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Supreme Court of Tasmania

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Coordinates: 42°53′10″S 147°19′46″E / 42.886048°S 147.329556°E / -42.886048; 147.329556
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Supreme Court of Tasmania
Arms of the Supreme Court of Tasmania
Supreme Court of Tasmania building, Hobart
Map
42°53′10″S 147°19′46″E / 42.886048°S 147.329556°E / -42.886048; 147.329556
Established10 May 1824
Jurisdiction Tasmania
LocationHobart
Coordinates42°53′10″S 147°19′46″E / 42.886048°S 147.329556°E / -42.886048; 147.329556
Composition methodVice-regal appointment upon Premier's nomination, following advice of the Attorney General and the Executive Council.
Authorised byParliament of Tasmania via the: Supreme Court Act 1959 (Tas)
Appeals toHigh Court of Australia
Appeals fromMagistrates' Court of Tasmania
Judge term lengthMandatory retirement by age of 72
Number of positions7
Websitewww.supremecourt.tas.gov.au
Chief Justice of Tasmania
CurrentlyAlan Blow OAM
Since8 April 2013
Launceston Supreme Court
Burnie Supreme & Magisterial Courts

The Supreme Court of Tasmania is the highest State court in the Australian State of Tasmania. In the Australian court hierarchy, the Supreme Court of Tasmania is in the middle level, with both an appellate jurisdiction over lower courts, and decisions made by Court to be heard on appeal by the High Court of Australia.

The ordinary sittings of the Court occur in Hobart, Launceston and Burnie in Tasmania. The Court's Appeal division sits only in Hobart.

History of the Court

The Supreme Court of Van Diemen's Land (as Tasmania was then known) was established by The Royal Letters Patent of 13 October 1823 and commenced activities on 10 May 1824.[1] The Court is the oldest Supreme Court in Australia and predates the Supreme Court of New South Wales, if only by a period of just ten days. The supreme courts of Tasmania and New South Wales were initiated through the New South Wales Act 1823, and this gave those courts jurisdiction over New Zealand.[2] Sir John Pedder, after whom Lake Pedder is named, was the first Chief Justice of the court.

The first counsel to appear before the Court was Joseph Tice Gellibrand, who was appointed Tasmania's first Attorney-General, and took his oaths on the first day of the new Court. The first case before the Court was the trial of William Tibbs, who was found guilty and sentenced for manslaughter, receiving 3 years transportation.[3]

Jurisdiction of the Court

It has unlimited jurisdiction within the state in civil matters and hears the most serious criminal matters. It is around the middle of the Australian court hierarchy. The Supreme Court consists of a Trial Division (also known as Original Jurisdiction) and an Appeal Division (or Appellate Jurisdiction).[4] When sitting in its appellate jurisdiction in civil matters it is the "Full Court"; for criminal matters it is the "Tasmanian Court of Criminal Appeal".[5]

Appeals from the Appeal Division of the Court are to the High Court of Australia. It was previously possible to appeal decisions of the Court of Appeal or the Court of Criminal Appeal (both parts of the Appeal Division) to the Judicial Committee of the Privy Council in London, but this ceased in 1986 when the Parliament of Australia passed the Australia Act 1986, which terminated all such appeals to the Privy Council from Australian courts, except for those cases pending at that time.

Civil matters involving consent orders, or for disputes involving less than $50,000, are dealt with by the Magistrates Court except in exceptional circumstances.

The Court receives appeals from Magistrate Courts in Tasmania in both criminal and civil matters. Committal proceedings, which are used in criminal matters to establish whether there is sufficient evidence against an accused person to warrant the time and expense of a trial, were abolished in Tasmania in 2000 with the amendment of the Justices Act 1959 (Tas). The Justices Act 1959 now provides that where there has been a plea of not guilty by an accused, there must be an order committing them for trial in the Supreme Court.

Unlike some other Australian states, Tasmania does not have an intermediate court division between the Supreme Court and the Magistrates Courts (such as a "District Court" or a "County Court").[6]

Composition of the Court

The Supreme Court of Tasmania is composed of up to seven judges appointed by the Governor on the advice of the Executive Council, a body of senior ministers including the state Premier. As of 19 December 2017 the judges of the Supreme Court of Tasmania are:

Of the judges who have served on the Supreme Court of Tasmania as of 19 December 2017, including Chief Justices and Puisne Judges: 13 had previously served in the Parliament of Tasmania, Algernon Montagu, Thomas Horne, Valentine Fleming, Francis Smith, William Lambert Dobson, William Giblin, John Stokell Dodds, Robert Patten Adams, Andrew Inglis Clark, Herbert Nicholls, Norman Ewing, Richard Green and Merv Everett.

