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Supreme Court of New South Wales

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.

Supreme Court of New South Wales
33°52′08″S 151°12′42″E / 33.868918°S 151.211628°E / -33.868918; 151.211628
Established1823
Jurisdiction New South Wales
LocationSydney
Coordinates33°52′08″S 151°12′42″E / 33.868918°S 151.211628°E / -33.868918; 151.211628
Composition methodVice-regal appointment upon Premier's nomination, following advice of the Attorney General and Cabinet
Authorized byParliament of New South Wales via the:
  • Constitution Act 1902 (NSW)
  • Supreme Court Act 1970 (NSW)
  • Civil Procedure Act 2005 (NSW)
Appeals to
Appeals fromDistrict Court of New South Wales
Local Court of New South Wales
Judge term lengthMandatory retirement by age of 72
Number of positions52
Websitesupremecourt.justice.nsw.gov.au
Chief Justice of New South Wales
CurrentlyJustice Andrew Bell AC
Since7 March 2022 (2022-03-07)
Chief Judge at Common Law
CurrentlyRobert Beech-Jones
Since31 August 2021 (2021-08-31)
Chief Judge in Equity
CurrentlyJulie Ward
Since15 March 2017 (2017-03-15)

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 Andrew Bell, the President of the Court of Appeal, 10 Judges of Appeal, the Chief Judge at Common Law, and the Chief Judge in Equity.

The Supreme Court's central location is the Law Courts Building in Queen's Square, Sydney, New South Wales.

History edit

Background edit

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][2]

Establishment edit

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.[3]

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.[4] The division existed until 1852, when it was replaced by the Supreme Court of Victoria following the creation of the Colony of Victoria.[5]

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.[6] 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.[7]

Structure and jurisdiction edit

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 edit

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

Greenway Wing edit

 
Greenway Wing on King Street

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.[8][9]

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.[10][11][12]

Old Registry Wing edit

 
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.[13]

Banco Court wing edit

 
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 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. The court building is located in St James' Road, opposite the north-western edge of Hyde Park. Although in some sources it is referred to as "Banco Road Court", the origin of this alternative name is unknown - there is no Banco Road.

Law Courts Building edit

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 McConnel 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.[14]

Judges edit

The current judges serving on the Court as of April 2020,[15] and the dates of their appointment, are listed below.

