The Chief Judge in each trial division also sits in the Court of Appeal from time to time. SC CA 1; Legislation, Regulations and Rules; Sources of New South Wales Court of Appeal Jurisdiction; Resources: Common Procedural and Preliminary Issues; Contact 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. 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.
Figures 1.1 and 1.2 illustrate the court hierarchy in New South Wales and the gateways to appeal in . Annual Reviews, and view Applying for a grant of administration with the Will annexed, 3. Uniform Civil Procedure Rules 2005, Part 51 (in particular) Civil Procedure Act 2005. Although the New South Wales Court of Appeal commenced operation 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 Court of Appeal was established in 1965, replacing the former appellate Full Court of the New South Wales Supreme Court. The Chief Judge at Common Law, Justice Hoeben, and the Chief Judge in Equity, Justice Ward, also sit on the Court of Appeal (and the Court of Criminal Appeal) from time to time. [3] Hoeben and Ward will on occasion sit as appeal judges from time to time.
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. 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. Most judges in the Court of Appeal also sit on the Court of Criminal Appeal in varying degrees of frequency.
The Supreme Court's central location is the Law Courts Building in Queen's Square, Sydney, New South Wales. The Court of Appeal is the final court of appeal in New South Wales. Decisions are also reproduced on AustLii.This collection includes historical judgments handed down before 1900. 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 current judges serving on the Court as of April 2020[update],[15] and the dates of their appointment, are listed below.
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. They are Justice Hoeben and Justice Ward. judicial officers of the Supreme Court, other courts,
Also in 1840, the Parliament of New South Wales established a separate equity division in the court. Two of them are heads of the Common Law Division and the Equity Division, and sit full-time in those Divisions as primary judges.
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 court consists of 52 permanent judges, three Acting Judges of Appeal, two Acting Judges, and an Associate Judge. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. 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. Applying for a grant of letters of administration, 4. The Court of Appeal operates pursuant to the Supreme Court Act 1970 (NSW). 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. 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]. Government and Related Employees Appeal Tribunal of NSW, Government and Related Employees Appeal Tribunal, List of New South Wales courts and tribunals, List of judges of appeal of the NSW Court of Appeal, "Tom Bathurst appointed NSW Chief Justice", "New President of the NSW Court of Appeal", https://en.wikipedia.org/w/index.php?title=New_South_Wales_Court_of_Appeal&oldid=977252877, All Wikipedia articles written in Australian English, Articles containing potentially dated statements from February 2020, All articles containing potentially dated statements, Creative Commons Attribution-ShareAlike License, This page was last edited on 7 September 2020, at 20:06. 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 Court of Appeal hears applications for leave to appeal and appeals from single judges of the Supreme Court and from other NSW courts and tribunals.
Former Acting Judges of Appeal include Murray Tobias, Ronald Sackville, who was a former Federal Court Judge and is now a Royal Commissioner, and Reginald Barrett.
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. 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.
… 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. 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.
All three courts were concerned with civil matters only. 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. Please turn on JavaScript and try again. 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 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. Despite its naming, the Court is located in St James' Road, opposite the north-western edge of Hyde Park. 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. 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. More..., New Practice Note SC Eq 12 - Real Property List (20/5/15), New Practice Note SC Gen 20 - Citation of Authority (15/5/15), New security arrangements for Hospital Road Court Complex (2/2/15), JudgmentsThe War Memorial ProjectOnline Court ListsSpeeches, Access a searchable database promoting awareness of recent appellate decisions of interest to the Australian and international legal community., Download court documents filed in Class Actions commenced under
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. Practice Note No. However, ex-convicts were not permitted to be admitted. The High Court of Australia has exercised this power on a number of occasions. There is no Banco Road. 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. [1] The Court of Appeal must grant leave to appeal a judgment of an inferior court, before it hears the appeal proper. 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 interior of the courtroom has aesthetic significance and is said to be modelled on St Stephen's Court in Dublin. Summaries of judgments in which there is a particular public or legal interest are also available online. The building was added to the New South Wales State Heritage Register on 2 April 1999. This building is now called the Greenway Wing. The statute was passed on 19 July 1823.[3]. 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]. 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. 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. Browse Barnet extended the Old Registry building in 1875 and 1886.[13]. That charter provided that there should be a Supreme Court constituted by a Judge appointed by the King's commission and two Magistrates. NSWCA decisions before the High Court; Speeches; Practice & procedure.