|Supreme Court of New South Wales|
|Jurisdiction||New South Wales|
|Composition method||Vice-regal appointment upon Premier's nomination, following advice of the Attorney General and Cabinet|
|Authorized by||Parliament of New South Wales via the:|
|Appeals from||District Court of New South Wales|
Local Court of New South Wales
|Judge term length||Mandatory retirement by age of 72|
|Number of positions||52|
|Chief Justice of New South Wales|
|Currently||Justice Tom Bathurst|
|Since||1 June 2011|
|Chief Judge at Common law|
|Since||22 February 2013|
|Chief Judge in Equity|
|Since||15 March 2017|
The Supreme Court of New South Wales is the highest state court of 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.
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.
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.
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. 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 Diemen's Land (the former name for Tasmania). All three courts were concerned with civil matters only.
Legislation to establish a new supreme court for both New South Wales and Van Diemen's 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 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 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 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.
The charter also established the office of sheriff; gave precedence to the Chief Justice over all other subjects except the Governor (or acting Governor) of the colony; and 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 were not permitted to be admitted.
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. The division existed until 1852, when it was replaced by the Supreme Court of Victoria following the creation of the Colony of Victoria.
Also 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 1972, was one of the last Common Law jurisdictions in the world to fuse the administration of 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. Since 1930, three generations of the Street family have served New South Wales as Chief Justice.
Supreme Court Judges Carolyn Simpson, Margaret Beazley and Virginia Bell made headlines in April 1999 when the three sat in the Court of Criminal Appeal in Sydney. The Judges threw out an appeal from a convicted computer hacker 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 or New Zealand at the time.
Structure and jurisdiction
The court now operates under the Constitution Act 1902 (NSW), the Supreme Court Act 1970 (NSW), and the Civil Procedure Act 2005 (NSW), although provisions on the appointment and removal of judicial officers were incorporated into the state's Constitution in 1992.
The court consists of 52 permanent judges, three Acting Judges of Appeal, two Acting Judges, and an Associate Judge. Permanent judges include the Chief Justice of New South Wales, the President of the Court of Appeal, eleven Judges of Appeal (one of whom is currently the Chief Judge at Common Law), the Chief Judge at Common Law and the Chief Judge in Equity, and 38 Puisne Judges.
The Chief Judge in each trial division also sits in the Court of Appeal from time to time. Occasionally, puisne judges also sit in the Court of Appeal, though this is uncommon.
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, and 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. The High Court of Australia can review decisions of the Supreme Court of New South Wales in relation to the common law and equitable jurisdictions of the court as well. The High Court of Australia has exercised this power on a number of occasions.
The Supreme Court of New South Wales was proclaimed in Sydney on 17 May 1824.
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 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. This building is now called the Greenway Wing. 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 building was occupied by the Supreme Court from 1827. 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 building was added to the New South Wales State Heritage Register on 2 April 1999.
Greenway was also responsible for designing the nearby Hyde Park Barracks, recorded on the UNESCO World Heritage List, and St James' Church, listed on the New South Wales State Heritage Register.
Old Registry Wing
The second structure to house the Court is located immediately the southwest of the Greenway Wing on the corner of Elizabeth Street and St James Road. 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. 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. Barnet extended the Old Registry building in 1875 and 1886.
Banco Court wing
Designed by Walter Liberty Vernon and built between 1895 and 1896 in the Federation Free Classical style, the two-storey rich red brick Banco Court building was the third location of the Supreme Court. The Banco Wing is located to the east of the Old Registry building on St James Road and south of the Greenway Wing and makes little reference to the earlier buildings in either style or detailing. The interior of the courtroom has aesthetic significance and is said to be modelled on St Stephen's Court in Dublin. The court building is located in St James' Road, opposite the north-western edge of Hyde Park. Although in some sources it is referred to as "Banco Road Court", the origin of this alternative name is unknown - there is no Banco Road.
