Supreme Court of Victoria
Encyclopedia
The Supreme Court of Victoria is the superior court for the State of Victoria
, Australia
. It was founded in 1852, and is a superior court of common law
and equity, with unlimited jurisdiction
within the state. Those courts lying below it include the County Court of Victoria
, the Magistrates' Court of Victoria
and the Victorian Civil and Administrative Tribunal
(which is technically not a court, but serves a judicial function). Above it lies the High Court of Australia
. This places it around the middle of the Australian court hierarchy
.
The Trial Division sits with one judge, and usually acts as a court of original jurisdiction for serious criminal matters such as murder, attempted murder, corporate offences and certain conspiracy charges, and civil matters which are considered to involve greater complexity or amounts of money more than would be appropriate to have determined in the Magistrates' Court
(whose civil jurisdictional limit is presently $100,000) or County Court
(whose jurisdiction has since the beginning of 2007 been unlimited as to amount). The Trial Division also acts as an appeal court from the Magistrates' Court on questions of law, and appeals from the Victorian Civil and Administrative Tribunal on points of law, except against an order of the President or Vice-President of the Tribunal. It also hears federal indictable offence
s such as treason.
The Court of Appeal hears appeals from the County Court and the Trial Division, as well as appeals on points of law from the Victorian Civil and Administrative Tribunal against the order of the President or Vice-President, and usually consists of a panel of three Judges of Appeal. In rare cases where it is sought to overrule or reconsider the correctness of a previous Court of Appeal decision, it can sit with five judges.
The main buildings for the Supreme Court are located at the corner of William and Lonsdale Streets in Melbourne and in nearby buildings.
The Supreme Court also does circuits to Ballarat
, Geelong
, Warrnambool
, Hamilton
, Horsham
, Bendigo
, Mildura
, Shepparton
, Wangaratta
, Wodonga
, Sale
and Morwell
. In these locations the Court uses the facilities of the local Magistrates' Court.
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
, Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
. It was founded in 1852, and is a superior court of common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
and equity, with unlimited jurisdiction
Jurisdiction
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. Those courts lying below it include the County Court of Victoria
County Court of Victoria
The County Court of Victoria was established in 1852 by the County Courts Act 1852. The court has jurisdiction in the State of Victoria, Australia...
, the Magistrates' Court of Victoria
Magistrates' Court of Victoria
The Magistrates' Court of Victoria is the lowest court in the Victorian court system, with the County Court of Victoria and the Supreme Court of Victoria respectively judicially higher...
and the Victorian Civil and Administrative Tribunal
Victorian Civil and Administrative Tribunal
The Victorian Civil and Administrative Tribunal is a government agency in the state of Victoria, Australia. The name is pronounced 'vee-cat'...
(which is technically not a court, but serves a judicial function). Above it lies the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. 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...
. This places it around the middle of the Australian court hierarchy
Australian court hierarchy
There are two streams within the hierarchy of Australian courts, the federal stream and the state and territory stream. While the federal courts and the court systems in each state and territory are separate, the High Court of Australia remains the ultimate court of appeal for the Australian...
.
Jurisdiction of Supreme Court
The Supreme Court has two divisions - the Trial Division and the Court of Appeal.The Trial Division sits with one judge, and usually acts as a court of original jurisdiction for serious criminal matters such as murder, attempted murder, corporate offences and certain conspiracy charges, and civil matters which are considered to involve greater complexity or amounts of money more than would be appropriate to have determined in the Magistrates' Court
Magistrates' Court of Victoria
The Magistrates' Court of Victoria is the lowest court in the Victorian court system, with the County Court of Victoria and the Supreme Court of Victoria respectively judicially higher...
(whose civil jurisdictional limit is presently $100,000) or County Court
County Court of Victoria
The County Court of Victoria was established in 1852 by the County Courts Act 1852. The court has jurisdiction in the State of Victoria, Australia...
(whose jurisdiction has since the beginning of 2007 been unlimited as to amount). The Trial Division also acts as an appeal court from the Magistrates' Court on questions of law, and appeals from the Victorian Civil and Administrative Tribunal on points of law, except against an order of the President or Vice-President of the Tribunal. It also hears federal indictable offence
Indictable offence
In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...
s such as treason.
