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.
Historyedit
The Court of Appeal was established in 1965, replacing the former appellate Full Court of the New South Wales Supreme Court,[2] and commenced operations 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 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 compositionedit
The Court of Appeal, as of March 2024[update], consists of the Chief Justice of New South Wales, the President of the Court of Appeal and the judges of appeal. Apart from the Chief Justice and the President of the Court, there are nine judges of appeal with current commissions. Traditionally two of them are heads of the Common Law Division and the Equity Division, and sit full-time in those Divisions as primary judges. The Chief Judge at Common Law is currently Ian Harrison, while the Chief Judge at Equity is currently David Hammerschlag.[3] The chief judges will on occasion sit as appeal judges from time to time.
The Governor can appoint Acting Judges of Appeal. They have all rights and powers as a Judge of Appeal. There are presently two acting judges of appeal, John Griffiths and John Basten. Each sit full-time in the Court of Appeal, although will hear primary cases in the Divisions as the need arises.[3]
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 and the Chief Judge in Equity also sit on the Court of Appeal (and the Court of Criminal Appeal) from time to time.
^"About the Supreme Court". Supreme Court of New South Wales. New South Wales Government. 20 May 2015. Retrieved 8 August 2016.
^ abKirby, M (2008). "Judicial Supersession: The Controversial Establishment of the New South Wales Court of Appeal". Sydney Law Review (30). Camperdown: Sydney Law School: 177–208.
^ abc"Judicial officer contact details". Supreme Court of New South Wales. Retrieved 8 March 2022.
^ ab"New Chief Justice of NSW". NSW Department of Communities and Justice. Retrieved 28 February 2022.
^ ab"New President of the Court of Appeal". NSW Department of Communities and Justice. Retrieved 28 February 2022.
^. 9 November 2023. Archived from the original on 13 August 2021.
^Speakman, M Attorney-General (16 March 2022). "New appointmenbts to strengthen Supreme Court" (PDF). Retrieved 21 March 2022.
^Speakman, M (23 January 2019). "New President of the NSW Court of Appeal" (PDF). NSW Bar Association. Retrieved 23 January 2019.
External linksedit
Supreme Court website
Court of Appeal Judgments (Caselaw NSW)
Supreme Court Act 1970 (NSW)
January 01, 1970
south, wales, court, appeal, part, supreme, court, south, wales, highest, court, civil, matters, appellate, jurisdiction, australian, state, south, wales, 868918, 211628, 868918, 211628established1, january, 1966, 1966, jurisdiction, south, waleslocationsydney. 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 New South Wales Court of Appeal33 52 08 S 151 12 42 E 33 868918 S 151 211628 E 33 868918 151 211628Established1 January 1966 1966 01 01 Jurisdiction New South WalesLocationSydneyCoordinates33 52 08 S 151 12 42 E 33 868918 S 151 211628 E 33 868918 151 211628Composition methodVice regal appointment upon Premier s nomination following advice of the Attorney General and CabinetAuthorized byParliament of New South Wales via the Constitution Act 1902 NSW Supreme Court Act 1970 NSW Appeals toHigh Court of AustraliaAppeals fromSupreme Court of New South WalesIndustrial Court of NSWLand and Environment Court of NSWDistrict Court of NSWDust Diseases Tribunal of NSWWorkers Compensation Commission of NSWGovernment and Related Employees Appeal Tribunal of NSWJudge term lengthMandatory retirement by age of 75Websitesupremecourt justice nsw gov auChief Justice of New South WalesCurrentlyJustice Andrew BellSince7 March 2022 7 March 2022 President of the Court of AppealCurrentlyJustice Julie WardSince7 March 2022 7 March 2022 Contents 1 Jurisdiction 2 History 3 Current composition 4 Presidents of the Court of Appeal 5 See also 6 References 7 External linksJurisdiction editThe 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 editThe Court of Appeal was established in 1965 replacing the former appellate Full Court of the New South Wales Supreme Court 2 and commenced operations 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 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 editThe Court