Law Courts Building
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 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. The building houses the High Court of Australia (when it sits in Sydney), the Federal Court of Australia and the NSW Supreme Court. 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. 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.
|Term in office||Comments||Notes|
|Tom Bathurst||Chief Justice||1 June 2011||10 years, 61 days|||
|Andrew Bell||President of the Court of Appeal||28 February 2019||2 years, 154 days|||
|John Basten||Judge of Appeal||2 May 2005||16 years, 91 days|
|Robert Macfarlan||8 September 2008|
|Anthony Meagher||10 August 2011|
|Clifton Hoeben||Chief Judge at Common law||22 February 2013||8 years, 160 days|
|Judge of Appeal||23 April 2012||9 years, 100 days|
|Judge||16 August 2004||16 years, 350 days|
|Julie Ward||Chief Judge in Equity||15 March 2017||4 years, 139 days|||
|Judge of Appeal||12 November 2012||8 years, 262 days|
|Judge||29 September 2008||12 years, 306 days|||
|Fabian Gleeson||Judge of Appeal||29 April 2013||8 years, 94 days|||
|Mark Leeming||3 June 2013||8 years, 59 days|||
|Anthony Payne||30 March 2016||5 years, 124 days|
|Richard White||Judge of Appeal||15 March 2017||4 years, 139 days|||
|Judge||27 April 2004||17 years, 96 days|||
|Paul Brereton||Judge of Appeal||23 August 2018||2 years, 343 days|||
|Judge||15 August 2005||15 years, 351 days|
|Lucy McCallum||Judge of Appeal||30 January 2019||2 years, 183 days|
|Judge||30 January 2008||13 years, 183 days|
|Reginald Barrett||Acting Judge of Appeal||16 March 2016||5 years, 138 days||Retired at age 71, later appointed as an Acting Judge of Appeal|||
|Judge of Appeal||25 January 2012||20 April 2015||3 years, 85 days|
|Judge||19 March 2001||14 years, 32 days|
|Arthur Emmett||Acting Judge of Appeal||30 September 2015||5 years, 305 days||Judge of the Federal Court (3 Feb 1997 - 6 Mar 2013)|||
|Judge of Appeal||7 March 2013||30 September 2015||2 years, 207 days|
|Carolyn Simpson||Acting Judge of Appeal||30 March 2018||3 years, 124 days|
|Judge of Appeal||11 June 2015||29 March 2018||2 years, 291 days|
|Judge||22 December 1993||24 years, 97 days|
|Michael Walton||Judge||8 December 2016||22 years, 226 days||Former Vice President & President of the Industrial Court of NSW
(December 1998 - December 2016)
|Peter Johnson||1 February 2005||16 years, 181 days|
|Stephen Rothman||3 May 2005||16 years, 90 days|
|Derek Price||28 August 2006||14 years, 338 days|||
|David Hammerschlag||30 January 2007||14 years, 183 days|||
|Ian Harrison||12 February 2007||14 years, 170 days|||
|Elizabeth Fullerton||19 February 2007||14 years, 163 days|||
|Nigel Rein||5 May 2008||13 years, 88 days||Judge of the District Court (2002 - 4 May 2008)|||
|Robert Hulme||2 March 2009||12 years, 152 days|||
|Michael Slattery||25 May 2009||12 years, 68 days||Judge Advocate General (Australia)|||
|David Davies||29 June 2009||12 years, 33 days|||
|Michael Ball||13 April 2010||11 years, 110 days|||
|Peter Garling||7 June 2010||11 years, 55 days|||
|John Sackar||1 February 2011||10 years, 181 days|||
|Ashley Black||4 July 2011||10 years, 28 days|||
|Christine Adamson||17 October 2011||9 years, 288 days|||
|Geoffrey Bellew||31 January 2012||9 years, 182 days|||
|James Stevenson||1 February 2012||9 years, 181 days|||
|Robert Beech-Jones||12 March 2012||9 years, 142 days|||
|Stephen Campbell||2 May 2012||9 years, 91 days|||
|Richard Button||12 June 2012||9 years, 50 days|||
|Geoff Lindsay||6 August 2012||8 years, 360 days|||
|Philip Hallen||Judge||12 November 2012||8 years, 262 days|
|Associate Judge||5 July 2010||11 November 2012||2 years, 129 days|||
|Francois Kunc||Judge||8 April 2013||8 years, 115 days|||
|Stephen Robb||20 June 2013||8 years, 42 days|||
|Rowan Darke||16 August 2013||7 years, 350 days|||
|Robertson Wright||25 October 2013||7 years, 280 days|||