Name Position Appointment
commenced
Appointment
ended
Term in office Comments Notes
Andrew Bell Chief Justice 5 March 2022 1 year, 261 days President of the Court of Appeal (2019–2022) [16]
Julie Ward President of the Court of Appeal 5 March 2022 1 year, 261 days Chief Judge in Equity (2017–2022) [17]
John Basten Judge of Appeal 2 May 2005 18 years, 203 days
Robert Macfarlan 8 September 2008 15 years, 74 days
Anthony Meagher 10 August 2011 12 years, 103 days
Fabian Gleeson 29 April 2013 10 years, 206 days [18]
Mark Leeming 3 June 2013 10 years, 171 days [19]
Anthony Payne 30 March 2016 7 years, 236 days
Richard White 15 March 2017 6 years, 251 days [20]
Judge 27 April 2004 19 years, 208 days [21]
Paul Brereton AM, RFD Judge of Appeal 23 August 2018 5 years, 90 days [22]
Judge 15 August 2005 18 years, 98 days
Anna Mitchelmore Judge of Appeal 28 March 2022 [23]
Robert Beech-Jones Chief Judge at Common Law
Judge of Appeal
31 August 2021 2 years, 82 days [24]
David Hammerschlag Chief Judge in Equity 17 March 2022 1 year, 249 days [23]
Judge 30 January 2007 16 years, 295 days [25]
Carolyn Simpson Acting Judge of Appeal 30 March 2018 5 years, 236 days
Judge of Appeal 11 June 2015 29 March 2018 2 years, 291 days
Judge 22 December 1993 24 years, 97 days
Michael Walton Judge 8 December 2016 24 years, 338 days Former Vice President & President of the Industrial Court of NSW
(December 1998 - December 2016)
[26][27]
Peter Johnson 1 February 2005 18 years, 293 days
Stephen Rothman AM 3 May 2005 18 years, 202 days
Derek Price AM 28 August 2006 17 years, 85 days [28]
Ian Harrison 12 February 2007 16 years, 282 days [29]
Elizabeth Fullerton 19 February 2007 16 years, 275 days [30]
Nigel Rein 5 May 2008 15 years, 200 days Judge of the District Court (2002 - 4 May 2008) [31]
Robert Hulme 2 March 2009 14 years, 264 days [32]
Michael Slattery 25 May 2009 14 years, 180 days Judge Advocate General (Australia) [33]
David Davies 29 June 2009 14 years, 145 days [34]
Michael Ball 13 April 2010 13 years, 222 days [35]
Peter Garling RFD 7 June 2010 13 years, 167 days [36]
John Sackar 1 February 2011 12 years, 293 days [37]
Ashley Black 4 July 2011 12 years, 140 days [38]
Christine Adamson 17 October 2011 12 years, 35 days [39]
Geoffrey Bellew 31 January 2012 11 years, 294 days [40][41]
James Stevenson 1 February 2012 11 years, 293 days [40][42]
Robert Beech-Jones 12 March 2012 11 years, 254 days [43]
Stephen Campbell 2 May 2012 11 years, 203 days [44]
Richard Button 12 June 2012 11 years, 162 days [45]
Geoff Lindsay 6 August 2012 11 years, 107 days [46]
Philip Hallen Judge 12 November 2012 11 years, 9 days
Associate Judge 5 July 2010 11 November 2012 2 years, 129 days [47]
Francois Kunc Judge 8 April 2013 10 years, 227 days [48]
Stephen Robb 20 June 2013 10 years, 154 days [49]
Rowan Darke 16 August 2013 10 years, 97 days [50]
Robertson Wright 25 October 2013 10 years, 27 days [51]
Peter Hamill 29 April 2014 9 years, 206 days [52]
Helen Wilson 3 November 2014 9 years, 18 days
Des Fagan 11 June 2015 8 years, 163 days
Natalie Adams 5 April 2016 7 years, 230 days
Julia Lonergan 21 March 2017 6 years, 245 days [20]
Guy Parker 6 April 2017 6 years, 229 days [53]
Kelly Rees 5 September 2018 5 years, 77 days [54]
Lea Armstrong 31 October 2018 5 years, 21 days Formerly the NSW Crown Solicitor, Appointed as President of the NSW Civil and Administrative Tribunal [55]
Trish Henry 30 January 2019 4 years, 295 days [56]
Mark Ierace 31 January 2019 4 years, 294 days [57]
Richard Cavanagh 19 September 2019 4 years, 66 days [58]
Kate Williams 15 April 2020 3 years, 220 days [59]
Hament Dhanji 20 September 2021 2 years, 62 days [60]
Elisabeth Peden 6 April 2022 [61]
Monika Schmidt Acting Judge 3 February 2020 3 years
Judge 27 July 2009 11 September 2019 10 years, 46 days Judge of the Industrial Court of NSW (1993–2009) [62][58]
Joanne Harrison Associate Judge 1997 25–26 years

