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Supreme Court of New South Wales

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

A court is a body, often a government institution, with the authority to adjudication legal disputes and dispense private law, criminal justice, or administrative law justice in accordance with rules of law....
 of the Australia
Australia

Australia, officially the Commonwealth of Australia, is a country in the southern hemisphere comprising the Australia of the world's smallest continent, the major island of Tasmania, and numerous list of islands of Australia in the Indian Ocean and Pacific Oceans....
n State
States and territories of Australia

The Australia is made up of six states and two major mainland territories. There are also lesser territories that are under the administration of the federal government....
 of New South Wales
New South Wales

New South Wales is Australia's oldest and most populous States and territories of Australia, located in the south-east of the country, north of Victoria and south of Queensland....
 (other than the Court of Appeal and Court of Criminal Appeal, both of which are constituted by members of the Supreme Court who have been commissioned as judges of appeal). It has unlimited jurisdiction
Jurisdiction

In law, jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility....
 within the state in civil
Civil law (common law)

Civil law, as opposed to criminal law, refers to that branch of law dealing with disputes between individuals and/or organizations, in which damages may be awarded to the victim....
 matters, and hears the most serious criminal
Criminal law

The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply....
 matters. Whilst the Supreme Court is the highest New South Wales court in the Australian court hierarchy
Australian court hierarchy

There are two streams within the hierarchy of Australian courts, the federalism stream and the States and territories of Australia stream. While the court system in each state and territory is separate from each other, and from the Commonwealth system, the High Court of Australia remains the ultimate court of appeal in the Australian system....
, an appeal by special leave can be made to the High Court of Australia
High Court of Australia

The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States and territories of Australia, and interprets the Const...
.

first superior court
Superior court

In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases....
 of New South Wales (known as the Supreme Court of Civil Judicature
Supreme Court of Civil Judicature of New South Wales

The Supreme Court of Civil Judicature of New South Wales was a court established in the early 19th century in the colony of New South Wales. The colony was subsequently to become a state of Australia in 1901....
) was established by the Letters Patent
Letters patent

Letters patent are a type of legal instrument in the form of an open letter issued by a monarch or government, granting an office, right, government-granted monopoly, title, or status to a person or to some entity such as a corporation....
 dated 2 April 1814.






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

A court is a body, often a government institution, with the authority to adjudication legal disputes and dispense private law, criminal justice, or administrative law justice in accordance with rules of law....
 of the Australia
Australia

Australia, officially the Commonwealth of Australia, is a country in the southern hemisphere comprising the Australia of the world's smallest continent, the major island of Tasmania, and numerous list of islands of Australia in the Indian Ocean and Pacific Oceans....
n State
States and territories of Australia

The Australia is made up of six states and two major mainland territories. There are also lesser territories that are under the administration of the federal government....
 of New South Wales
New South Wales

New South Wales is Australia's oldest and most populous States and territories of Australia, located in the south-east of the country, north of Victoria and south of Queensland....
 (other than the Court of Appeal and Court of Criminal Appeal, both of which are constituted by members of the Supreme Court who have been commissioned as judges of appeal). It has unlimited jurisdiction
Jurisdiction

In law, jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility....
 within the state in civil
Civil law (common law)

Civil law, as opposed to criminal law, refers to that branch of law dealing with disputes between individuals and/or organizations, in which damages may be awarded to the victim....
 matters, and hears the most serious criminal
Criminal law

The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply....
 matters. Whilst the Supreme Court is the highest New South Wales court in the Australian court hierarchy
Australian court hierarchy

There are two streams within the hierarchy of Australian courts, the federalism stream and the States and territories of Australia stream. While the court system in each state and territory is separate from each other, and from the Commonwealth system, the High Court of Australia remains the ultimate court of appeal in the Australian system....
, an appeal by special leave can be made to the High Court of Australia
High Court of Australia

The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States and territories of Australia, and interprets the Const...
.

Background to the establishment of the Court

The first superior court
Superior court

In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases....
 of New South Wales (known as the Supreme Court of Civil Judicature
Supreme Court of Civil Judicature of New South Wales

The Supreme Court of Civil Judicature of New South Wales was a court established in the early 19th century in the colony of New South Wales. The colony was subsequently to become a state of Australia in 1901....
) was established by the Letters Patent
Letters patent

Letters patent are a type of legal instrument in the form of an open letter issued by a monarch or government, granting an office, right, government-granted monopoly, title, or status to a person or to some entity such as a corporation....
 dated 2 April 1814. They are known as the Second Charter of Justice of New South Wales. That charter
Charter

A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified....
 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
Tasmania

Tasmania is an Australian island and States and territories of Australia of the same name. It is located south of the eastern side of the continent, being separated from it by Bass Strait....
). All three courts were concerned with civil matters only.