|Peter Hamill||29 April 2014||7 years, 94 days|||
|Helen Wilson||3 November 2014||6 years, 271 days|
|Des Fagan||11 June 2015||6 years, 51 days|
|Natalie Adams||5 April 2016||5 years, 118 days|
|Julia Lonergan||21 March 2017||4 years, 133 days|||
|Guy Parker||6 April 2017||4 years, 117 days|||
|Kelly Rees||5 September 2018||2 years, 330 days|||
|Lea Armstrong||31 October 2018||2 years, 274 days||Formerly the NSW Crown Solicitor, Appointed as President of the NSW Civil and Administrative Tribunal|||
|Trish Henry||30 January 2019||2 years, 183 days|||
|Mark Ierace||31 January 2019||2 years, 182 days|||
|Richard Cavanagh||19 September 2019||1 year, 319 days|||
|Kate Williams||15 April 2020||1 year, 108 days|||
|Peter Hidden||Acting Judge||March 2016||5 years, 153 days|
|Judge||16 October 1995||February 2016||25 years, 289 days|
|Monika Schmidt||Acting Judge|
|Judge||27 July 2009||11 September 2019||10 years, 46 days||Judge of the Industrial Court of NSW (1993–2009)|||
|Joanne Harrison||Associate Judge||1997||23–24 years|
- Chief Justice of New South Wales
- List of judges of the Supreme Court of New South Wales
- List of New South Wales courts and tribunals
- New South Wales Court of Appeal
- New South Wales Court of Criminal Appeal
- NSW Law Reports
- President of the NSW Court of Appeal
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- Justice Walton's service as an IRC judicial member counts towards his service as a Judge of the Supreme Court pursuant to Part 18 of Schedule 4 to the Industrial Relations Act 1996 as inserted by the Industrial Relations Amendment (Industrial Court) Act 2016 (NSW)
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- "Swearing-In Ceremony of the Honourable Robert Hulme".  NSW Judicial Scholarship 5.
- "Swearing-In Ceremony of the Honourable Michael Slattery QC".  NSW Judicial Scholarship 9.
- "Swearing-In Ceremony of the Honourable David Davies SC".  NSW Judicial Scholarship 10.
- "Swearing-In Ceremony of the Honourable Michael Ball".  NSW Judicial Scholarship 14.
- "Swearing-In Ceremony of the Honourable Peter Garling RFD SC".  NSW Judicial Scholarship 13.
- "Swearing-In Ceremony of the Honourable John Sackar QC".  NSW Judicial Scholarship 2.
- "Swearing-In Ceremony of the Honourable Ashley Black".  NSW Judicial Scholarship 20.
- "Swearing-In Ceremony of the Honourable Christine Adamson SC".  NSW Judicial Scholarship 34.
- "Swearing-In Ceremony of the Honourable Geoffrey Bellew".  NSW Judicial Scholarship 3.
- "Swearing-In Ceremony of the Honourable James Stevenson".  NSW Judicial Scholarship 8.
- "Swearing-In Ceremony of the Honourable Robert Beech-Jones".  NSW Judicial Scholarship 15.
- "Swearing-In Ceremony of the Honourable Stephen Campbell".  NSW Judicial Scholarship 23.
- "Swearing-In Ceremony of the Honourable Richard Button".  NSW Judicial Scholarship 25.
- "Swearing-In Ceremony of the Honourable Geoffrey Charles Lindsay".  NSW Judicial Scholarship 31.
- "Swearing-In Ceremony of the Honourable Phillip Hallen SC".  NSW Judicial Scholarship 15.
- "Swearing-In Ceremony of the Honourable Francois Kunc SC".  NSW Judicial Scholarship 14.
- "Swearing-In Ceremony of the Honourable Justice Stephen Robb QC".  NSW Judicial Scholarship 20.
- "Swearing in Ceremony of the Honourable Justice Rowan James Hunter Darke SC".  NSW Judicial Scholarship 28.
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- Media related to Supreme Court of New South Wales at Wikimedia Commons
- "First Charter of Justice" (PDF). Transcribed from Historical Records of Australia. 2 April 1787.
- Constitution Act 1902 (NSW), Part 9 The judiciary
- Supreme Court Act 1970 (NSW)
- Civil Procedure Act 2005 (NSW)
- "Supreme Court - Our History". Lawlink NSW. Retrieved 28 May 2005.
- Chief Justices of New South Wales - Law and History 2: LawlinkNSW
- Brief Overview of the Jurisdiction of the Supreme Court of New South Wales