In addition, Norman Ewing and Merv Everett had previously served in the Australian Senate, while Alexander Macduff Baxter had previously served in the New South Wales Legislative Council.

John Pedder and Thomas Horne served in the Tasmanian Legislative Council while serving as judges, while Thomas Horne was elected to the Tasmanian House of Assembly after his judicial service.

Position Name Appointment
commenced 		Appointment
ended 		Term in office Comments Notes
Chief Justice Sir John Pedder 4 March 1824 4 May 1854 30 years, 61 days [7]
Sir Valentine Fleming 7 August 1854 31 December 1869 15 years, 146 days
Sir Francis Smith 8 August 1870 7 February 1885 14 years, 183 days
Sir William Lambert Dobson 7 February 1885 17 March 1898 13 years, 38 days
Sir John Stokell Dodds 29 October 1898 26 June 1914 15 years, 240 days
Sir Herbert Nicholls 1 July 1914 31 October 1937 23 years, 122 days
Sir Harold Crisp 21 December 1937 14 April 1940 2 years, 115 days
Sir John Morris 15 April 1940 3 July 1956 16 years, 79 days
Sir Stanley Burbury 28 August 1956 29 October 1973 17 years, 62 days
Sir Guy Green 30 October 1973 1 September 1995 21 years, 306 days
William Cox 4 September 1995 1 December 2004 9 years, 88 days
Peter Underwood 2 December 2004 28 March 2008 3 years, 117 days
Ewan Crawford 24 April 2008 7 April 2013 4 years, 348 days
Alan Blow 8 April 2013 11 years, 276 days [7][8][9]
Judge Algernon Montagu 31 January 1833 31 December 1847 14 years, 334 days [10]
Thomas Horne 1 January 1848 1 November 1860 12 years, 305 days
Sir Francis Smith 1 November 1860 7 February 1885 24 years, 98 days
Sir William Lambert Dobson 8 August 1870 17 March 1898 27 years, 221 days
William Giblin 7 February 1885 17 January 1887 1 year, 344 days
Robert Patten Adams 14 March 1887 31 May 1898 11 years, 78 days
Andrew Inglis Clark 1 June 1898 14 November 1907 9 years, 166 days
John McIntyre 20 October 1898 30 June 1914 15 years, 253 days
Sir Herbert Nicholls 1 January 1909 31 October 1937 28 years, 303 days
Edward Dobbie 1 January 1914 28 August 1915 1 year, 239 days
Sir Harold Crisp 1 August 1914 14 April 1940 25 years, 257 days
Norman Ewing 23 September 1915 19 July 1928 12 years, 300 days
Andrew Inglis Clark, Jr. 31 August 1928 20 February 1952 23 years, 173 days
Wilfred Hutchins 1 November 1938 23 March 1950 11 years, 142 days
Sir Richard Green 1 June 1950 19 March 1961 10 years, 291 days
Marcus Gibson 2 May 1951 11 January 1968 16 years, 254 days
Sir Peter Crisp 21 March 1952 1 March 1971 18 years, 345 days
Sir George Crawford 10 November 1958 11 December 1981 23 years, 31 days
William Ellis Cox 28 March 1961 15 March 1963 1 year, 352 days
Frank Neasey 18 March 1963 13 September 1990 27 years, 179 days
David Chambers 27 February 1968 24 September 1978 10 years, 209 days
Robert Nettlefold 2 March 1971 15 May 1990 19 years, 74 days
Henry Cosgrove 2 February 1977 23 September 1988 11 years, 234 days
Merv Everett 7 November 1978 14 March 1984 5 years, 128 days
Cecil Brettingham-Moore 21 March 1984 14 March 1986 1 year, 358 days
William Cox 2 February 1982 1 December 2004 22 years, 303 days
Peter Underwood 20 August 1984 28 March 2008 23 years, 221 days
Christopher Wright 29 April 1986 7 March 2000 13 years, 313 days
Ewan Crawford 5 October 1988 7 April 2013 24 years, 184 days
Bill Zeeman 30 May 1990 10 March 1998 7 years, 284 days
Pierre Slicer 3 June 1991 18 September 2009 18 years, 107 days
Peter Evans 10 June 1998 7 June 2013 14 years, 362 days
Alan Blow 13 June 2000 24 years, 210 days [7][8][9]
Shan Tennent 15 March 2005 3 November 2017 12 years, 233 days [10]
David Porter 26 May 2008 21 May 2016 7 years, 361 days [10]
Helen Wood 9 November 2009 15 years, 61 days [8][11]
Stephen Estcourt 8 April 2013 11 years, 276 days [8][12]
Robert Pearce 11 June 2013 11 years, 212 days [8][13]
Michael Brett 11 July 2016 8 years, 182 days [8][14]
Gregory Geason 16 November 2017 12 November 2024 7 years, 54 days Resignation due to impending criminal charges. [8][15][16]
Tamara Jago 1 November 2021 3 years, 69 days [17]
Master Joseph Hone 1824 1851 26–27 years [18][19]
Cecil Brettingham-Moore 1960 20 March 1984 23–24 years Appointed a judge [19]
Richard Southee 1985 1999 13–14 years
Master / Associate Judge [a] Stephen Holt 6 September 1999 31 August 2023 23 years, 359 days [20]
Associate Judge Michael Daly 29 April 2024 255 days [8][21]


