of the Supreme Court (s.53).

Other courts and tribunals for the Territory may be established by or under enactment (s.60).

Section 67(1) empowers the Governor-General to make regulations, in particular to (s.67(1)(a)):

"(a) (make) provision for and in relation to sittings of the Supreme Court in a State or in a Territory other than Norfolk Island for the purpose of hearing and determining a matter, otherwise than in the exercise of its criminal jurisdiction, if a Judge is satisfied that the hearing of the matter outside the Territory is not contrary to the interests of justice..."

Judges

The Judges of the Supreme Court of Norfolk Island are generally appointed from among Justices of the Federal Court who may sit on the Australian mainland or they may convene the court on Norfolk Island depending on the type of matter they may be dealing with.

Supreme Court sittings are generally conducted on a circuit court basis with Judges attending on Norfolk Island where the volume of work may be sufficient to justify the travel or where a regular court sitting has not been convened for some time or where the law governing a particular matter may require that the court be convened on Norfolk Island and not elsewhere (e.g. most criminal law matters except sexual offences which may now be tried off-island).

The Court staff are generally resident on Norfolk Island.

Judges (including Chief Justices)

Name Position Appointment
commenced		 Appointment
ended		 Comments Notes
Sir Richard Eggleston KC Judge 27 October 1960 1969 Commonwealth Industrial Court (1960–1974)
ACT Supreme Court (1960–1974)		 [25]
Sir Percy Joske CMG Judge 10 December 1965 31 December 1977 Commonwealth Industrial Court (1960–1977)
ACT Supreme Court (1960–1977)
NT Supreme Court (1961–1977)		 [26]
Edward Dunphy KC Judge 17 March 1969 31 December 1982 Commonwealth Industrial Court (1956–1982)
ACT Supreme Court (1958–1982)
Supreme Court of Christmas Island (1961–1982)
Supreme Court of the Cocos (Keeling) Islands (1961–1982)
Court of Appeal of Nauru (1967–1982)		 [27]
Robert St John Judge 2 August 1978 Federal Court
Australian Industrial Court
ACT Supreme Court
NT Supreme Court		 [28]
Phillip Evatt DSC Judge 24 February 1981 28 February 1987 Federal Court [29]
Russell Fox AC, QC Chief Judge 22 January 1982 31 March 1989 Federal Court [30]
Trevor Morling QC Judge 8 March 1984 1 February 1993 Federal Court [31]
Murray Wilcox AO, QC Judge 2 October 2006 Chief Justice of Industrial Relations Court
Federal Court
ACT Supreme Court
Bryan Beaumont AO Judge 1989 2004 Federal Court
Chief Justice 1993
Mark Weinberg Chief Justice 16 December 2004 19 July 2008 Federal Court
ACT Supreme Court
Susan Kiefel AC Judge 16 December 2004 3 September 2007 Federal Court
Peter Jacobson Judge 28 June 2007 25 January 2015 Federal Court
Chief Justice 12 December 2008
Garry Downes AM Judge 10 April 2008 15 May 2012 Federal Court
Bruce Lander Judge 12 December 2008 31 August 2013 Federal Court
ACT Supreme Court
Robert Buchanan QC Judge 2013 10 September 2016 Federal Court
Anthony Besanko Judge 5 August 2013 Federal Court
ACT Supreme Court		 [32]
Chief Justice 26 February 2015 Federal Court [33]
John Gilmour Judge 26 February 2015 Federal Court [33]
Michael Wigney Judge 15 June 2017 Federal Court
ACT Supreme Court		 [34]

