District Court of South Australia
Encyclopedia
South Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
's principal trial court. It was established as a court of record
Court of record
In common law jurisdictions, a court of record is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a...
by the District Court Act 1991. Prior to that the Court had existed since 1969 under the Local and District Criminal Courts Act 1926.
Jurisdiction and appointment of judges
JudgeJudge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s of the District Court are appointed by the Governor of South Australia on the advice of the Executive Council
Executive Council (Commonwealth countries)
An Executive Council in Commonwealth constitutional practice based on the Westminster system is a constitutional organ which exercises executive power and advises the governor or governor-general. Executive Councils often make decisions via Orders in Council.Executive Councillors are informally...
. Once appointed, they cannot be removed from office except by an address from both houses of the South Australian Parliament
Parliament of South Australia
The Parliament of South Australia is the bicameral legislature of the Australian state of South Australia. It consists of the Legislative Council and the House of Assembly. It follows a Westminster system of parliamentary government....
. They must retire when they reach the age of 70. Judges of the Industrial Relations Court
Industrial Relations Court of South Australia
The Industrial Relations Court of South Australia is a South Australian court empowered to adjudicate on rights and liabilities arising out of employment. It was originally established under the Industrial Arbitration Act 1912 and is continued in existence as a court of record by the Fair Work Act...
, the Environment, Resources and Development Court, the Licencing Court and the Youth Court, as well as Masters
Master (judiciary)
A Master is judicial officer found in the courts of England and in numerous other jurisdictions based on the common law tradition. A master's jurisdiction is generally confined to civil proceedings and is a subset of that of a judge. Masters are typically involved in hearing motions, case...
of the Supreme Court
Supreme Court of South Australia
The Supreme Court of South Australia is the superior court for the Australian State of South Australia. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. The Supreme Court is the highest South Australian court in the Australian court...
, also formally hold office as District Court Judges. They are not listed on this page (except where they have also served as a District Court Judge).
The work of the Court is divided into four areas: civil, criminal, administrative and disciplinary, and criminal injuries. The District Court can hear most civil and criminal matters except for offences related to murder and treason. It also has jurisdiction over criminal injuries compensation claims. In the administrative and disciplinary division, the Court hears appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
s from various government agencies
Government agency
A government or state agency is a permanent or semi-permanent organization in the machinery of government that is responsible for the oversight and administration of specific functions, such as an intelligence agency. There is a notable variety of agency types...
, tribunals and disciplinary bodies. The Court is usually constituted of a single judge sitting alone or with a jury (in criminal trials only). In certain cases a judge may sit with two assessor
Assessor (law)
In some jurisdictions, an assessor is a judge's or magistrate's assistant. This is in fact the historical meaning of this word.-By country:In Denmark, it was the former title given to Supreme Court judges. Today the title is given to Deputy Judges...
s who, with the judge, determine factual questions while the judge determines questions of law. For ceremonial occasions such as the swearing in of a new judge, the Court sits as a Full Court constituted of all available judges.
The main seat of the Court is the Sir Samuel Way Building in Victoria Square
Victoria Square
Victoria Square may refer to:Squares and Plazas* Victoria Square, Adelaide, South Australia* Victoria Square, Athens, in the centre of Athens - refer List of places named after Queen Victoria#Athens...
, Adelaide
Adelaide
Adelaide is the capital city of South Australia and the fifth-largest city in Australia. Adelaide has an estimated population of more than 1.2 million...
. It also conducts circuits in Mount Gambier
Mount Gambier, South Australia
Mount Gambier is the largest regional city in South Australia located approximately 450 kilometres south of the capital Adelaide and just 17 kilometres from the Victorian border....
, Berri
Berri
Berri may refer to:* Berri , British singer of "Sunshine after the Rain"* Berri, South Australia, a town in Australia* Berri Ltd., a juice brand in Australia* Berri-UQAM station on the Montreal Metro...
, Port Pirie, Whyalla and Port Lincoln (civil), and Mount Gambier
Mount Gambier, South Australia
Mount Gambier is the largest regional city in South Australia located approximately 450 kilometres south of the capital Adelaide and just 17 kilometres from the Victorian border....
and Port Augusta
Port Augusta, South Australia
-Electricity generation:Electricity is generated at the Playford B and Northern power stations from brown coal mined at Leigh Creek, 250 km to the north...
(criminal).
Judges
- Malcolm Lindsay Robertson (13 June 1996)
- Peter Anthony John Herriman (22 January 1998)
- Geoffrey Louis Muecke (1 April 1999)
- David William Smith (9 September 1999)
- Paul John Rice (3 October 2000)
- Dean Ernest Clayton (3 April 2003)
- Steven Albert Millsteed (19 July 2004)
- Michael Thomas Boylan (7 October 2004)
- Barry Francis Beazley (10 March 2005)
- Gordon Fraser Barrett (19 May 2005)
- Wayne Cromwell Chivell (9 June 2005)
- Sydney William Tilmouth (9 June 2005)
- David Cameron Lovell (4 May 2006)
- Rauf Soulio (12 October 2006)
- Kevin Gordon Nicholson (2 November 2006)
- Julie McIntyre (25 October 2007)
- Peter Robert Brebner (21 August 2008)
- Mark Griffin (20 August 2009)
- Anne Bampton (4th February 2010)
External links
- http://www.courts.sa.gov.au/courts/district/
- District Court of South Australia Judgments