39-632: The Supreme Court of Queensland is the highest court in the Australian State of Queensland . It was formerly the Brisbane Supreme Court , in the colony of Queensland . The original jurisdiction of the Supreme Court allows its trial division to hear civil matters involving claims of more than $ 750,000; criminal matters involving serious offences (including murder and manslaughter ); and matters arising under
78-485: A courthouse ; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the court is known as its jurisdiction (from Latin iūrisdictiō , from iūris , "of the law ", + dīcō , "to declare", + -tiō , noun-forming suffix ), the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone 's Commentaries on
117-518: A legal remedy . It is also usual in the superior courts to have barristers, and attorneys or counsel, as assistants, though, often, courts consist of additional barristers, bailiffs , reporters , and perhaps a jury . The word court comes from the French cour , an enclosed yard, which derives from the Latin form cōrtem , the accusative case of cohors , which again means an enclosed yard or
156-423: A legal remedy . It is also usual in the superior courts to have barristers, and attorneys or counsel, as assistants, though, often, courts consist of additional barristers, bailiffs , reporters , and perhaps a jury . Jurisdiction is defined as the official authority to make legal decisions and judgements over a person or material item within a territory. "Whether a given court has jurisdiction to preside over
195-488: A body of law by combining local customs they were made aware of through traveling and visiting local jurisdictions. This common standard of law became known as "Common Law". This legal tradition is practiced in the English and American legal systems . In most civil law jurisdictions, courts function under an inquisitorial system . In the common law system, most courts follow the adversarial system . Procedural law governs
234-400: A court to take action is based on personal jurisdiction over the parties to the litigation and subject-matter jurisdiction over the claims asserted. The system of courts that interprets and applies the law is collectively known as the judiciary . The place where a court sits is known as a venue . The room where court proceedings occur is known as a courtroom , and the building as
273-430: A given case" is a key question in any legal action. Three basic components of jurisdiction are personal jurisdiction over an individual or thing ( rēs ), jurisdiction over the particular subject matter ( subject-matter jurisdiction ) and territorial jurisdiction . Jurisdiction over a person refers to the full authority over a person regardless of where they live, jurisdiction over a particular subject matter refers to
312-546: A new Brisbane Supreme Court and District Court building, designed by Architectus Brisbane, led by Prof John Hockings. The building is known as the Queen Elizabeth II Courts of Law and was officially opened on Friday 3 August 2012 by Queensland Governor Penelope Wensley . It incorporates a public plaza and links to the existing Brisbane Magistrates Court building . The precinct occupies an entire city block between George, Roma, and Turbot streets. In 1991
351-582: Is any person or institution , often as a government 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 . The practical authority given to the court is known as its jurisdiction , the court's power to decide certain kinds of questions or petitions put to it. There are various kinds of courts, including trial courts that hold trials and appellate courts that hear appeals . Two major legal traditions of
390-530: Is known as a courtroom , and the building as a courthouse ; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the court is known as its jurisdiction (from Latin iūrisdictiō , from iūris , "of the law ", + dīcō , "to declare", + -tiō , noun-forming suffix ), the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone 's Commentaries on
429-529: The Corporations Act 2001 (Cth) and cross-vesting legislation. A jury decides whether the defendant is guilty or not guilty. The division also hears all civil matters involving amounts of more than $ 750,000. A jury may decide these disputes. The appellate jurisdiction of the Supreme Court allows its Court of Appeal to hear cases on appeal from the District Court , the trial division of
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#1732775983394468-842: The Additional Judge Act 1862 (Qld) and the Supreme Court Act 1863 (Qld), were also necessary to establish the court's operating system. Prior to separation of Queensland from New South Wales , the former naval officer, Captain John Clements Wickham , tried minor crimes in the Moreton Bay District . More serious cases were tried at the Supreme Court of New South Wales in Sydney . Two years before separation from New South Wales,
507-887: The District Court of Queensland . Judges of the Court as of March 2022 are: The Supreme Court sits mainly in the Queen Elizabeth II Courts of Law in Brisbane, which also houses the District Court. The court began operating out of this facility on 27 August 2012, prior to which it was located in the Law Courts Complex . The court also has judges permanently appointed to sit in Rockhampton , Townsville and Cairns , and regularly sits in other regional districts. Court A court