History

Legislation to establish a new supreme court for both New South Wales and Van Diemen's Land was prepared in London by James Stephen
James Stephen (undersecretary)

Sir James Stephen was the British under-secretary of state for the colonies from 1836 to 1847. He was instrumental in implementing the abolition act....
, counsel to the Colonial Office
Colonial Office

Colonial Office is the government agency which serves to oversee and supervise their colony* Colonial Office - The British Government department...
, and Francis Forbes
Francis Forbes

Sir Francis Forbes was a Chief Justice of the Supreme Court of Newfoundland, and the first Chief Justice of the Supreme Court of New South Wales....
, 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.

In consequence of this legislation, Letters Patent
Letters patent

Letters patent are a type of legal instrument in the form of an open letter issued by a monarch or government, granting an office, right, government-granted monopoly, title, or status to a person or to some entity such as a corporation....
 establishing the New South Wales Supreme Court were sealed on 13 October 1823, and proclaimed in Sydney
Sydney

Sydney is the List of cities in Australia by population in Australia, with a metropolitan area population of approximately 4.34 million . It is the List of Australian capital cities of New South Wales, and was the site of the first British Empire colony in Australia....
 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
Chief Justice

The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of the United States, the Supreme Court of Canada, the Supreme Court of India, the Supreme Court of Pakistan, the Supreme Court...
 for the colony of New South Wales in the Island of New Holland
New Holland

New Holland may refer to:...
 (as the continent of Australia was then known), as well as other judges, a registrar, a prothonotary
Prothonotary

The word prothonotary is recorded in English since 1447, as "principal clerk of a court," from L.L. prothonotarius , from Greek protonotarios "first scribe," originally the chief of the college of recorders of the court of the Byzantine empire, from Greek language protos "first" + Latin notarius ; the -h- appeared in Medi...
, a master
Master (judiciary)

A Master is a low rank of judge or judicial official in a number of judiciaries, such as those of the United Kingdom, the Republic of Ireland, and a number of Canada provinces....
, 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
Sheriff

A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
.

The charter gave precedence to the Chief Justice over all other subjects except the Governor
Governor

A governor is a governing official, usually the Executive of a non-sovereign level of government, ranking under the head of state. In federations, a governor may be the title of each appointed or elected politician who governs a constitutive state....
 (or acting Governor) of the colony.

The charter also allowed the Court to admit persons to be barrister
Barrister

A barrister is a lawyer found in many common law jurisdictions that employ a split profession in relation to legal representation. In split professions, the other type of lawyer is the solicitor....
s, attorney
Attorney

An attorney is someone who represents someone else in the transaction of business:Attorney-at-law*Attorney at law *Attorney at law *Advocate...
s, proctor
Proctor

Proctor, an English variant of the word procurator, is a person who takes charge of, or acts for, another. The word proctor is frequently used to describe someone who oversees an exam or dormitory....
s or solicitor
Solicitor

In the United Kingdom and Republic of Ireland, the legal profession is split between solicitors and barristers, and a law practitioner will usually only hold one title....
s 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
Parliament of New South Wales

The Parliament of New South Wales is the supreme law making body in New South Wales, a state of Australia. It is a bicameral parliament elected by the people of the state in general elections....
 established a separate equity division in the court. Limited jurisdiction
Jurisdiction

In law, jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility....
 in divorce
Divorce

Divorce or dissolution of marriage is a legal process in which a judge or other authority dissolves the bonds of matrimony existing between two persons, thus restoring them to the marital status of being single....
 cases was granted in 1873 and full Admiralty
Admiralty law

Admiralty law is a distinct body of law which governs maritime questions and offenses. It is a body of both domestic law governing maritime activities, and Conflict of laws governing the relationships between private entities which operate vessels on the oceans....
 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
Common law

Common law refers to law and the corresponding Legal systems of the world developed through legal opinion of courts and similar tribunals , rather than through statute law or Executive ....
, 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
Judicature Acts

The Judicature Acts are two Acts of Parliament in the United Kingdom, the Supreme Court of Judicature Act 1873 and the Supreme Court of Judicature Act 1875 , which were designed to fuse the administration of the Equity and the common law....
 in 1873.

