Court of Appeal of New South Wales
Encyclopedia
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
for the Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n State
States and territories of Australia
The Commonwealth of Australia is a union of six states and various territories. The Australian mainland is made up of five states and three territories, with the sixth state of Tasmania being made up of islands. In addition there are six island territories, known as external territories, and a...
of New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
. It forms part of the Supreme Court of New South Wales
Supreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
.
History
The Court of Appeal commenced operation on 1 January 1966 with the appointment of the President, Sir Gordon Wallace, and 6 Judges of Appeal, Bernard SugermanBernard Sugerman
Bernard Sugerman was an Australian barrister, legal scholar and judge.-Early life and education:Bernie Sugerman was born on 5 July 1904 at Rockdale, New South Wales...
, Charles McLelland, Cyril Walsh
Cyril Walsh
Sir Cyril Ambrose Walsh KBE , Australian judge, was a Justice of the High Court of Australia.Walsh was born in Sydney, New South Wales, the son of Michael and Mary Walsh. He grew up in the western suburb of Werrington, where his father owned a dairy farm...
, Kenneth Jacobs
Kenneth Jacobs
Sir Kenneth Sydney Jacobs KBE , Australian judge, was a Justice of the High Court of Australia.Jacobs was born in 1917 in Gordon, a suburb of Sydney, New South Wales...
, Kenneth Asprey
Kenneth Asprey
Kenneth William Asprey was a judge of the New South Wales Court of Appeal, the highest court in the State of New South Wales, Australia, which forms part of the Australian court hierarchy....
and John Holmes Dashwood.
Composition
The Court of Appeal consists of the Chief Justice, the President of the Court of Appeal and 9 Judges of Appeal. Currently these positions are filled by:Chief Justice
- Tom BathurstTom BathurstThomas Frederick Bathurst QC is an Australian judge. He was appointed Chief Justice of the Supreme Court of New South Wales and Lieutenant Governor of New South Wales from 1 June 2011.-Early years and education:...
(13 May 2011)
President of the Court of Appeal
- James AllsopJames AllsopJames Leslie Bain Allsop is the President of the Court of Appeal of the Supreme Court of New South Wales, the highest court in the State of New South Wales, Australia, which forms part of the Australian court hierarchy.-Education:...
(2 June 2008)
Judges of the Court of Appeal
- Margaret BeazleyMargaret BeazleyMargaret Joan Beazley AO is a judge of the Court of Appeal of the Supreme Court of New South Wales, the highest court in the State of New South Wales, Australia, which forms part of the Australian court hierarchy.-Career:...
(1996) - Roger GilesRoger GilesRoger David Giles is a judge of the Court of Appeal of the Supreme Court of New South Wales, the highest court in the State of New South Wales, Australia, which forms part of the Australian court hierarchy.-References:...
- David HodgsonDavid Hodgson (judge)David Hargraves Hodgson AO is a judge of the Court of Appeal of the Supreme Court of New South Wales, the highest court in the State of New South Wales, Australia, which forms part of the Australian court hierarchy.-Education:...
(23 April 2001) - David IppDavid IppDavid Andrew Ipp AO QC is the Commissioner of the NSW Independent Commission Against Corruption.Ipp was formerly a judge of the Court of Appeal of the Supreme Court of New South Wales, the highest court in the State of New South Wales, Australia, which forms part of the Australian court...
(21 October 2002) - Murray TobiasMurray TobiasMurray Herbert Tobias AM, RFD is a judge of the Court of Appeal of the Supreme Court of New South Wales, the highest court in the State of New South Wales, Australia, which forms part of the Australian court hierarchy.-Education:...
(28 April 2003) - Ruth McCollRuth McCollRuth Stephanie McColl AO is a judge of the Court of Appeal of the Supreme Court of New South Wales, the highest court in the State of New South Wales, Australia, which forms part of the Australian court hierarchy.-Education:...
(29 April 2003) - John BastenJohn BastenJohn Basten is a judge of the Court of Appeal of the Supreme Court of New South Wales, the highest court in the State of New South Wales, Australia, which forms part of the Australian court hierarchy.-Education:...
(2 May 2005) - Joseph CampbellJoseph Campbell (judge)Joseph Charles Campbell is a judge of the Court of Appeal of the Supreme Court of New South Wales, the highest court in the State of New South Wales, Australia, which forms part of the Australian court hierarchy.-Education:...
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. There are also two current Acting Justices of Appeal - Ken Handley and John Bryson - who were formerly judges of the Court of Appeal and the Supreme Court, respectively.
Jurisdiction
The Court of Appeal operates under 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 CourtSupreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
and the District Court. The Court of Appeal must grant leave to appeal a judgment of an inferior court, before it hears the appeal proper. Special leave to appeal is required to appeal a judgment from the Court of Appeal to the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
. 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.