The Court of Appeal hears appeals from the County Court and the Trial Division, as well as appeals on points of law from the Victorian Civil and Administrative Tribunal against the order of the President or Vice-President, and usually consists of a panel of three Judges of Appeal. In rare cases where it is sought to overrule or reconsider the correctness of a previous Court of Appeal decision, it can sit with five judges.
Locations
The Supreme Court also does circuits to Ballarat
Ballarat, Victoria
Ballarat is a city in the state of Victoria, Australia, approximately west-north-west of the state capital Melbourne situated on the lower plains of the Great Dividing Range and the Yarrowee River catchment. It is the largest inland centre and third most populous city in the state and the fifth...
, Geelong
Geelong, Victoria
Geelong is a port city located on Corio Bay and the Barwon River, in the state of Victoria, Australia, south-west of the state capital; Melbourne. It is the second most populated city in Victoria and the fifth most populated non-capital city in Australia...
, Warrnambool
Warrnambool, Victoria
-Cityscape:The original City of Warrnambool was a 4x8 grid, with boundaries of Lava Street , Japan Street , Merri Street and Henna Street . In the nineteenth century, it was intended that Fairy Street – with its proximity to the Warrnambool Railway Station – would be the main street of...
, Hamilton
Hamilton, Victoria
Hamilton is a city in western Victoria, Australia. It is located at the intersection of the Glenelg Highway and the Henty Highway...
, Horsham
Horsham, Victoria
Horsham is the largest city by population and regional centre of the Wimmera region of Victoria, Australia and is approximately north-west of Melbourne via the Western Highway. At the 2006 census, Horsham had a population of 14,125. Horsham is in the federal Division of Mallee...
, Bendigo
Bendigo, Victoria
Bendigo is a major regional city in the state of Victoria, Australia, located very close to the geographical centre of the state and approximately north west of the state capital Melbourne. It is the second largest inland city and fourth most populous city in the state. The estimated urban...
, Mildura
Mildura, Victoria
Mildura is a regional city in northwestern Victoria, Australia and seat of the Rural City of Mildura local government area. It is located in the Sunraysia region, and is on the banks of the Murray River. The current population is estimated at just over 30,000.Mildura is a major agricultural centre...
, Shepparton
Shepparton, Victoria
Shepparton is a city located on the floodplain of the Goulburn River in the north east of Victoria, Australia approximately north-east of Melbourne. It is the fifth largest city in Victoria, Australia. The estimated population of Shepparton's statistical area is 48,926.It began as a sheep station...
, Wangaratta
Wangaratta, Victoria
Wangaratta is a cathedral city of almost 17,000 people in the northeast of Victoria, Australia, about from Melbourne along the Hume Highway, with Benalla to the southwest, and Albury-Wodonga to the northeast. It is located at the junction of the Ovens and King rivers which flow from the...
, Wodonga
Wodonga, Victoria
Wodonga is a small city on the Victorian side of the border with New South Wales, north-east of Melbourne, Australia. Adjacent to Wodonga across the border is the New South Wales city of Albury. Wodonga is located wholly within the boundaries of the City of Wodonga LGA...
, Sale
Sale, Victoria
Sale is a city in the Gippsland region of the Australian state of Victoria. It is the seat of the Shire of Wellington as well as the Roman Catholic Diocese of Sale and the Anglican Diocese of Gippsland. It has a population of around 13,336, and is expected to reach a population of 14,000 soon...
and Morwell
Morwell, Victoria
-Transport:The main form of transport in Morwell is the automobile. The Princes Freeway now bypasses the town to the south while the old Princes Highway which once passed through east-west through its centre is now Princes Drive and Commercial Road. The highway connects Morwell with other...
. In these locations the Court uses the facilities of the local Magistrates' Court.