See also edit

References edit

  1. ^ "Second Charter of Justice" (PDF). Transcribed from Historical Records of Australia. Founding Documents. 2 April 1814. Retrieved 22 October 2018.
  2. ^ "Supreme Court of New South Wales". www.records.nsw.gov.au. 19 January 2019. Retrieved 30 January 2019.
  3. ^ . Historical Records of Australia. 13 October 1823. Archived from the original on 3 April 2007. Retrieved 8 March 2012.
  4. ^ Bennett, J. M. (1974). A History of the Supreme Court of New South Wales. Sydney: The Law Book Co. ISBN 0-455-19240-5.
  5. ^ 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.
  6. ^ Graham, Sally (26 May 2000). "Setting the Benchmark". Alumni news. Charles Sturt University. Archived from the original on 19 July 2005. Retrieved 10 February 2008.
  7. ^ (PDF). Gazette. Sydney, NSW: The University of Sydney. 1999. p. 14. Archived from the original (PDF) on 28 February 2008. Retrieved 10 February 2008..
  8. ^ "Sydney Supreme Court House (Old Court House)". New South Wales State Heritage Register. Department of Planning & Environment. H00800. Retrieved 2 June 2018.   Text is licensed by State of New South Wales (Department of Planning and Environment) under CC-BY 4.0 licence.
  9. ^ "Sydney Supreme Courthouse (Old Supreme Court)". New South Wales Heritage Database. Office of Environment & Heritage. Retrieved 27 August 2018.
  10. ^ "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.
  11. ^ "Hyde Park Barracks". New South Wales State Heritage Register. Department of Planning & Environment. H00190. Retrieved 25 October 2017.   Text is licensed by State of New South Wales (Department of Planning and Environment) under CC-BY 4.0 licence.
  12. ^ "St. James' Anglican Church". New South Wales State Heritage Register. Department of Planning & Environment. H01703. Retrieved 17 November 2013.   Text is licensed by State of New South Wales (Department of Planning and Environment) under CC-BY 4.0 licence.
  13. ^ "Old Registry Office, Sydney Supreme Court House". New South Wales State Heritage Register. Department of Planning & Environment. H00801. Retrieved 27 August 2018.   Text is licensed by State of New South Wales (Department of Planning and Environment) under CC-BY 4.0 licence.
  14. ^ Pearse , Stephen (30 July 2009). "Refit does justice to law courts". FM Magazine. Niche Media. Retrieved 27 August 2018.
  15. ^ "Judicial officer contract details". SupremeCourt.justice.nsw.gov.au. Retrieved 22 February 2019.
  16. ^ "New Chief Justice of NSW". NSW Department of Communities and Justice. Retrieved 28 February 2022.
  17. ^ "New President of the Court of Appeal". NSW Department of Communities and Justice. Retrieved 28 February 2022.
  18. ^ "Swearing in Ceremony of the Honourable Justice Fabian Gleeson". [2013] NSW Judicial Scholarship 13.
  19. ^ "Swearing-In Ceremony of the Honourable Justice Mark James Leeming SC". [2013] NSW Judicial Scholarship 23.
  20. ^ a b Speakman M, NSW Attorney General (8 March 2017). "New NSW Supreme Court judges appointed".
  21. ^ "Swearing-In Ceremony Of The Honourable Richard Weeks White". [2013] NSW Judicial Scholarship 8.
  22. ^ Speakman, M Attorney-General (22 August 2018). "Justice Brereton to join the Court of Appeal" (PDF). Retrieved 21 September 2018.
  23. ^ a b Speakman, M Attorney-General (16 March 2022). "New appointmenbts to strengthen Supreme Court" (PDF). Retrieved 21 March 2022.
  24. ^ . 11 August 2021. Archived from the original on 13 August 2021.
  25. ^ "Swearing in Ceremony of the Honourable David Jacob Hammerschlag". [2007] NSW Judicial Scholarship 1.
  26. ^ "Annual report 1998" (PDF). Industrial Relations Commission of NSW.
  27. ^ 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)
  28. ^ "Swearing in Ceremony of the Honourable Derek Michael Price". [2006] NSW Judicial Scholarship 12.
