New South Wales Court of Appeal

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New South Wales Court of Appeal
Coat of Arms of New South Wales.svg
Established 1 January 1966 (1966-01-01)
Jurisdiction New South Wales, Australia
Location Sydney
Coordinates 33°52′08″S 151°12′42″E / 33.868918°S 151.211628°E / -33.868918; 151.211628Coordinates: 33°52′08″S 151°12′42″E / 33.868918°S 151.211628°E / -33.868918; 151.211628
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
Website www.lawlink.nsw.gov.au
Chief Justice of New South Wales
Currently Justice Tom Bathurst AC
Since 1 June 2011 (2011-06-01)
President of the Court of Appeal
Currently Justice Margaret Beazley AO
Since 1 March 2013 (2013-03-01)

The New South Wales Court of Appeal, part of the Supreme Court of New South Wales, is the highest court for civil matters and has appellate jurisdiction in the Australian state of New South Wales.

Jurisdiction[edit]

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.[1] 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.

History[edit]

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.[2] 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.[2]

Composition[edit]

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 eleven judges of appeal with current commissions. However, two of them, Justice Hoeben and Justice McClellan, are not operating full-time as judges of appeal. Justice Hoeben is chief judge at common law.[3] Justice McClellan is chairing a Royal Commission.[4]

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
Justice Tom Bathurst AC Chief Justice of New South Wales[5] 1 June 2011 (2011-06-01) 5 years, 183 days
Justice Margaret Beazley AO President of the Court of Appeal[6] 2 January 2013 (2013-01-02) 3 years, 334 days
Justice Ruth McColl AO 29 April 2003 (2003-04-29) 13 years, 216 days
Justice John Basten Judges of Appeal[3] 2 May 2005 (2005-05-02) 11 years, 213 days
Justice Robert Macfarlan 8 September 2008 (2008-09-08) 8 years, 84 days
Justice Anthony Meagher 10 August 2011 (2011-08-10) 5 years, 113 days
Justice Julie Ward November 2012
Justice Peter McClellan AM 21 February 2013
Justice Fabian Gleeson 29 April 2013 (2013-04-29) 3 years, 216 days
Justice Mark Leeming 3 June 2013 (2013-06-03) 3 years, 181 days
Justice Carolyn Simpson 11 June 2015 (2015-06-11) 1 year, 173 days
Justice Anthony Payne 30 March 2016 (2016-03-30) 246 days
Justice Patricia Bergin Chief Judge in Equity 6 March 2009 (2009-03-06) 7 years, 270 days
Justice Clifton Hoeben AM, RFD Chief Judge at Common Law
Justice Ronald Sackville Acting Judges of Appeal
Justice Arthur Emmett 7 March 2013 (2013-03-07) 3 years, 269 days
Justice Reginald Ian Barrett 2015 0–1 years

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 Bergin, also sit on the Court of Appeal (and the Court of Criminal Appeal) from time to time.

See also[edit]

References[edit]

  1. ^ "About the Supreme Court". Supreme Court of New South Wales. New South Wales Government. 20 May 2015. Retrieved 8 August 2016. 
  2. ^ a b 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. 
  3. ^ a b "Judicial contacts". Supreme Court of New South Wales. Government of New South Wales. Retrieved 8 August 2016. 
  4. ^ http://www.childabuseroyalcommission.gov.au/about-us/meet-our-commissioners
  5. ^ Patty, Anna (13 May 2011). "Tom Bathurst appointed NSW Chief Justice". The Sydney Morning Herald. 
  6. ^ Alexander, Harriet (20 December 2012). "First female head to run appeal court". The Sydney Morning Herald. Retrieved 8 August 2016. 

External links[edit]