Supreme Court of Victoria

Supreme Court of Victoria
Emblem of the Supreme Court of Victoria
Arms of the Supreme Court of Victoria
Established 1852
Country  Victoria,  Australia
Location Melbourne
Coordinates 37°48′51″S 144°57′29″E / 37.814132°S 144.957932°E / -37.814132; 144.957932Coordinates: 37°48′51″S 144°57′29″E / 37.814132°S 144.957932°E / -37.814132; 144.957932
Composition method Appointed by Governor on the advice of the Executive Council.
Authorized by Victorian Constitution
Decisions are appealed to High Court of Australia
Judge term length mandatory retirement by age of 70
No. of positions 61
Website www.supremecourt.vic.gov.au
Chief Justice of Victoria
Currently The Honourable Chief Justice Anne Ferguson
Since 2 October 2017

The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. It was founded in 1852, and is a superior court of common law and equity, with unlimited jurisdiction within the state. Those courts lying below it include the County Court of Victoria and the Magistrates' Court of Victoria. The Victorian Civil and Administrative Tribunal, which is not a court, serves a judicial function. Above it lies the High Court of Australia. This places it around the middle of the Australian court hierarchy. The building itself is on the Victorian Heritage Register.

Jurisdiction of Supreme Court

The Supreme Court has two divisions - the Trial Division and the Court of Appeal.

The Trial Division sits with one judge, and usually acts as a court of original jurisdiction for serious criminal matters such as murder, attempted murder, corporate offences and certain conspiracy charges, and civil matters which are considered to involve greater complexity or amounts of money more than would be appropriate to have determined in the Magistrates' Court (whose civil jurisdictional limit is $100,000) or County Court (whose jurisdiction has since the beginning of 2007 been unlimited as to amount). The Trial Division also acts as an appeal court from the Magistrates' Court on questions of law, and appeals from the Victorian Civil and Administrative Tribunal on points of law, except against an order of the President or Vice-President of the Tribunal. It also hears federal indictable offences such as treason.

The Commercial Court is a sub-division of the Trial Division, composed of specialist judges to deal with commercial disputes.

The Court of Appeal hears appeals from the County Court and the Trial Division, as well as appeals on points of law from the Victorian Civil and Administrative Tribunal against the order of the President or Vice-President, and usually consists of a panel of three Judges of Appeal. In rare cases where it is sought to overrule or reconsider the correctness of a previous Court of Appeal decision, it can sit with five judges.

Front facade of the Supreme Court of Victoria
Supreme Court of Victoria Front Entrance
View of Lonsdale Street facade
Supreme Court of Victoria Library Tower Dome

Locations

The Supreme Court of Victoria is located on the corner of Lonsdale and William Streets, Melbourne CBD, at the same intersection as the Melbourne Magistrates' Court and the County Court of Victoria.

The main buildings for the Supreme Court are located at the corner of William and Lonsdale Streets in Melbourne and in nearby buildings.[1]

The Supreme Court also does circuits to Ballarat, Geelong, Warrnambool, Hamilton, Horsham, Bendigo, Mildura, Shepparton, Wangaratta, Wodonga, Sale and Morwell. In these locations the Court uses the facilities of the local Magistrates' Court.[1]

Current Judges

(appointment date in brackets):[2]

Chief Justice

  • Anne Ferguson (Trial Division from 3 May 2010; Court of Appeal from 12 August 2014)

President of the Court of Appeal

Judges of the Court of Appeal

  • Mark Weinberg (28 July 2008)
  • Pamela Tate (16 September 2010)
  • Robert Osborn (7 February 2012)
  • Simon Whelan (Trial Division from 17 March 2004; 16 October 2012)
  • Phillip Priest (23 October 2012)
  • Joseph Santamaria (20 August 2013)
  • David Beach (Trial Division from 5 September 2008; 22 October 2013)
  • Emilios Kyrou (Trial Division from 15 May 2008; 29 July 2014)
  • Stephen Kaye (Trial Division from 2003; 3 February 2015)
  • Stephen McLeish (5 March 2015)
  • Richard Niall (28 November 2017)
  • Kim Hargrave (Trial Division from 18 March 2005; 19 December 2017)

Judges of the Trial Division

See also

References

  1. 1 2 "Locations". Supremecourt.vic.gov.au. Retrieved 2017-05-22.
  2. "Judges". Supreme Court of Victoria. Archived from the original on 1 March 2015.
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