  29. ^ "Swearing in Ceremony of the Honourable Ian Gordon Harrison". [2007] NSW Judicial Scholarship 3.
  30. ^ "Swearing in Ceremony of the Honourable Elizabeth Fullerton SC". [2007] NSW Judicial Scholarship 2.
  31. ^ "Swearing-In Ceremony of the Honourable Nigel Rein". [2008] NSW Judicial Scholarship 11.
  32. ^ "Swearing-In Ceremony of the Honourable Robert Hulme". [2009] NSW Judicial Scholarship 5.
  33. ^ "Swearing-In Ceremony of the Honourable Michael Slattery QC". [2009] NSW Judicial Scholarship 9.
  34. ^ "Swearing-In Ceremony of the Honourable David Davies SC". [2009] NSW Judicial Scholarship 10.
  35. ^ "Swearing-In Ceremony of the Honourable Michael Ball". [2010] NSW Judicial Scholarship 14.
  36. ^ "Swearing-In Ceremony of the Honourable Peter Garling RFD SC". [2010] NSW Judicial Scholarship 13.
  37. ^ "Swearing-In Ceremony of the Honourable John Sackar QC". [2011] NSW Judicial Scholarship 2.
  38. ^ "Swearing-In Ceremony of the Honourable Ashley Black". [2011] NSW Judicial Scholarship 20.
  39. ^ "Swearing-In Ceremony of the Honourable Christine Adamson SC". [2011] NSW Judicial Scholarship 34.
  40. ^ a b Smith, G NSW Attorney-General (8 December 2011). "Judicial Appointments for NSW" (PDF).
  41. ^ "Swearing-In Ceremony of the Honourable Geoffrey Bellew". [2012] NSW Judicial Scholarship 3.
  42. ^ "Swearing-In Ceremony of the Honourable James Stevenson". [2012] NSW Judicial Scholarship 8.
  43. ^ "Swearing-In Ceremony of the Honourable Robert Beech-Jones". [2012] NSW Judicial Scholarship 15.
  44. ^ "Swearing-In Ceremony of the Honourable Stephen Campbell". [2012] NSW Judicial Scholarship 23.
  45. ^ "Swearing-In Ceremony of the Honourable Richard Button". [2012] NSW Judicial Scholarship 25.
  46. ^ "Swearing-In Ceremony of the Honourable Geoffrey Charles Lindsay". [2012] NSW Judicial Scholarship 31.
  47. ^ "Swearing-In Ceremony of the Honourable Phillip Hallen SC". [2010] NSW Judicial Scholarship 15.
  48. ^ "Swearing-In Ceremony of the Honourable Francois Kunc SC". [2013] NSW Judicial Scholarship 14.
  49. ^ "Swearing-In Ceremony of the Honourable Justice Stephen Robb QC". [2013] NSW Judicial Scholarship 20.
  50. ^ "Swearing in Ceremony of the Honourable Justice Rowan James Hunter Darke SC". [2013] NSW Judicial Scholarship 28.
  51. ^ "Swearing in Ceremony of the Honourable Justice Robertson Wright". [2013] NSW Judicial Scholarship 38.
  52. ^ "Swearing-In Ceremony of the Honourable Peter Hamill SC". [2014] NSW Judicial Scholarship 24.
  53. ^ Speakman, M Attorney-General (15 March 2017). "New NSW Supreme Court judge appointed" (PDF).
  54. ^ Speakman, M Attorney-General (22 August 2018). "Leading female silk elevated from bar to bench" (PDF). Retrieved 21 September 2018.
  55. ^ "Law Society congratulates Lea Armstrong". www.lawsociety.com.au. Retrieved 22 February 2019.
  56. ^ Speakman, M Attorney-General (5 December 2018). "New Supreme Court and Court of Appeal judges" (PDF). Retrieved 28 January 2019.
  57. ^ Speakman, M Attorney-General (21 December 2018). "Senior Public Defender joins the judiciary". Retrieved 28 January 2019.
  58. ^ a b Speakman, M Attorney-General (4 September 2019). "Senior barrister joins Supreme Court bench" (PDF). Retrieved 28 February 2020.
  59. ^ Speakman, M Attorney-General (1 April 2020). "Top female silk joins Supreme Court bench" (PDF). Retrieved 11 June 2020.
  60. ^ "Sydney silk to become Supreme Court judge". NSW Department of Communities and Justice. 8 September 2021. Retrieved 7 March 2022.
  61. ^ "Swearing-In Ceremony of the Honourable Elisabeth Mary Peden as a Judge of the Supreme Court of New South Wales" (PDF). Supreme Court of New South Wales. 6 April 2022. (PDF) from the original on 28 March 2023.
  62. ^ Hatzistergos, J (2 July 2009). "Media Release: IR Judge appointed to NSW Supreme Court" (PDF).

