Supreme Court of South Australia

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Supreme Court of South Australia
Royal Coat of Arms of the United Kingdom (HM Government).svg
Arms of the Supreme Court of South Australia
Established 2 January 1837
Country  South Australia,  Australia
Location Adelaide
Coordinates 34°55′49″S 138°35′58″E / 34.930405°S 138.599496°E / -34.930405; 138.599496Coordinates: 34°55′49″S 138°35′58″E / 34.930405°S 138.599496°E / -34.930405; 138.599496
Decisions are appealed to High Court of Australia
Judge term length mandatory retirement by age of 70
Number of positions 13
Website Supreme Court of South Australia
Chief Justice of South Australia
Currently Chris Kourakis
Since 25 June 2012
The Supreme Court of South Australia building from Victoria Square.

The Supreme Court of South Australia[1] 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 hierarchy. It is constituted of a Chief Justice and 12 other judges (justices).

History[edit]

The creation of a Supreme Court was unique in the case of South Australia.[2] In South Australia the notion of a Supreme Court formed part of Edward Wakefield's theory of colonization, in contrast to the other Australian colonies, which established their courts long after the settlement of the colony.

The court was established by Letters Patent on 2 January 1837, five days after the colony was founded. It was endowed with all the common law and probate jurisdiction of the courts of Westminster. The first sessions were not held until May of that year, presided over by Sir John Jeffcott, the first judge of the court. (The title of Chief Justice was not officially introduced until the coming into force of Act No 31 of 1855-1856.)

After Sir John Jeffcott's death in December 1837, Henry Jickling was appointed as an acting judge. Although appointed as a caretaker judge, Jickling was responsible for two important issues: he codifed the testamentary causes jurisdiction of the court and admitted the first practitioners of the Supreme Court in March 1838.

Justice Jeffcott's replacement on the Court was Sir Charles Cooper. Reports of ill health prompted Governor Young to ask for the appointment of a second judge, as a result Justice Crawford was appointed. Justice Crawford was the first justice to wear a wig in court. Crawford died after only two years on the bench.

Crawford was replaced by Justice Boothby. Boothby was a controversial judge who did not believe in the power of the colonial parliaments to enact laws. He arguably started the first constitutional crisis in Australian history when he ruled that the South Australian Constitution of 1856 was invalid, causing the Imperial Parliament to pass the Colonial Laws Validity Act 1865. Boothby was removed as a justice of the Supreme Court in July 1867. He appealed to the Privy Council in England but he died before his appeal could be heard. Unfortunately, we will never know whether he was lawfully removed or not.

During Boothby's time on the Court, the first Queen's Counsels were appointed and the first circuit sittings of the Court took place in country South Australia. Also, during his time on the Court, the world's first ocean-going (all) iron-hulled and armoured battleship, the (British) HMS Warrior, was launched. It is not known for sure if it was launched in response to the constitutional crisis he arguably created, but pundits have suggested as much.

In 1935 the Supreme Court Act came into existence.[3]

Jurisdiction[edit]

The Supreme Court exercises both original and appellate jurisdiction in civil and criminal matters. The Supreme Court is a court of both law and equity. Although it has unlimited jurisdiction in civil matters, generally the civil trials heard in the Supreme Court are those involving complex legal or factual issues or large sums of money. The Supreme Court also has exclusive jurisdiction in probate (Wills & Estates), meaning that it is the only South Australian court which can hear such matters. In criminal matters, generally only the most serious crimes are tried in the Supreme Court (for example Murder, Treason, Attempted Murder and Manslaughter) although the Court occasionally hears trials for less serious offences. Trials for Murder and Treason may not be heard in any other court in South Australia. When exercising its original jurisdiction, the Court is usually constituted of a single judge.

The Supreme Court hears appeals from the Magistrates Court of South Australia in both civil and criminal matters, and also from decisions of Supreme Court Masters and various other tribunals. In such cases, the Court ordinarily is constituted of a single judge. The Court sits as a Full Court (usually constituted by a bench of three judges) when it hears appeals from the decisions of a single judge of the Supreme Court or District Court, or from certain other tribunals. Some of these appeals lie as of right, while others require leave (permission) from either the court appealed from or the Supreme Court. When the Supreme Court sits as a Full Court in criminal matters (other than those originating in the Magistrates Court and Youth Court), it is commonly referred to as the "Court of Criminal Appeal".

Unlike the Supreme Courts of some other States, the Supreme Court of South Australia is not divided into separate trial and appeal divisions. From time to time, all judges of the court sit in civil and criminal trials and as members of the Full Court and Court of Criminal Appeal. There is a division of the Court known as the Land and Valuation Court, which has jurisdiction over matters arising under particular State statutes dealing with planning and development law. Judges are assigned to this division by proclamation. In addition, particular judges may be designated to sit in the probate jurisdiction or assigned case management functions in respect of long and complex trials.

The proceedings of the Supreme Court of South Australia are normally heard in Adelaide. In civil cases the Court normally sits in the old Supreme Court building, while criminal matters are generally heard in the Sir Samuel Way Building. (The two buildings are located across the road from each other, on the corner of Gouger Street and Victoria Square.) The Court is empowered to sit in any place, including outside the State. The Court, constituted by a single judge, regularly travels on circuit to the rural centres of Mount Gambier and Port Augusta.

Subject to statutory exceptions, an appeal is available by special leave to the High Court of Australia from all decisions of the Supreme Court of South Australia by virtue of s 73 of the Australian Constitution. Ordinarily, appeals are taken to the High Court only from decisions of the Full Court or Court of Criminal Appeal.

See also[edit]

References[edit]

  1. ^ "The Supreme Court". Courts Administration Authority, South Australia. Retrieved 13 November 2012. 
  2. ^ "The History of the Supreme Court". Courts Administration Authority, South Australia. Retrieved 13 November 2012. 
  3. ^ Supreme Court Act 1935 (SA)

External links[edit]