Supreme Court of the Northern Territory
Encyclopedia
The Supreme Court of the Northern Territory is the superior court
for the Australia
n Territory
of the Northern Territory
. It has unlimited jurisdiction
within the territory in civil
matters, and hears the most serious criminal
matters. It is around the middle of the Australian court hierarchy
.
Thereafter, from 1875 to 1884, the government appointed persons as commissioners (usually the Government Resident) to exercise the power of a judge of the Supreme Court in all but trials of capital offences.
From 1884 to 1911, a resident judge, with the title "Judge of the Northern Territory" exercised the full powers of the Supreme Court under the Northern Territory Justice Act.
surrendered the territory to the Commonwealth. The first judge of the court was Samuel James Mitchell
. The only person to hold the office of Chief Judge, which was created in 1975, was Sir William Forster
who held the position from 1977-1979. The position title was changed to Chief Justice
in 1979, and Forster was the first Chief Justice from 1979-1985. There have been 6 Chief Justices since 1979 http://www.supremecourt.nt.gov.au/about/judges/former/index.htm. There are currently six resident judges (including the Chief Justice) and two additional judges and two acting judges, making a total of ten Supreme Court justices. http://www.supremecourt.nt.gov.au/about/judges
In 1927, when the Northern Australia 1926 Act (Cth) came into force, the Northern Territory was divided into two territories; North Australia and Central Australia. The Supreme Court was not abolished, but continued to exist as the Supreme Court of North Australia and the Supreme Court of Central Australia.
After the Northern Territory Act was repealed in 1931, the Northern Territory was reconstituted as a single Territory of the Commonwealth. The Supreme Courts of North Australia and Central Australia were abolished and the Supreme Court continued as the Supreme Court of the Northern Territory. In 1935 the Court began its first sittings on circuit in Alice Springs http://www.nt.gov.au/ntsc/alice_court.html, a practice which still continues today. Circuit sittings in Katherine
were also introduced in 1996.
When a new Supreme Court complex was built, Indigenous artist Norah Nelson Napaljarri
was chosen to design a mosaic for its forecourt.
The design concept of the Supreme Court, as requested by the client the Northern Territory Government, was to reflect the elements of the "Greek Revival" Hong Kong Shanghai Bank constructed in Hong Kong in the 1800's viz: the colonnade around the building, the mansard roof and the portico entrance as well as giving reference to it's tropical location and it's colonial past.
The collaborating architects were Peter Doig, Ron Findlay and Roger Linklater: the interior was designed by Susie Cole.
The architectural style is best described as Neo-colonial.
, Tennant Creek and Nhulunbuy. The Supreme Court has also on occasion sat at remote aboriginal communities.
The Supreme Court includes the Court of Appeal, Court of Criminal Appeal, Civil and Criminal Trials and Appeals from the Northern Territory Magistrates Court. http://www.nt.gov.au/ntsc/structure.html
Judgments from Supreme Court trials are available to the public http://www.nt.gov.au/ntsc/doc/judgements/2005/ntsc.html, as are the sentencing remarks http://www.nt.gov.au/ntsc/doc/sentencing_remarks/2005/11/index.html, unless a suppression order has been taken preventing these being released (for example, involving juveniles, public figures or in some controversial matters).
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 Territory
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 the Northern Territory
Northern Territory
The Northern Territory is a federal territory of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions...
. It has unlimited jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
within the territory in civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
matters, and hears the most serious criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
matters. It is around the middle of the Australian court hierarchy
Australian court hierarchy
There are two streams within the hierarchy of Australian courts, the federal stream and the state and territory stream. While the federal courts and the court systems in each state and territory are separate, the High Court of Australia remains the ultimate court of appeal for the Australian...
.
Early history
Shortly after the first settlement at Palmerston, Port Darwin in 1869-70, pressure was placed upon the South Australian government to establish a superior court in the then Northern Territory of South Australia. Although such a court was mooted, it was decided to send judges to Palmerston on circuit. The first circuit court was held in February 1875. http://www.nt.gov.au/ntsc/history.htmlThereafter, from 1875 to 1884, the government appointed persons as commissioners (usually the Government Resident) to exercise the power of a judge of the Supreme Court in all but trials of capital offences.
From 1884 to 1911, a resident judge, with the title "Judge of the Northern Territory" exercised the full powers of the Supreme Court under the Northern Territory Justice Act.
History
The court was established on 30 May 1911, shortly after South AustraliaSouth Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
surrendered the territory to the Commonwealth. The first judge of the court was Samuel James Mitchell
Samuel James Mitchell
The Hon. Samuel James Mitchell was the first Judge of the Supreme Court of the Northern Territory and served from 1911 to 1912.-Early life:...
. The only person to hold the office of Chief Judge, which was created in 1975, was Sir William Forster
William Forster (judge)
Sir William Edward Stanley Forster was the first Chief Justice of the Supreme Court of the Northern Territory holding that position from 1979 to 1985...
who held the position from 1977-1979. The position title was changed to Chief Justice
Chief Justice of the Northern Territory
The title of Chief Justice of the Northern Territory refers to the highest judicial position in the Supreme Court of the Northern Territory. The position is currently held by Trevor Riley.-History of the Chief Justice of the Northern Territory:...
in 1979, and Forster was the first Chief Justice from 1979-1985. There have been 6 Chief Justices since 1979 http://www.supremecourt.nt.gov.au/about/judges/former/index.htm. There are currently six resident judges (including the Chief Justice) and two additional judges and two acting judges, making a total of ten Supreme Court justices. http://www.supremecourt.nt.gov.au/about/judges
In 1927, when the Northern Australia 1926 Act (Cth) came into force, the Northern Territory was divided into two territories; North Australia and Central Australia. The Supreme Court was not abolished, but continued to exist as the Supreme Court of North Australia and the Supreme Court of Central Australia.