External links edit

  •   Media related to Supreme Court of New South Wales at Wikimedia Commons
  • "First Charter of Justice" (PDF). Transcribed from 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

supreme, court, south, wales, highest, state, court, australian, state, south, wales, unlimited, jurisdiction, within, state, civil, matters, hears, most, serious, criminal, matters, whilst, supreme, court, highest, south, wales, court, australian, court, hier. 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 Supreme Court of New South WalesThe Law Courts Building in Queen s Square Sydney33 52 08 S 151 12 42 E 33 868918 S 151 211628 E 33 868918 151 211628Established1823Jurisdiction 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 Civil Procedure Act 2005 NSW Appeals toNew South Wales Court of AppealNew South Wales Court of Criminal AppealAppeals fromDistrict Court of New South WalesLocal Court of New South WalesJudge term lengthMandatory retirement by age of 72Number of positions52Websitesupremecourt justice nsw gov auChief Justice of New South WalesCurrentlyJustice Andrew Bell ACSince7 March 2022 2022 03 07 Chief Judge at Common LawCurrentlyRobert Beech JonesSince31 August 2021 2021 08 31 Chief Judge in EquityCurrentlyJulie WardSince15 March 2017 2017 03 15 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 Andrew Bell the President of the Court of Appeal 10 Judges of Appeal the Chief Judge at Common Law and the Chief Judge in Equity The Supreme Court s central location is the Law Courts Building in Queen s Square Sydney New South Wales Contents 1 History 1 1 Background 1 2 Establishment 2 Structure and jurisdiction 3 Court buildings 3 1 Greenway Wing 3 2 Old Registry Wing 3 3 Banco Court wing 3 4 Law Courts Building 4 Judges 5 See also 6 References 7 External linksHistory editBackground edit 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 2 Establishment edit 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 3 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 4 The division existed until 1852 when it was replaced by the Supreme Court of Victoria following the creation of the Colony of Victoria 5 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 6 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 7 Structure and jurisdiction editThe 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 editThe Supreme Court of New South Wales was proclaimed in Sydney on 17 May 1824 Greenway Wing edit Main article Greenway Wing Supreme Court of New South Wales nbsp Greenway Wing on King StreetThe 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 facade 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 8 9 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 10 11 12 Old Registry Wing edit nbsp The Old Registry building the second structure to house the Court completed in 1862 looking east across Elizabeth Street Main article Old Registry Wing Supreme Court of New South Wales 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 13 Banco Court wing edit Main article Banco Court Supreme Court of New South Wales nbsp Banco Road CourtDesigned by Walter Liberty Vernon and built between 1895 and 1896 in the Federation Free Classical style the two storey rich red brick Banco 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 The court building is located in St James Road opposite the north western edge of Hyde Park Although in some sources it is referred to as Banco Road Court the origin of this alternative name is unknown there is no Banco Road Law Courts Building edit Main article Law Courts Building Sydney 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 McConnel 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 14 Judges editFor a more comprehensive list see List of Judges of the Supreme Court of