References

  1. 1 2 Supreme Court Act 1960 (NI) s 5 Jurisdiction of Supreme Court.
  2. 1 2 Coral Sea Islands Act 1969 (Cth) s 8 Courts having jurisdiction in the Territory
  3. ↑ Judiciary Act 1903 (Cth) s 35A
  4. ↑ Woodman, S. J. (1981). "Docker, Ernest Brougham (1842–1923)". Australian Dictionary of Biography. 8. Canberra: Australian National University. Retrieved 11 June 2018.
  5. ↑ "Norfolk Island: Judge Docker's mission". The Daily Telegraph. 26 June 1894. p. 3. Retrieved 11 June 2018 – via National Library of Australia.
  6. ↑ "A judge for Norfolk Island". The Australian Star. 1 October 1908. p. 1. Retrieved 11 June 2018 – via National Library of Australia. "A visit to Norfolk Island". Clarence and Richmond Examiner. 12 December 1908. p. 3. Retrieved 11 June 2018 – via National Library of Australia.
  7. ↑ "Administrator in case: Judge for Norfolk Island". Northern Star. 19 July 1935. p. 13. Retrieved 11 June 2018 – via National Library of Australia. "To hear one case: Judge's trip to Norfolk Island". The Daily Telegraph. New South Wales, Australia. 19 July 1935. p. 10. Retrieved 11 June 2018 – via National Library of Australia. "Norfolk Island. Administrator sued. Illegal Meeting of Council". The Canberra Times. 24 August 1935. p. 1. Retrieved 11 June 2018 – via National Library of Australia.
  8. ↑ "Territory of Norfolk Island". Australian Government Gazette (9). 12 February 1953. p. 351. Retrieved 11 June 2018 – via National Library of Australia. ; "Norfolk Island Judge". The Canberra Times. 27, . 13 February 1953. p. 4. Retrieved 11 June 2018 – via National Library of Australia.
  9. 1 2 Norfolk Island Act 1957 (Cth).
  10. ↑ Norfolk Island Act 1979 (Cth) s 52 Constitution of Supreme Court.
  11. ↑ Norfolk Island Act 1979 (Cth) s 59 Jurisdiction of Supreme Court.
  12. ↑ Norfolk Island Act 1979 (Cth) s 4(1) Interpretation.
  13. ↑ Supreme Court Act 1933 (ACT)
  14. ↑ Administration and Probate Act 2006 (NI)
  15. ↑ Criminal Law Act 1960 (NI) adopting the NSW Crimes Act of 1900.
  16. ↑ Bail Act 2005 (NI) s23 Power of Supreme Court to grant bail.
  17. ↑ Maintenance Orders (Facilities for Enforcement) Act 1960 (NI).
  18. ↑ Norfolk Island Act 1979 (Cth) s 18 Application of Commonwealth Acts.
  19. ↑ Foreign Judgments Act (Cth) s 4 External Territories.
  20. ↑ Norfolk Island Regulations 2017 (Cth) s 7 Supreme Court may sit in a State, the Australian Capital Territory or the Northern Territory.
  21. ↑ Federal Court of Australia Act 1976 (Cth) s 24 Appellate jurisdiction.
  22. ↑ Norfolk Island Act 1979 (Cth) Preamble.
  23. ↑ Norfolk Island Act 1963 (Cth).
  24. ↑ Brown v Administration of Norfolk Island [1991] FCA 256, (1991) 29 FCR 511, Federal Court (Australia).
  25. ↑ "Appointment of the Honourable Richard Moulton Eggleston as a Judge of the Supreme Court of Norfolk Island" (PDF). Cth Gazette. 1 December 1960. p. 4133.
  26. ↑ "Appointment of the Honourable Percy Joske as a Judge of the Supreme Court of Norfolk Island" (PDF). Cth Gazette. 13 January 1966. p. 70.
  27. ↑ "Appointment of the Honourable Edward Arthur Dunphy as a Judge of the Supreme Court of Norfolk Island" (PDF). Cth Gazette. 17 March 1969. p. 2686.
  28. ↑ "Appointment of the Honourable Robert St John as a Judge of the Supreme Court of Norfolk Island" (PDF). Cth Gazette. 22 August 1978. p. 9.
  29. ↑ "Appointment of the Honourable Phillip George Evatt as a Judge of the Supreme Court of Norfolk Island" (PDF). Cth Gazette. 24 February 1981. pp. 2–3.
  30. ↑ "Appointment of Chief Judge of the Supreme Court of Norfolk Island" (PDF). Cth Gazette. 17 March 1969. p. 2686.
  31. ↑ "Appointment of the Honourable Trevor Morling as a Judge of the Supreme Court of Norfolk Island" (PDF). Cth Gazette. 20 March 1984. p. 1042.
  32. ↑ "Federal Court of Australia Annual Report 2013-14" (PDF). Federal Court. Retrieved 6 June 2018.
  33. 1 2 "Judicial Appointments for Norfolk Island". Australian Government. 10 March 2015. Retrieved 6 June 2018.
  34. ↑ "Federal Court of Australia Annual Report 2016-17" (PDF). Federal Court. Retrieved 6 June 2018.
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