After the Northern Territory Act was repealed in 1931, the Northern Territory was reconstituted as a single Territory of the Commonwealth. The Supreme Courts of North Australia and Central Australia were abolished and the Supreme Court continued as the Supreme Court of the Northern Territory. In 1935 the Court began its first sittings on circuit in Alice Springs http://www.nt.gov.au/ntsc/alice_court.html, a practice which still continues today. Circuit sittings in Katherine
Katherine, Northern Territory
Katherine is a town situated southeast of Darwin in the "Top End" of Australia in the Northern Territory. It is the fourth largest settlement in the Territory after the capital Darwin, Palmerston and Alice Springs...
were also introduced in 1996.
When a new Supreme Court complex was built, Indigenous artist Norah Nelson Napaljarri
Norah Nelson Napaljarri
Norah Nelson Napaljarri is a Warlpiri-speaking Indigenous artist from Australia's Western Desert region. Norah Nelson began painting in 1986, and has exhibited her works both in Australia and other countries...
was chosen to design a mosaic for its forecourt.
The design concept of the Supreme Court, as requested by the client the Northern Territory Government, was to reflect the elements of the "Greek Revival" Hong Kong Shanghai Bank constructed in Hong Kong in the 1800's viz: the colonnade around the building, the mansard roof and the portico entrance as well as giving reference to it's tropical location and it's colonial past.
The collaborating architects were Peter Doig, Ron Findlay and Roger Linklater: the interior was designed by Susie Cole.
The architectural style is best described as Neo-colonial.
Other
The Supreme Court occasionally sits in other locations in the Northern Territory, including KatherineKatherine, Northern Territory
Katherine is a town situated southeast of Darwin in the "Top End" of Australia in the Northern Territory. It is the fourth largest settlement in the Territory after the capital Darwin, Palmerston and Alice Springs...
, Tennant Creek and Nhulunbuy. The Supreme Court has also on occasion sat at remote aboriginal communities.
The Supreme Court includes the Court of Appeal, Court of Criminal Appeal, Civil and Criminal Trials and Appeals from the Northern Territory Magistrates Court. http://www.nt.gov.au/ntsc/structure.html
Judgments from Supreme Court trials are available to the public http://www.nt.gov.au/ntsc/doc/judgements/2005/ntsc.html, as are the sentencing remarks http://www.nt.gov.au/ntsc/doc/sentencing_remarks/2005/11/index.html, unless a suppression order has been taken preventing these being released (for example, involving juveniles, public figures or in some controversial matters).
Judges of the Supreme Court of the Northern Territory
As at April 2010 (appointment date in brackets):Chief Justice
| Name | Date appointed |
|---|---|
| Chief Justice Trevor Riley Trevor Riley Trevor John Riley QC is the Chief Justice of the Supreme Court of the Northern Territory. He was appointed a judge of the Supreme Court on 1 February 1999 and Chief Justice on 27 September 2010.... |
27 September 2010 |
Judges
| Name | Date appointed |
|---|---|
| Justice Dean Mildren Dean Mildren Dean Mildren RFD QC is a Judge of the Supreme Court of the Northern Territory. He was appointed to the Court on 27 June 1991.-Education and pre-Northern Territory:... |
27 June 1991 |
| Justice Stephen Southwood Stephen Southwood Stephen Roger Southwood QC is a Judge of the Supreme Court of the Northern Territory. He was appointed to the Court on 31 January 2005.... |
31 January 2005 |
| Justice Judith Kelly Judith Kelly Judith Clair Kelly SC is a Judge of the Supreme Court of the Northern Territory. She was appointed to the Court on 12 August 2009 replacing Justice Sally Thomas... |
12 August 2009 |
| Justice Jenny Blokland Jenny Blokland Jenny May Blokland is a Judge of the Supreme Court of the Northern Territory. She was appointed to the Court on 9 April 2010 replacing Justice David Angel who retired in January 2010. Justice Blokland is the third female appointment to the Court since it was established in 1911... |
9 April 2010 |
| Justice Peter Barr | 30 September 2010 |
Additional Judges
| Name | Date appointed |
|---|---|
| John Reeves | May 2009 |
| John Mansfield John Mansfield John Mansfield was the 15th Lieutenant Governor of California from 1880 to 1883. He also was an officer in the Union Army during the American Civil War, serving as the last colonel of the 2nd Wisconsin Volunteer Infantry Regiment of the famed Iron Brigade.Mansfield responded to President Abraham... |
June 2009 |
| Brian Ross Martin Brian Ross Martin Brian Ross Martin AO QC was the Chief Justice of the Supreme Court of the Northern Territory from 2004 to 2010. He was sworn in as the Northern Territory's fifth Chief Justice on 27 January 2004 following the retirement of Brian Frank Martin.At the time of his appointment he was a judge of the... |
November 2010 |
Acting Judges
| Name | Date appointed |
|---|---|
| Acting Justice Trevor Olsson | 6 July 2004 |
See also
- Family Court of AustraliaFamily Court of AustraliaThe Family Court of Australia is a superior Australian federal court of record which deals with family law matters. Together with the Federal Magistrates Court, it covers family law matters in all states and territories of Australia except Western Australia...
- Federal Court of AustraliaFederal Court of AustraliaThe Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
- Judiciary of AustraliaJudiciary of AustraliaThe judiciary in Australia is modelled substantially on the system of courts which existed in England.The large number of courts and tribunals in Australia have different procedural powers and characteristics, different jurisdictional limits, different remedial powers and different cost...
- List of Judges of the Supreme Court of the Northern Territory