New South Wales The current judges serving on the Court as of April 2020 update 15 and the dates of their appointment are listed below Name Position Appointmentcommenced Appointmentended Term in office Comments NotesAndrew Bell Chief Justice 5 March 2022 1 year 261 days President of the Court of Appeal 2019 2022 16 Julie Ward President of the Court of Appeal 5 March 2022 1 year 261 days Chief Judge in Equity 2017 2022 17 John Basten Judge of Appeal 2 May 2005 18 years 203 daysRobert Macfarlan 8 September 2008 15 years 74 daysAnthony Meagher 10 August 2011 12 years 103 daysFabian Gleeson 29 April 2013 10 years 206 days 18 Mark Leeming 3 June 2013 10 years 171 days 19 Anthony Payne 30 March 2016 7 years 236 daysRichard White 15 March 2017 6 years 251 days 20 Judge 27 April 2004 19 years 208 days 21 Paul Brereton AM RFD Judge of Appeal 23 August 2018 5 years 90 days 22 Judge 15 August 2005 18 years 98 daysAnna Mitchelmore Judge of Appeal 28 March 2022 23 Robert Beech Jones Chief Judge at Common Law Judge of Appeal 31 August 2021 2 years 82 days 24 David Hammerschlag Chief Judge in Equity 17 March 2022 1 year 249 days 23 Judge 30 January 2007 16 years 295 days 25 Carolyn Simpson Acting Judge of Appeal 30 March 2018 5 years 236 daysJudge of Appeal 11 June 2015 29 March 2018 2 years 291 daysJudge 22 December 1993 24 years 97 daysMichael Walton Judge 8 December 2016 24 years 338 days Former Vice President amp President of the Industrial Court of NSW December 1998 December 2016 26 27 Peter Johnson 1 February 2005 18 years 293 daysStephen Rothman AM 3 May 2005 18 years 202 daysDerek Price AM 28 August 2006 17 years 85 days 28 Ian Harrison 12 February 2007 16 years 282 days 29 Elizabeth Fullerton 19 February 2007 16 years 275 days 30 Nigel Rein 5 May 2008 15 years 200 days Judge of the District Court 2002 4 May 2008 31 Robert Hulme 2 March 2009 14 years 264 days 32 Michael Slattery 25 May 2009 14 years 180 days Judge Advocate General Australia 33 David Davies 29 June 2009 14 years 145 days 34 Michael Ball 13 April 2010 13 years 222 days 35 Peter Garling RFD 7 June 2010 13 years 167 days 36 John Sackar 1 February 2011 12 years 293 days 37 Ashley Black 4 July 2011 12 years 140 days 38 Christine Adamson 17 October 2011 12 years 35 days 39 Geoffrey Bellew 31 January 2012 11 years 294 days 40 41 James Stevenson 1 February 2012 11 years 293 days 40 42 Robert Beech Jones 12 March 2012 11 years 254 days 43 Stephen Campbell 2 May 2012 11 years 203 days 44 Richard Button 12 June 2012 11 years 162 days 45 Geoff Lindsay 6 August 2012 11 years 107 days 46 Philip Hallen Judge 12 November 2012 11 years 9 daysAssociate Judge 5 July 2010 11 November 2012 2 years 129 days 47 Francois Kunc Judge 8 April 2013 10 years 227 days 48 Stephen Robb 20 June 2013 10 years 154 days 49 Rowan Darke 16 August 2013 10 years 97 days 50 Robertson Wright 25 October 2013 10 years 27 days 51 Peter Hamill 29 April 2014 9 years 206 days 52 Helen Wilson 3 November 2014 9 years 18 daysDes Fagan 11 June 2015 8 years 163 daysNatalie Adams 5 April 2016 7 years 230 daysJulia Lonergan 21 March 2017 6 years 245 days 20 Guy Parker 6 April 2017 6 years 229 days 53 Kelly Rees 5 September 2018 5 years 77 days 54 Lea Armstrong 31 October 2018 5 years 21 days Formerly the NSW Crown Solicitor Appointed as President of the NSW Civil and Administrative Tribunal 55 Trish Henry 30 January 2019 4 years 295 days 56 Mark Ierace 31 January 2019 4 years 294 days 57 Richard Cavanagh 19 September 2019 4 years 66 days 58 Kate Williams 15 April 2020 3 years 220 days 59 Hament Dhanji 20 September 2021 2 years 62 days 60 Elisabeth Peden 6 April 2022 61 Monika Schmidt Acting Judge 3 February 2020 3 yearsJudge 27 July 2009 11 September 2019 10 years 46 days Judge of the Industrial Court of NSW 1993 2009 62 58 Joanne