Supreme Court Justices Carolyn Simpson
Carolyn Simpson (judge)

Carolyn Chalmers Simpson is a judge of the Supreme Court of New South Wales.Simpson made legal history in 1999 as one of three women judges who formed the first all-female Bench to sit in an Australian court....
, Margaret Beazley and Virginia Bell made made headlines in April 1999 when the three sat in the Court of Criminal Appeal
Court of Criminal Appeal

The Court of Criminal Appeal is the name of existing courts of Scotland and Ireland, and an historic court in England and Wales.Ireland ...
 in Sydney
Sydney

Sydney is the List of cities in Australia by population in Australia, with a metropolitan area population of approximately 4.34 million . It is the List of Australian capital cities of New South Wales, and was the site of the first British Empire colony in Australia....
. The Justices threw out an appeal
Appeal

In law, an appeal is a process for requesting a formal change to an official decision.The specific procedures for appealing, including even whether there is a right of appeal from a particular type of decision, can vary greatly from country to country....
 from a convicted computer hacker
Hacker (computer security)

In common usage, a hacker is a person who breaks into computers. The subculture that has evolved around hackers is often referred to as the computer underground....
 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
England

native_name =|conventional_long_name = England|common_name = England|image_flag = Flag of England.svg|image_coat = England COA.svg|symbol_type = Royal Coat of Arms...
 or New Zealand
New Zealand

New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses , and numerous Islands of New Zealand, most notably Stewart Island/Rakiura and the Chatham Islands....
 at the time.

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
Constitution

A constitution is a system for government — often codified as a written document — that establishes the rules and principles of an autonomous political entity....
 in 1992. The court consists of 47 judges, including the Chief Justice, the President of the Court of Appeal
Court of Appeal of New South Wales

The New South Wales Court of Appeal is the highest civil state court for the Australian States and territories of Australia of New South Wales....
, 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
District Court of New South Wales

The District Court of New South Wales has jurisdiction to hear most indictment offences . It hears appeals from the Local Court and civil claims up to Australian dollar$750 000....
 and the Local Court
Local Court of New South Wales

There are over 160 Local Courts in New South Wales. Local Court cases are heard by a magistrate without a jury. It hears summary offences as well as indictable offences and committal hearings....
 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
Land and Environment Court of New South Wales

The Land and Environment Court of New South Wales is a Court established by legislation giving it exclusive jurisdiction to determine environmental, development, building and planning disputes....
 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
High Court of Australia

The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States and territories of Australia, and interprets the Const...
 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
Constitution of Australia

The Constitution of Australia is the law under which the Australian Government of Australia operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia....
 empowers the Federal Parliament
Parliament of Australia

The Parliament of Australia or Commonwealth Parliament is the legislature of government of Australia. It is bicameral, largely modelled in the Westminster System, but with some influences from the United States Congress....
 to make laws vesting state courts with federal jurisdiction.

Supremecourtnsw

Current Judges


Chief Justice


  • James Spigelman
    James Spigelman

    James Jacob Spigelman Order of Australia Queen's Counsel is the Lieutenant Governor of New South Wales and Chief Justice of the Supreme Court of New South Wales , which forms part of the Australian court hierarchy....
     (19 May 1998)


President of the Court of Appeal


  • James Allsop
    James Allsop

    James Leslie Bain Allsop is the President of the Court of Appeal of the Supreme Court of New South Wales, the highest court in the State of New South Wales, Australia, which forms part of the Australian court hierarchy....
     (2 June 2008)


Judges of the Court of Appeal


  • Margaret Beazley
    Margaret Beazley

    Margaret Joan Beazley Order of Australia is a judge of the Court of Appeal of the Supreme Court of New South Wales, the highest court in the State of New South Wales, Australia, which forms part of the Australian court hierarchy....
     (1996)
  • Roger Giles
    Roger Giles

    Roger David Giles is a judge of the Court of Appeal of the Supreme Court of New South Wales, the highest court in the State of New South Wales, Australia, which forms part of the Australian court hierarchy....
  • David Hodgson
    David Hodgson (judge)

    David Hargraves Hodgson Queen's Counsel is a judge of the Court of Appeal of the Supreme Court of New South Wales, the highest court in the State of New South Wales, Australia, which forms part of the Australian court hierarchy....
     (23 April 2001)
  • David Ipp
    David Ipp

    David Andrew Ipp Order of Australia, Queen's Counsel is a judge of the Court of Appeal of the Supreme Court of New South Wales, the highest court in the State of New South Wales, Australia, which forms part of the Australian court hierarchy....
     (21 October 2002)
  • Murray Tobias
    Murray Tobias

    Murray Herbert Tobias Order of Australia, RFD, Queen's Counsel is a judge of the Court of Appeal of the Supreme Court of New South Wales, the highest court in the State of New South Wales, Australia, which forms part of the Australian court hierarchy....
     (28 April 2003)
  • Ruth McColl
    Ruth McColl