546-721: The Moreton Bay Supreme Court Act 1857 (NSW) established the jurisdiction of the Supreme Court of New South Wales in the Moreton Bay District and Samuel Milford served as Judge. Milford resigned in February 1859, and was replaced by Alfred Lutwyche . Initially, the Brisbane Supreme Court served as the Supreme Court for all of Queensland. As the colony's population grew, two other courts were constructed. The first sittings of
585-692: The finders of fact (these are known as jury trials ) or trials in which judges act as both finders of fact and finders of law (in some jurisdictions these are known as bench trials ). Juries are less common in court systems outside the Anglo-American common law tradition. Appellate courts are courts that hear appeals of lower courts and trial courts. Some courts, such as the Crown Court in England and Wales, may have both trial and appellate jurisdictions. The two major legal traditions of
624-621: The Brisbane Court sat at the Old Convict Barracks in Queen Street. These barracks were in disrepair and a number of improvements, including new sets of windows, had to be constructed to allow the continued sitting of the Court. Furthermore, on Sundays, the area of the barracks used by the Court was also used as a church. Although the Court's surroundings were not elaborate, Parliament did provide an annual grant towards
663-559: The Court of Appeal are usually heard by three judges. The Trial Division comprises a number of trial judges and is headed by the Senior Judge Administrator (currently Justice Ann Lyons ). Proceedings in the Trial Division are heard by one trial judge. Most trial division judges also rotate through the Court of Appeal, usually for three week periods. Appeals from: The Court of Appeal also hears appeals from
702-495: The Laws of England , a court (for civil wrongs ) is constituted by a minimum of three parties: the āctor or plaintiff , who complains of an injury done; the reus or defendant , who is called upon to make satisfaction for it; and the jūdex or judicial power, who is to examine the truth of the fact, determine the law arising upon that fact, and, if any injury appears to have been done, ascertain and by its officers apply
741-444: The Laws of England , a court (for civil wrongs ) is constituted by a minimum of three parties: the āctor or plaintiff , who complains of an injury done; the reus or defendant , who is called upon to make satisfaction for it; and the jūdex or judicial power, who is to examine the truth of the fact, determine the law arising upon that fact, and, if any injury appears to have been done, ascertain and by its officers apply
780-622: The Northern Supreme Court were held at Bowen in 1874 and the Bowen Court House was built in 1880 in a classical revival style. The Central Supreme Court was officially opened at Rockhampton in 1896. After the opening of the Central Supreme Court at Rockhampton, the Northern Supreme Court moved from Bowen to Townsville. Justice Virgil Power, who served as the first Judge of the Central Supreme Court,
819-628: The Queensland Supreme Court was restructured into two divisions, the Trial Division and the Court of Appeal. The Court is headed by the Chief Justice of Queensland (currently Chief Justice Helen Bowskill ) who sits in both the Trial Division and the Court of Appeal. The Court of Appeal comprises the President (currently President Debra Mullins ) and four Judges of Appeal, who sit only in the Court of Appeal. Proceedings in
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#1732775983394858-764: The Supreme Court, and a number of other judicial tribunals in Queensland. Decisions made by the Supreme Court may be taken on appeal to the High Court of Australia in Canberra only by a grant of special leave of the High Court of Australia. The Supreme Court of Queensland was founded on 7 August 1861, with the assent of the Supreme Court Constitution Amendment Act 1861 (Qld). Two subsequent pieces of legislation, including
897-686: The authority over the said subject of legal cases involved in a case, and lastly territorial jurisdiction is the authority over a person within an x amount of space. Other concepts of jurisdiction include general , exclusive , appellate , and (in the United States federal courts ) diversity jurisdiction . Courts may be organized into a hierarchy of courts and have specific jurisdiction and include specialized courts . Trial courts are courts that hold trials . Sometimes termed "courts of first instance", trial courts have varying original jurisdiction . Trial courts may conduct trials with juries as
936-569: The building. In 1931, the Queensland Public Works Department provided funds for the renovation of the interior of the Brisbane Supreme Court. On the night of 1 September 1968, the building that housed the Brisbane Supreme Court was damaged by arson. It was subsequently demolished, and in 1976, it was replaced with a building designed by Bligh Jessup Bretnall and was opened by Queensland Governor Sir James Ramsay on 3 September 1981. In 1989, Justice Angelo Vasta
975-447: The central means for dispute resolution , and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary . The place where a court sits is known as a venue . The room where court proceedings occur
1014-634: The chief clerk of works, under the Colonial Architect Charles Tiffin . On 27 April 1865, he married Margaret Bennet at Toowoomba . His younger brother, Henry Charles Stanley , was also an early immigrant to Queensland, becoming the Chief Engineer of the Queensland railways. His niece, Gwendolyn Stanley was an artist. Stanley was himself appointed to the post of Queensland Colonial Architect in July 1873. He held