Harrison Associate Judge 1997 25 26 yearsSee also edit nbsp New South Wales portal nbsp Law portal Chief Justice of New South Wales List of judges of the Supreme Court of New South Wales List of New South Wales courts and tribunals New South Wales Court of Appeal New South Wales Court of Criminal Appeal NSW Law Reports President of the NSW Court of AppealReferences edit Second Charter of Justice PDF Transcribed from Historical Records of Australia Founding Documents 2 April 1814 Retrieved 22 October 2018 Supreme Court of New South Wales www records nsw gov au 19 January 2019 Retrieved 30 January 2019 Third Charter of Justice Historical Records of Australia 13 October 1823 Archived from the original on 3 April 2007 Retrieved 8 March 2012 Bennett J M 1974 A History of the Supreme Court of New South Wales Sydney The Law Book Co ISBN 0 455 19240 5 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 Graham Sally 26 May 2000 Setting the Benchmark Alumni news Charles Sturt University Archived from the original on 19 July 2005 Retrieved 10 February 2008 Media Watch PDF Gazette Sydney NSW The University of Sydney 1999 p 14 Archived from the original PDF on 28 February 2008 Retrieved 10 February 2008 Sydney Supreme Court House Old Court House New South Wales State Heritage Register Department of Planning amp Environment H00800 Retrieved 2 June 2018 nbsp Text is licensed by State of New South Wales Department of Planning and Environment under CC BY 4 0 licence Sydney Supreme Courthouse Old Supreme Court New South Wales Heritage Database Office of Environment amp Heritage Retrieved 27 August 2018 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 Hyde Park Barracks New South Wales State Heritage Register Department of Planning amp Environment H00190 Retrieved 25 October 2017 nbsp Text is licensed by State of New South Wales Department of Planning and Environment under CC BY 4 0 licence St James Anglican Church New South Wales State Heritage Register Department of Planning amp Environment H01703 Retrieved 17 November 2013 nbsp Text is licensed by State of New South Wales Department of Planning and Environment under CC BY 4 0 licence Old Registry Office Sydney Supreme Court House New South Wales State Heritage Register Department of Planning amp Environment H00801 Retrieved 27 August 2018 nbsp Text is licensed by State of New South Wales Department of Planning and Environment under CC BY 4 0 licence Pearse Stephen 30 July 2009 Refit does justice to law courts FM Magazine Niche Media Retrieved 27 August 2018 Judicial officer contract details SupremeCourt justice nsw gov au Retrieved 22 February 2019 New Chief Justice of NSW NSW Department of Communities and Justice Retrieved 28 February 2022 New President of the Court of Appeal NSW Department of Communities and Justice Retrieved 28 February 2022 Swearing in Ceremony of the Honourable Justice Fabian Gleeson 2013 NSW Judicial Scholarship 13 Swearing In Ceremony of the Honourable Justice Mark James Leeming SC 2013 NSW Judicial Scholarship 23 a b Speakman M NSW Attorney General 8 March 2017 New NSW Supreme Court judges appointed Swearing In Ceremony Of The Honourable Richard Weeks White 2013 NSW Judicial Scholarship 8 Speakman M Attorney General 22 August 2018 Justice Brereton to join the Court of Appeal PDF Retrieved 21 September 2018 a b Speakman M Attorney General 16 March 2022 New appointmenbts to strengthen Supreme Court PDF Retrieved 21 March 2022 Media Release Appointment of Beech Jones CJ at CL 11 August 2021 Archived from the original on 13 August 2021 Swearing in Ceremony of the Honourable David Jacob Hammerschlag 2007 NSW Judicial Scholarship 1 Annual report 1998 PDF Industrial Relations Commission of NSW 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 Swearing in Ceremony of the