New South Wales Court of Appeal
|New South Wales Court of Appeal|
|Established||1 January 1966|
|Jurisdiction||New South Wales, Australia|
|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:|
|Decisions are appealed to||High Court of Australia|
|Decisions are heard for appeals from|
|Judge term length||mandatory retirement by age of 72|
|Chief Justice of New South Wales|
|Currently||Justice Tom Bathurst AC|
|Since||1 June 2011|
|President of the Court of Appeal|
|Currently||Justice Margaret Beazley AO|
|Since||1 March 2013|
The Court of Appeal operates pursuant to the Supreme Court Act 1970 (NSW). The Court hears appeals from a variety of courts and tribunals in New South Wales, in particular the Supreme Court, the Industrial Court, the Land and Environment Court, the District Court, the Dust Diseases Tribunal, the Workers Compensation Commission, and the Government and Related Employees Appeal Tribunal. The Court of Appeal must grant leave to appeal a judgment of an inferior court, before it hears the appeal proper.
If a petitioner is not satisfied with the decision made by the Court of Appeal, application may be made to the High Court of Australia for special leave to appeal the decision before the High Court. Because special leave is only granted by the High Court under certain conditions, the Court of Appeal is in effect a court of final appeal for many matters.
Although the New South Wales Court of Appeal commenced operation on 1 January 1966 with the appointment of the President, Sir Gordon Wallace, and six Judges of Appeal, Bernard Sugerman, Charles McLelland, Cyril Walsh, Kenneth Jacobs, Kenneth Asprey and John Holmes Dashwood, the Court of Appeal was established in 1965, replacing the former appellate Full Court of the New South Wales Supreme Court. The advent of the Court of Appeal was controversial, as it introduced another order and unexpectedly uprooted the established order of hierarchy and seniority among judges of the Supreme Court.
The Court of Appeal consists of the Chief Justice of New South Wales, the President of the Court of Appeal and nine judges of appeal. There are currently twelve judges of appeal with current commissions. However, three of them, Justice Hoeben Justice Ward and Justice McClellan, are not operating full-time as judges of appeal. Justice Hoeben is Chief Judge at Common Law, Justice Ward is Chief Judge in Equity, and Justice McClellan is chairing a Royal Commission.
Judges who may form a panel or hear sentence appeals from the Drug Court alone are listed below:
|Name||Title||Term began||Time in office|
|Bathurst, TomTom Bathurst AC||Chief Justice ||1 June 2011||6 years, 263 days|
|Beazley, MargaretMargaret Beazley AO||President, Court of Appeal ||2 January 2013||5 years, 48 days|
|Hoeben, CliftonClifton Hoeben AM, RFD||Judge of Appeal||23 April 2012||5 years, 302 days|
|Chief Judge at Common Law||21 February 2013||4 years, 363 days|
|Ward, JulieJulie Ward||Judge of Appeal||12 November 2012||5 years, 99 days|
|Chief Judge in Equity||15 March 2017||341 days|
|McColl, RuthRuth McColl AO||Judge of Appeal||29 April 2003||14 years, 296 days|
|Basten, JohnJohn Basten||2 May 2005||12 years, 293 days|
|Macfarlan, RobertRobert Macfarlan||8 September 2008||9 years, 164 days|
|Meagher, AnthonyAnthony Meagher||10 August 2011||6 years, 193 days|
|McClellan, PeterPeter McClellan AM||21 February 2013||4 years, 363 days|
|Gleeson, FabianFabian Gleeson||29 April 2013||4 years, 296 days|
|Leeming, MarkMark Leeming||3 June 2013||4 years, 261 days|
|Simpson, CarolynCarolyn Simpson||11 June 2015||2 years, 253 days|
|Payne, AnthonyAnthony Payne||30 March 2016||1 year, 326 days|
|White, RichardRichard White||15 March 2017||341 days|
|Sackville, RonaldRonald Sackville||Acting Judges of Appeal|
|Emmett, ArthurArthur Emmett||7 March 2013||4 years, 349 days|
|Barrett, Reginald IanReginald Ian Barrett||1 April 2015||2 years, 324 days|
Most judges in the Court of Appeal also sit on the Court of Criminal Appeal in varying degrees of frequency. The Chief Judge at Common Law, Justice Hoeben, and the Chief Judge in Equity, Justice Ward, also sit on the Court of Appeal (and the Court of Criminal Appeal) from time to time.
Presidents of the Court of Appeal
|Sir Gordon Wallace||1 January 1966||21 January 1970||4 years, 20 days||Retired|
|Sir Bernard Sugerman||2 January 1970||30 September 1972||2 years, 252 days||Retired|
|Sir Kenneth Jacobs KBE||1 October 1972||7 February 1974||1 year, 129 days||Appointed to the High Court|
|Moffitt, AtholAthol Moffitt CMG||8 February 1974||25 June 1984||10 years, 138 days||Retired|
|Kirby, MichaelMichael Kirby AC CMG||24 September 1984||6 February 1996||11 years, 135 days||Appointed to the High Court|
|Mahoney, DennisDennis Mahoney AO||19 February 1996||3 February 1997||350 days||Retired.|
|Mason, KeithKeith Mason AC||4 February 1997||30 May 2008||11 years, 183 days||Retired|
|Allsop, JamesJames Allsop AO||1 June 2008||28 February 2013||4 years, 272 days||Appointed Chief Justice of the Federal Court|
|Beazley, MargaretMargaret Beazley AO||1 March 2013||4 years, 355 days|
- "About the Supreme Court". Supreme Court of New South Wales. New South Wales Government. 20 May 2015. Retrieved 8 August 2016.
- Kirby, M (2008). "Judicial Supersession: The Controversial Establishment of the New South Wales Court of Appeal". Sydney Law Review. Camperdown: Sydney Law School (30): 177–208.
- "Judicial officer contact details". Supreme Court of New South Wales. Retrieved 28 June 2017.
- "Meet our Commissioners". Child Abuse Royal Commission.
- Patty, A (13 May 2011). "Tom Bathurst appointed NSW Chief Justice". The Sydney Morning Herald.
- Alexander, H (20 December 2012). "First female head to run appeal court". The Sydney Morning Herald. Retrieved 8 August 2016.