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
33°52′08″S 151°12′42″E
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 Andrew Bell
Since7 March 2022 (7 March 2022)
President of the Court of Appeal
CurrentlyJustice Julie Ward
Since7 March 2022 (7 March 2022)

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

The Court of Appeal was established in 1965, replacing the former appellate Full Court of the New South Wales Supreme Court,[2] and commenced operations 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 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 March 2022, 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 ten judges of appeal with current commissions. Traditionally two of them are heads of the Common Law Division and the Equity Division, and sit full-time in those Divisions as primary judges. The Chief Judge at Common Law is currently Robert Beech-Jones, while the Chief Judge at Equity is currently David Hammerschlag.[3] The chief judges 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 is presently one acting judge of appeal, Carolyn Simpson. Each sit full-time in the Court of Appeal, although will hear primary cases in the Divisions as the need arises.[3]

NameNotes
Andrew BellChief Justice7 March 20221 year, 217 days[4]
Julie WardPresident, Court of Appeal7 March 20221 year, 217 days[5]
John BastenJudge of Appeal2 May 200518 years, 161 days[3]
Robert Macfarlan8 September 200815 years, 32 days
Anthony Meagher10 August 201112 years, 61 days
Fabian Gleeson29 April 201310 years, 164 days
Mark Leeming3 June 201310 years, 129 days
Anthony Payne30 March 20167 years, 194 days
Richard White15 March 20176 years, 209 days
Paul Brereton AM, RFD22 August 20185 years, 49 days
Robert Beech-JonesChief Judge at Common Law
Judge of Appeal		31 August 20212 years, 40 days[6]
David HammerschlagChief Judge in Equity17 March 20221 year, 207 days [7]
Carolyn SimpsonActing Judge of Appeal30 March 20185 years, 194 days [3]

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 and the Chief Judge in Equity 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		 CommentsNotes
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 Bell28 February 20197 March 20223 years, 7 daysAppointed Chief Justice of New South Wales[8][4]
Julie Ward7 March 20221 year, 217 days[5]

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 8 March 2022.
  4. "New Chief Justice of NSW". NSW Department of Communities and Justice. Retrieved 28 February 2022.
  5. "New President of the Court of Appeal". NSW Department of Communities and Justice. Retrieved 28 February 2022.
  6. "Media Release - Appointment of Beech-Jones CJ at CL". 11 August 2021. Archived from the original on 13 August 2021.
  7. Speakman, M Attorney-General (16 March 2022). "New appointmenbts to strengthen Supreme Court" (PDF). Retrieved 21 March 2022.
  8. 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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