Honourable Derek Michael Price 2006 NSW Judicial Scholarship 12 Swearing in Ceremony of the Honourable Ian Gordon Harrison 2007 NSW Judicial Scholarship 3 Swearing in Ceremony of the Honourable Elizabeth Fullerton SC 2007 NSW Judicial Scholarship 2 Swearing In Ceremony of the Honourable Nigel Rein 2008 NSW Judicial Scholarship 11 Swearing In Ceremony of the Honourable Robert Hulme 2009 NSW Judicial Scholarship 5 Swearing In Ceremony of the Honourable Michael Slattery QC 2009 NSW Judicial Scholarship 9 Swearing In Ceremony of the Honourable David Davies SC 2009 NSW Judicial Scholarship 10 Swearing In Ceremony of the Honourable Michael Ball 2010 NSW Judicial Scholarship 14 Swearing In Ceremony of the Honourable Peter Garling RFD SC 2010 NSW Judicial Scholarship 13 Swearing In Ceremony of the Honourable John Sackar QC 2011 NSW Judicial Scholarship 2 Swearing In Ceremony of the Honourable Ashley Black 2011 NSW Judicial Scholarship 20 Swearing In Ceremony of the Honourable Christine Adamson SC 2011 NSW Judicial Scholarship 34 a b Smith G NSW Attorney General 8 December 2011 Judicial Appointments for NSW PDF Swearing In Ceremony of the Honourable Geoffrey Bellew 2012 NSW Judicial Scholarship 3 Swearing In Ceremony of the Honourable James Stevenson 2012 NSW Judicial Scholarship 8 Swearing In Ceremony of the Honourable Robert Beech Jones 2012 NSW Judicial Scholarship 15 Swearing In Ceremony of the Honourable Stephen Campbell 2012 NSW Judicial Scholarship 23 Swearing In Ceremony of the Honourable Richard Button 2012 NSW Judicial Scholarship 25 Swearing In Ceremony of the Honourable Geoffrey Charles Lindsay 2012 NSW Judicial Scholarship 31 Swearing In Ceremony of the Honourable Phillip Hallen SC 2010 NSW Judicial Scholarship 15 Swearing In Ceremony of the Honourable Francois Kunc SC 2013 NSW Judicial Scholarship 14 Swearing In Ceremony of the Honourable Justice Stephen Robb QC 2013 NSW Judicial Scholarship 20 Swearing in Ceremony of the Honourable Justice Rowan James Hunter Darke SC 2013 NSW Judicial Scholarship 28 Swearing in Ceremony of the Honourable Justice Robertson Wright 2013 NSW Judicial Scholarship 38 Swearing In Ceremony of the Honourable Peter Hamill SC 2014 NSW Judicial Scholarship 24 Speakman M Attorney General 15 March 2017 New NSW Supreme Court judge appointed PDF Speakman M Attorney General 22 August 2018 Leading female silk elevated from bar to bench PDF Retrieved 21 September 2018 Law Society congratulates Lea Armstrong www lawsociety com au Retrieved 22 February 2019 Speakman M Attorney General 5 December 2018 New Supreme Court and Court of Appeal judges PDF Retrieved 28 January 2019 Speakman M Attorney General 21 December 2018 Senior Public Defender joins the judiciary Retrieved 28 January 2019 a b Speakman M Attorney General 4 September 2019 Senior barrister joins Supreme Court bench PDF Retrieved 28 February 2020 Speakman M Attorney General 1 April 2020 Top female silk joins Supreme Court bench PDF Retrieved 11 June 2020 Sydney silk to become Supreme Court judge NSW Department of Communities and Justice 8 September 2021 Retrieved 7 March 2022 Swearing In Ceremony of the Honourable Elisabeth Mary Peden as a Judge of the Supreme Court of New South Wales PDF Supreme Court of New South Wales 6 April 2022 Archived PDF from the original on 28 March 2023 Hatzistergos J 2 July 2009 Media Release IR Judge appointed to NSW Supreme Court PDF External links edit nbsp Media related to Supreme Court of New South Wales at Wikimedia Commons First Charter of Justice PDF Transcribed from 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 Retrieved from https en wikipedia org w index php title Supreme Court of New South Wales amp oldid 1168611151, wikipedia, wiki, book, books, library,

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