1053-643: The end of the eleventh century and became a foundation for university legal education starting in Bologna, Italy and subsequently being taught throughout continental European universities. Civil law is firmly ensconced in the French and German legal systems . Common law courts were established by English royal judges of the King's Council after the Norman Invasion of Britain in 1066. The royal judges created
1092-401: The establishment of a Supreme Court Library from 1861 to 1879. By 1870, despite minor building modifications to the convict barracks, it had become clear that a new building was required to house the Brisbane Supreme Court. A site on George Street was selected and the prominent colonial architect, Francis Drummond Greville Stanley , submitted plans for an elaborate neoclassical building which
1131-468: The judicial system and are generally private arbitrators , are depicted within the court show genre; however, the courts depicted have been criticized as misrepresenting real-life courts of law and the true nature of the legal system. Notable court shows include: Francis Drummond Greville Stanley Francis Drummond Greville Stanley (1839–1897) was an architect in Queensland , Australia. He
1170-509: The occupants of such a yard. The English word court is thus a descendant of the Latin word hortus from Ancient Greek χόρτος ( khórtos ) (meaning "garden", hence horticulture and orchard), both referring to an enclosed space. The meaning of a judicial assembly is first attested in the 12th century, and derives from the earlier usage to designate a sovereign and his entourage, which met to adjudicate disputes in such an enclosed yard. The verb "to court", meaning to win favor, derives from
1209-577: The post until 1881. Stanley was interested in astronomy and built an observatory at his home. It was equipped with a powerful telescope, housed under a retractable roof. He used this to observe the transit of Mercury , in November 1894. In August 1896, Stanley took up government employment again as an Inspector of Works. Stanley died of tuberculosis on Friday 28 May 1897, at his home Ardencraig in Church Street - later Jephson Street - in
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1248-752: The rules by which courts operate: civil procedure for private disputes (for example); and criminal procedure for violation of the criminal law. In recent years, international courts are being created to resolve matters not covered by the jurisdiction of national courts. For example, the International Criminal Court , based in The Hague , in the Netherlands, or the Court of Permanent Lok Adalat (Public Utility Services), based in India. Television show courts, which are often not part of
1287-473: The same source since people traveled to the sovereign's court to win his favor. The term the court is used to refer to the presiding officer or officials, usually one or more judges . The judge or panel of judges may also be collectively referred to as "the bench " (in contrast to attorneys and barristers , collectively referred to as "the bar "). In the United States, the legal authority of
1326-427: The western world are the civil law courts and the common law courts. A court is any person or institution , often as a government 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 . In both common law and civil law legal systems , courts are
1365-413: The western world are the civil law courts and the common law courts. These two great legal traditions are similar, in that they are products of western culture, although there are significant differences between the two traditions. Civil law courts are profoundly based upon Roman law , specifically a civil body of law entitled Corpus Juris Civilis . This theory of civil law was rediscovered around
1404-559: Was removed from the court by Queensland Governor on the request of the Parliament. This was the first time since federation that any state had used that method to remove a sitting judge from a Supreme Court. Vasta was found to be not "a fit and proper person to continue in office" after giving false evidence to an investigation related to the Fitzgerald Inquiry . In 2008, a $ 600 million building program began to create
1443-675: Was the Queensland Colonial Architect . Many of his designs are now heritage-listed buildings. Stanley was born in Edinburgh , Scotland, on 1 January 1839, the son of actor and painter Montague Talbot Stanley and his wife Mary Susan (née Eyre). Stanley studied and practised architecture in Edinburgh, prior to emigrating to Brisbane in 1861–62. There, he joined the Lands Department in 1863 and became
1482-404: Was the first Queensland-born Supreme Court Judge. As the population of Queensland has grown, additional courts have been built at locations such as Bundaberg , Mackay , Cairns , Longreach , Maryborough , Roma and Townsville . Although the Brisbane Supreme Court initially served the needs of the entire colony of Queensland , it did not occupy a purpose-built building until 1879. Until then,
1521-569: Was two storeys tall. These original plans featured stone floors and other sophisticated details. They were later modified for financial reasons and in 1875 John Petrie successfully tendered to construct the building. On 6 March 1879, the new Supreme Court opened. The entrance on the North Quay frontage had been designed as the main entrance but this was soon superseded by the George Street entrance. In 1880, iron gates were also added to
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