of Appeal as of March 2024 update consists of the Chief Justice of New South Wales the President of the Court of Appeal and the judges of appeal Apart from the Chief Justice and the President of the Court there are nine judges of appeal with current commissions Traditionally two of them are heads of the Common Law Division and the Equity Division and sit full time in those Divisions as primary judges The Chief Judge at Common Law is currently Ian Harrison while the Chief Judge at Equity is currently David Hammerschlag 3 The chief judges will on occasion sit as appeal judges from time to time The Governor can appoint Acting Judges of Appeal They have all rights and powers as a Judge of Appeal There are presently two acting judges of appeal John Griffiths and John Basten Each sit full time in the Court of Appeal although will hear primary cases in the Divisions as the need arises 3 Name Title Term began Time in office Notes Andrew Bell Chief Justice 7 March 2022 2 years 51 days 4 Julie Ward President Court of Appeal 7 March 2022 2 years 51 days 5 Anthony Meagher Judge of Appeal 10 August 2011 12 years 261 days 3 Fabian Gleeson 29 April 2013 10 years 364 days Mark Leeming 3 June 2013 10 years 329 days Anthony Payne 30 March 2016 8 years 28 days Richard White 15 March 2017 7 years 43 days Anna Mitchelmore 28 March 2022 2 years 30 days Jeremy Kirk 21 April 2022 2 years 6 days Christine Adamson 7 December 2022 1 year 142 days Kristina Stern 8 June 2023 324 days Ian Harrison Chief Judge at Common Law 9 November 2023 170 days 6 David Hammerschlag Chief Judge in Equity 17 March 2022 2 years 41 days 7 John Griffiths Acting Judge of Appeal 10 April 2022 2 years 17 days John Basten Acting Judge of Appeal 17 April 2022 2 years 10 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 and the Chief Judge in Equity also sit on the Court of Appeal and the Court of Criminal Appeal from time to time Presidents of the Court of Appeal editName Appointmentcommenced Appointmentended Term asPresident Comments Notes Sir Gordon Wallace 1 January 1966 21 January 1970 4 years 20 days Retired Sir Bernard Sugerman 2 January 1970 30 September 1972 2 years 252 days Retired Sir Kenneth Jacobs KBE 1 October 1972 7 February 1974 1 year 129 days Appointed to the High Court Athol Moffitt CMG 8 February 1974 25 June 1984 10 years 138 days Retired Michael Kirby AC CMG 24 September 1984 6 February 1996 11 years 135 days Appointed to the High Court Dennis Mahoney AO 19 February 1996 3 February 1997 350 days Retired Keith Mason AC 4 February 1997 30 May 2008 11 years 183 days Retired James Allsop AO 1 June 2008 28 February 2013 4 years 272 days Appointed Chief Justice of the Federal Court Margaret Beazley AO 1 March 2013 27 February 2019 5 years 363 days Appointed Governor of NSW Andrew Bell 28 February 2019 7 March 2022 3 years 7 days Appointed Chief Justice of New South Wales 8 4 Julie Ward 7 March 2022 2 years 51 days 5 See also edit nbsp New South Wales portal nbsp Law portal List of New South Wales courts and tribunals List of judges of appeal of the NSW Court of AppealReferences edit About the Supreme Court Supreme Court of New South Wales New South Wales Government 20 May 2015 Retrieved 8 August 2016 a b Kirby M 2008 Judicial Supersession The Controversial Establishment of the New South Wales Court of Appeal Sydney Law Review 30 Camperdown Sydney Law School 177 208 a b c Judicial officer contact details Supreme Court of New South Wales Retrieved 8 March 2022 a b New Chief Justice of NSW NSW Department of Communities and Justice Retrieved 28 February 2022 a b New President of the Court of Appeal NSW Department of Communities and Justice Retrieved 28 February 2022 New Chief Judge at Common Law appointed to NSW Supreme Court 9 November 2023 Archived from the original on 13 August 2021 Speakman M Attorney General 16 March 2022 New appointmenbts to strengthen Supreme Court PDF Retrieved 21 March 2022 Speakman M 23 January 2019 New President of the NSW Court of Appeal PDF NSW Bar Association Retrieved 23 January 2019 External links editSupreme Court website Court of Appeal Judgments Caselaw NSW Supreme Court Act 1970 NSW Retrieved from https en wikipedia org w index php title New South Wales Court of Appeal amp oldid 1216776948 Presidents of the Court of Appeal, wikipedia, wiki, book, books, library,
