Supreme Court of New South Wales

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The Supreme Court of New South Wales is the highest state court for 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.

1 Background to the establishment of the Court
2 History
3 Structure and Jurisdiction
4 Chief Justices of New South Wales
5 References

[edit] Background to the establishment of the Court

The first superior court of New South Wales (known as the Supreme Court of Civil Judicature) was established by the Letters Patent dated 2 April 1814. They are known as the Second Charter of Justice. 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 Diemans Land (the former name for Tasmania). All three courts were concerned with civil matters only.

[edit] History

Legislation to establish a new supreme court for both New South Wales and Van Diemans 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 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.

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.

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 prothonotory, 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.

The charter gave precedence to the Chief Justice over all other subjects except the Governor (or acting Governor) of the colony.

The charter also 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 where not permitted to be admitted.

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 1970, was one of the last Common Law jurisdictions in the world to fuse 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.

[edit] Structure and Jurisdiction

The court now operates under the Supreme Court Act 1970, although provisions on the appointment and removal of judicial officers were incorporated into the state's Constitution in 1992. The court consists of 47 judges, including the Chief Justice, the President of the Court of Appeal, 9 Judges of Appeal, the Chief Judge in Equity and the Chief Judge in Common Law. 4 Associate Judges deal with pre-trial motions and non-jury trials. The Chief Justice usually sits in the Court of Criminal Appeal while the President sits in the Court of Appeal.

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, 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.