See also

Notes

  1. ^ On 1 March 2008 the title "Master" was changed to "Associate Judge"

References

  1. ^ Supreme Court History – Charter of Justice, Supreme Court of Tasmania
  2. ^ Wilson, James Oakley (1985) [First published in 1913]. New Zealand Parliamentary Record, 1840–1984 (4th ed.). Wellington: V.R. Ward, Govt. Printer. p. 16. OCLC 154283103.
  3. ^ R v Tibbs [1824] TASSupC 1 (24 May 1824), Supreme Court (Van Diemen's Land).
  4. ^ Supreme Court – Jurisdiction, Supreme Court of Tasmania
  5. ^ "Supreme Court : Judgments". Supreme Court of Tasmania. Retrieved 12 January 2018.
  6. ^ Annual Report 2007–2008, page 23, Supreme Court of Tasmania
  7. ^ a b c "The Chief Justices of Tasmania". Supreme Court of Tasmania. Retrieved 5 March 2019.
  8. ^ a b c d e f g h "Current judges". Supreme Court of Tasmania. Retrieved 15 July 2024.
  9. ^ a b "Alan Blow AO - Supreme Court of Tasmania". Supreme Court of Tasmania. Retrieved 15 July 2024.
  10. ^ a b c "The Puisne Judges of Tasmania". Supreme Court of Tasmania. Retrieved 5 March 2019.
  11. ^ "Helen Wood - Supreme Court of Tasmania". Supreme Court of Tasmania. Retrieved 15 July 2024.
  12. ^ "Stephen Estcourt AM - Supreme Court of Tasmania". Supreme Court of Tasmania. Retrieved 15 July 2024.
  13. ^ "Robert Pearce - Supreme Court of Tasmania". Supreme Court of Tasmania. Retrieved 15 July 2024.
  14. ^ "Michael Brett - Supreme Court of Tasmania". Supreme Court of Tasmania. Retrieved 15 July 2024.
  15. ^ "Gregory Geason - Supreme Court of Tasmania". Supreme Court of Tasmania. Retrieved 15 July 2024.
  16. ^ James, Ethan (12 November 2024). "Judge to quit after ex-partner assault guilty ruling". Glen Innes Examiner. Retrieved 12 November 2024.
  17. ^ "Tamara Jago - Supreme Court of Tasmania". Supreme Court of Tasmania. Retrieved 15 July 2024.
  18. ^ Brettingham-Moore, C G. "The Office of Master" (PDF). (1963) 1(6) University of Tasmania Law Review 842.
  19. ^ a b "Masters". Supreme Court of Tasmania. Retrieved 5 March 2019.
  20. ^ "Address by the Hon Associate Justice Stephen Holt on his retirement from the Supreme Court on 31 August 2023 - Supreme Court of Tasmania" (PDF). Supreme Court of Tasmania. Retrieved 15 July 2024.
  21. ^ "Michael Daly - Supreme Court of Tasmania". Supreme Court of Tasmania. Retrieved 15 July 2024.

The Associate Judge, a lower-ranking judicial officer previously called the Master, has responsibility for largely procedural matters in civil and criminal proceedings, and for some work in assessing the damages (amounts claimable) in civil proceedings.

2021 Supreme Court of Tasmania ruling

In February 2021, it was reported by LGBTQI+ media the Star Observer - Tasmania never officially legally ever recognized same-sex relationships at all from a ruling of the Supreme Court of Tasmania.[1][2][3]

See also

Notes

References

  1. ^ Thomas, Shibu (11 February 2021). "Six year fight for next of kin recognition for gay couple". Star Observer. Retrieved 18 November 2021.
  2. ^ Thomas, Shibu (18 March 2021). "Gay Man Loses Court Battle Over Next-Of-Kin Recognition". Star Observer. Retrieved 18 November 2021.
  3. ^ Jago v Anti-Discrimination Tribunal [2021] TASSC 10, Supreme Court (Tas)
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