    Ruth Stephanie McColl Order of Australia, Senior Counsel is a judge of the Court of Appeal of the Supreme Court of New South Wales, the highest court in the State of New South Wales, Australia, which forms part of the Australian court hierarchy....
     (29 April 2003)
  • John Basten
    John Basten

    John Basten Queen's Counsel is a judge of the Court of Appeal of the Supreme Court of New South Wales, the highest court in the State of New South Wales, Australia, which forms part of the Australian court hierarchy....
     (2 May 2005)
  • Joseph Campbell
    Joseph Campbell (judge)

    Joseph Charles Campbell Queen's Counsel is a judge of the Court of Appeal of the Supreme Court of New South Wales, the highest court in the State of New South Wales, Australia, which forms part of the Australian court hierarchy....
     (2007)
  • Robert Macfarlan
    Robert Macfarlan

    Robert Bruce Scott Macfarlan Queen's Counsel is a judge of the Court of Appeal of the Supreme Court of New South Wales, the highest court in the State of New South Wales, Australia, which forms part of the Australian court hierarchy....
     (2008)


Chief Judge at Common Law


  • Peter McClellan
    Peter McClellan

    Peter David McClellan is Chief Judge at Common Law in the Supreme Court of New South Wales, the highest court in the State of New South Wales, Australia, which forms part of the Australian court hierarchy....
     (2 September 2005)


Chief Judge in Equity


  • Patricia Ann Bergin (6 March 2009)
  • Peter Young
    Peter Young (judge)

    Peter Wolstenholme Young Order of Australia is Chief Judge in Equity in the Supreme Court of New South Wales, the highest court in the State of New South Wales, Australia, which forms part of the Australian court hierarchy....
     (23 April 2001)


Judges


  • Michael Grove
  • Tim Studdert
  • Bruce James
  • William Windeyer
  • Robert Hulme
  • Carolyn Simpson
    Carolyn Simpson (judge)

    Carolyn Chalmers Simpson is a judge of the Supreme Court of New South Wales.Simpson made legal history in 1999 as one of three women judges who formed the first all-female Bench to sit in an Australian court....
     (1994)
  • Peter Hidden
  • Graham Barr
  • John Hamilton
  • Clifford Einstein
  • Michael Adams (1998)
  • David Kirby (1998)
  • Robert Austin
    Robert Austin

    Robert Austin led the Austin expedition of 1854, one of the first European inland explanations of Western Australia with Kenneth Brown . They explored Geraldton, Western Australia, Mount Magnet, Western Australia, and the Murchison River area....
     (1998)
  • Patricia Bergin (1 March 1999)
  • Anthony Whealy (26 June 2000)
  • Roderick Howie (11 October 2000)
  • Reg Barrett (19 March 2001)
  • George Palmer
    George Palmer (judge)

    George Alfred Palmer Queen's Counsel is a judge of the Supreme Court of New South Wales....
     (23 April 2001)
  • Terence Buddin (30 January 2002)
  • Ian Gzell (4 February 2002)
  • Henric Nicholas (5 February 2003)
  • Robert McDougall (21 August 2003)
  • John Hislop (23 March 2004)
  • Richard White (27 April 2004)
  • Clifton Hoeben
    Clifton Hoeben

    Major General Clifton Ralph Russell Hoeben Member of the Order of Australia, Reserve Force Decoration, Senior Counsel is an Australian judge and soldier....
     (16 August 2004)
  • Peter Johnson (1 February 2005)
  • Peter Hall (8 March 2005)
  • Megan Latham (12 April 2005)
  • Stephen Rothman (3 May 2005)
  • Paul Brereton (15 August 2005)
  • Derek Price (28 August 2006)
  • David Hammerschlag (30 January 2007)
  • Ian Harrison (12 February 2007)
  • Elizabeth Fullerton (19 February 2007)
  • Lucy McCallum (2008)
  • Nigel Rein (2008)
  • Julie Ward (29 September 2008)
  • Robert Allan Hulme (2 March 2009)


Acting Judges

  • David Patten
  • Rex Smart
  • Kenneth Handley
  • Jane Mathews
  • Stephen Norrish


Associate Judges


  • John McLaughlin
    John McLaughlin

    John McLaughlin may refer to:*John McLaughlin , former Jesuit priest; host of The McLaughlin Group*John McLaughlin , English jazz fusion guitar player...
  • Bryan Malpass
  • Richard Macready
  • Joanne Harrison


Chief Justices of New South Wales