Judges of the Court of Appeal
- Peter BuchananPeter BuchananThe Honourable Justice Peter Buchanan is a judge of the Supreme Court of Victoria, the highest court in Victoria, a state of Australia. Buchanan was appointed a judge of the court on 27 October 1997. Buchanan is currently the longest-serving member of the Court of Appeal.-Education and...
(28 October 1997) - Geoffrey Nettle (8 June 2004)
- David Ashley (21 June 2005)
- Marcia NeaveMarcia NeaveJustice Marcia Ann Neave AO was appointed to the Supreme Court of Victoria, Court of Appeals division, on 22 February 2006.Before her appointment, Neave was the foundation Chair of the Victorian Law Reform Commission and Professor of Law at Monash University...
(22 February 2006) - Robert Redlich (8 May 2006)
- Mark Weinberg (28 July 2008)
- Philip Mandie (17 August 2009)
- Bernard Bongiorno (17 August 2009)
- David HarperDavid HarperDavid Harper may refer to:People* David Harper , senior lecturer in Evolutionary Biology at the University of Sussex, England*David W...
(4 November 2009) - Hartley Hansen (19 July 2010)
- Pamela TatePamela TatePamela Tate SC was the Solicitor-General of Victoria, Australia. In 2003, she became the first woman to be appointed to the position. The Solicitor-General is the second highest law officer of state in Victoria, behind the Attorney-General...
(16 September 2010)
Judges of the Trial Division
- David Habersberger (3 July 2001)
- Robert Osborn (9 May 2002)
- Katherine Williams (25 October 2002)
- Stephen Kaye (16 December 2003)
- Simon WhelanSimon WhelanSimon Whelan was appointed judge on 17 March 2004 in the Supreme Court of Victoria, which is the highest ranking court in the Australian State of Victoria...
(17 March 2004) - Elizabeth Hollingworth (7 June 2004)
- Kevin Bell (10 February 2005)
- Kim Hargrave (18 March 2005)
- Betty KingBetty KingBetty June King QC is an Australian jurist. She is currently a judge of the Supreme Court of Victoria having previously served as a judge in the County Court of Victoria. She served as a member of the National Crime Authority in the 1990s.-Education:...
(21 June 2005) - Anthony Cavanough (8 May 2006)
- Elizabeth Curtain (3 October 2006)
- Tony PagoneTony PagoneGaetano Pagone is a Judge of the Supreme Court of Victoria. He was first appointed in 2001 and served until June 2002 when he took up the position of Special Counsel to the Commissioner of Taxation until December 2003. He was appointed to the Supreme Court again in May 2007 and is the judge in...
(16 May 2007; previously served from 3 October 2001 - 30 June 2002) - Paul Coghlan (8 August 2007)
- Ross Robson (8 August 2007)
- Jack Forrest (8 August 2007)
- Lex LasryLex LasryLex Lasry QC is a prominent Australian lawyer and a judge in the Supreme Court of Victoria.Lasry graduated from Haileybury College, Melbourne then Monash University in Melbourne. He was admitted to practise law in Victoria in 1973 and was appointed Queens Counsel in 1990. Lasry is the former chair...
(23 October 2007) - James Judd (6 March 2008)
- Peter Vickery (6 May 2008)
- Emilios KyrouEmilios KyrouEmilios Kyrou is a Greek-born judge sitting on the Supreme Court of Victoria, the highest ranking court in the Australian State of Victoria.Until being appointed, Kyrou was a partner at Mallesons Stephen Jaques, a national firm of solicitors, practising mainly in insurance law, government law and...
(15 May 2008) - David Beach (5 September 2008)
- Jennifer Davies (6 April 2009)
- Karin Emerton (16 October 2009)
- Terry Forrest (29 October 2009)
- Iain Ross (9 November 2009)
- Clyde Croft (9 November 2009)
- Anne Ferguson (3 May 2010)
- Michael Sifris (19 July 2010)
- Peter Almond (28 July 2010)
- John DixonJohn DixonJohn Dixon may refer to:*John Dixon , Nottinghamshire cricketer and international footballer*John Dixon , Member of Parliament for Carlisle, England, 1847–1848...
(16 September 2010) - Cameron Macaulay (22 September 2010)