New South Wales Court of Appeal

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.

New South Wales Court of Appeal
Established1 January 1966 (1966-01-01)
Jurisdiction New South Wales
LocationSydney
Coordinates33°52′08″S 151°12′42″E
Composition methodVice-regal appointment upon Premier's nomination, following advice of the Attorney General and Cabinet
Authorized byParliament of New South Wales via the:
Appeals toHigh Court of Australia
Appeals from
Judge term lengthMandatory retirement by age of 72
Websitesupremecourt.justice.nsw.gov.au
Chief Justice of New South Wales
CurrentlyJustice Tom Bathurst AC
Since1 June 2011 (2011-06-01)
President of the Court of Appeal
CurrentlyJustice Andrew Bell SC
Since28 February 2019 (2019-02-28)

Jurisdiction

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

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]

Current Composition

The Court of Appeal, as of February 2020, consists of the Chief Justice of New South Wales, the President of the Court of Appeal and the judges of appeal. Apart from the Chief Justice and the President of the Court, there are eleven judges of appeal with current commissions. Two of them are heads of the Common Law Division and the Equity Division, and sit full-time in those Divisions as primary judges. They are Justice Hoeben and Justice Ward. Justice Hoeben is Chief Judge at Common Law,[3] Justice Ward is Chief Judge in Equity.[3] Hoeben and Ward will on occasion sit as appeal judges from time to time.

The Governor can appoint Acting Judges of Appeal. They have all rights and powers as a Judge of Appeal. There are presently two acting judges of appeal, Arthur Emmett and Carolyn Simpson. Each sit full-time in the Court of Appeal, although will hear primary cases in the Division as the need arises.[3]

Former Acting Judges of Appeal include Murray Tobias, Ronald Sackville, who was a former Federal Court Judge and is now a Royal Commissioner, and Reginald Barrett.

NameTitleTerm beganTime in office
Tom Bathurst ACChief Justice [4]1 June 20119 years, 232 days
Andrew BellPresident, Court of Appeal [5]28 February 20191 year, 326 days
Clifton Hoeben AM, RFDJudge of Appeal23 April 20128 years, 271 days
Chief Judge at Common Law21 February 20137 years, 333 days
Julie WardJudge of Appeal12 November 20128 years, 68 days
Chief Judge in Equity15 March 20173 years, 310 days
John BastenJudge of Appeal[3]2 May 200515 years, 262 days
Robert Macfarlan8 September 200812 years, 133 days
Anthony Meagher10 August 20119 years, 162 days
Fabian Gleeson29 April 20137 years, 265 days
Mark Leeming3 June 20137 years, 230 days
Anthony Payne30 March 20164 years, 295 days
Richard White15 March 20173 years, 310 days
Paul Brereton AM, RFD22 August 201815 years, 262 days
Lucy McCallum30 January 20191 year, 355 days
Reginald BarrettActing Judge of Appeal16 March 20164 years, 309 days
Arthur Emmett7 March 20137 years, 318 days
Carolyn Simpson30 March 20182 years, 295 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
Name Appointment
commenced		 Appointment
ended		 Term as
President		 Comments
Sir Gordon Wallace1 January 196621 January 19704 years, 20 daysRetired
Sir Bernard Sugerman2 January 197030 September 19722 years, 252 daysRetired
Sir Kenneth Jacobs KBE1 October 19727 February 19741 year, 129 daysAppointed to the High Court
Athol Moffitt CMG8 February 197425 June 198410 years, 138 daysRetired
Michael Kirby AC CMG24 September 19846 February 199611 years, 135 daysAppointed to the High Court
Dennis Mahoney AO19 February 19963 February 1997350 daysRetired.
Keith Mason AC4 February 199730 May 200811 years, 183 daysRetired
James Allsop AO1 June 200828 February 20134 years, 272 daysAppointed Chief Justice of the Federal Court
Margaret Beazley AO1 March 201327 February 20195 years, 363 daysAppointed Governor of NSW
Andrew Bell [6]28 February 20191 year, 326 days

See also

References
  1. "About the Supreme Court". Supreme Court of New South Wales. New South Wales Government. 20 May 2015. Retrieved 8 August 2016.
  2. 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. "Judicial officer contact details". Supreme Court of New South Wales. Retrieved 28 February 2020.
  4. Patty, A (13 May 2011). "Tom Bathurst appointed NSW Chief Justice". The Sydney Morning Herald.
  5. NSW Department of Justice (23 January 2019). "New President of the NSW Court of Appeal". Justice NSW. Retrieved 18 March 2019.
  6. Speakman, M (23 January 2019). "New President of the NSW Court of Appeal" (PDF). NSW Bar Association. Retrieved 23 January 2019.
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