53-692: The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales . It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. Whilst the Supreme Court is the highest New South Wales court in the Australian court hierarchy , an appeal by special leave can be made to the High Court of Australia . Matters of appeal can be submitted to
106-485: 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
159-518: 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
212-423: 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
265-575: A master , and a Keeper of Records and such other Officers as may be necessary for the administration of Justice in the colony. The charter also established the office of sheriff ; gave precedence to the Chief Justice over all other subjects except the Governor (or acting Governor) of the colony; and allowed the Court to admit persons to be barristers , attorneys , proctors or solicitors as
318-635: A Supreme Court constituted by a Judge appointed by the King's commission and two Magistrates. The charter also created the Governor's Court and the Lieutenant-Governor's Court. The jurisdiction of the Governor's Court and the Supreme Court extended to Van Diemen's Land (the former name for Tasmania ). All three courts were concerned with civil matters only. Legislation to establish a new supreme court for both New South Wales and Van Diemen's Land
371-488: 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
424-400: 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
477-430: 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
530-548: A number of occasions. The Supreme Court of New South Wales was proclaimed in Sydney on 17 May 1824. The inaugural Supreme Court building that is located on the corner of King Street and Elizabeth Street in the Sydney central business district , adjacent to what is now known as Queen's Square , was built between 1820 and 1828. The two-storey rectangular Georgian building, with an additional loggia and cornice added in 1868,
583-774: Is divided between the Common Law Division, which hears civil, criminal and administrative law matters, and the Equity Division, which hears equity, probate, commercial, admiralty, and protective matters. The court includes the Court of Appeal and the Court of Criminal Appeal which hear appeals from the District Court and the Local Court and from single judges sitting in the Common Law or Equity Divisions. The Court of Appeal also hears appeals from
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#1732773105075636-530: 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
689-574: Is referred to as "Banco Road Court", the origin of this alternative name is unknown - there is no Banco Road. In 1976 the New South Wales Government completed construction of the Sydney Law Courts building, facing Queen's Square and bounded by Phillip Street and Macquarie Street . The 27-storey 33,000-square-metre (360,000 sq ft) building is owned by Law Courts Limited, a company whose shareholders comprise
742-668: The Supreme Court Act 1970 (NSW), and the Civil Procedure Act 2005 (NSW), although provisions on the appointment and removal of judicial officers were incorporated into the state's Constitution in 1992. The court consists of 52 permanent judges, three Acting Judges of Appeal, two Acting Judges, and an Associate Judge. Permanent judges include the Chief Justice of New South Wales , the President of
795-736: The Court of Appeal , eleven Judges of Appeal (one of whom is currently the Chief Judge at Common Law), the Chief Judge at Common Law and the Chief Judge in Equity, and 38 Puisne Judges. The Chief Judge in each trial division also sits in the Court of Appeal from time to time. Occasionally, puisne judges also sit in the Court of Appeal, though this is uncommon. The court hears very serious cases such as murder and treason, civil cases involving more than $ 750 000, and civil matters such as wills, injunctions, and admiralty. The court's work at first instance
848-644: The Government of Australia and the Government of New South Wales . The building houses the High Court of Australia (when it sits in Sydney), the Federal Court of Australia and the NSW Supreme Court. The building was designed by architects McConnel Smith and Johnson and received an RAIA Merit Award in 1977 and stands as a strong, singular statement representative of its time and a product of
901-515: The Land and Environment Court of New South Wales and a number of administrative tribunals. The Court of Appeal and the Court of Criminal Appeal are respectively the highest civil and criminal courts in the state. To appeal to the High Court of Australia from the Court of Appeal or the Court of Criminal Appeal, special leave must be granted by the High Court. Appeals from state supreme courts to
954-487: The New South Wales Court of Appeal and Court of Criminal Appeal , both of which are constituted by members of the Supreme Court, in the case of the Court of Appeal from those who have been commissioned as judges of appeal. The Supreme Court consists of 52 permanent judges, including the Chief Justice of New South Wales , presently Andrew Bell , the President of the Court of Appeal , 10 Judges of Appeal,
1007-573: The Supreme Court of Victoria following the creation of the Colony of Victoria . Also in 1840, the Parliament of New South Wales established a separate equity division in the court. Limited jurisdiction in divorce cases was granted in 1873 and full Admiralty jurisdiction was added in 1911. The Supreme Court, in 1972, was one of the last Common Law jurisdictions in the world to fuse
1060-684: The Town of Melbourne would have 1 representative in the soon-to-be formed NSW Parliament , while the remainder of the District of Port Phillip would have 5. The polling places were to be in Melbourne, Geelong and Portland. On 28 February 1843, Governor Gipps proclaimed that the "Southern or Port Phillip District" for land disposal would now be defined as being the Counties of Bourke (Melbourne), Grant (Geelong) and Normanby (Portland). These were
1113-508: 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
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#17327731050751166-415: The brutalist school of architecture. Refurbished in 2009 at a cost of A$ 214 million, a range of sustainability measures were implemented to extend the life and amenity of the building. The current judges serving on the Court as of April 2020, and the dates of their appointment, are listed below. Court A court is any person or institution , often as a government institution, with
1219-692: 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
1272-537: The "Port Phillip District" as "The whole of the Lands comprised in the District lying to the south of the main range, between the Rivers Ovens and Goulburn, and adjacent to Port Phillip." In July that year, Colonial Secretary E Deas Thomson announced that Charles La Trobe was the District's "Superintendent", (which was later said by Governor Gipps "to have the powers of a Lieutenant Governor" ). On 10 September,
1325-637: The Chief Judge at Common Law, and the Chief Judge in Equity. The Supreme Court's central location is the Law Courts Building in Queen's Square , Sydney , New South Wales. The first superior court of the Colony of New South Wales (known as the Supreme Court of Civil Judicature ) was established by letters patent dated 2 April 1814, known as the Second Charter of Justice of New South Wales . That charter provided that there should be
1378-567: The District was announced in a government notice to be "all that part of the Territory of New South Wales which is bounded on the north by the thirty-sixth degree of south latitude; on the east by the one hundred and forty-sixth degree of east longitude, measuring from the meridian of Greenwich; on the south by the waters of Bass's Straits and the Pacific Ocean, and on the west by the one hundred and forty-first degree of east longitude, from
1431-549: The High Court are not limited to matters in which a federal question arises and the Constitution empowers the Federal Parliament to make laws vesting state courts with federal jurisdiction. The High Court of Australia can review decisions of the Supreme Court of New South Wales in relation to the common law and equitable jurisdictions of the court as well. The High Court of Australia has exercised this power on
1484-495: 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
1537-444: 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
1590-718: The New South Wales State Heritage Register on 2 April 1999, the site is now known as the Old Registry Building. Barnet extended the Old Registry building in 1875 and 1886. Designed by Walter Liberty Vernon and built between 1895 and 1896 in the Federation Free Classical style, the two-storey rich red brick Banco Court building was the third location of the Supreme Court. The Banco Wing is located to
1643-579: The New South Wales State Heritage Register. The second structure to house the Court is located immediately the southwest of the Greenway Wing on the corner of Elizabeth Street and St James Road. Designed by Government Architect Alexander Dawson , it is one of only two Government buildings which were designed in the Victorian Free Gothic style, the other being the nearby Land Titles Office . Built between 1859 and 1862 and listed on
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1696-607: The New South Wales Supreme Court were sealed on 13 October 1823, and proclaimed in Sydney on 17 May 1824. They are known as the Third Charter of Justice of New South Wales. This charter provided that there should be a Chief Justice for the colony of New South Wales in the Island of New Holland (as the continent of Australia was then known), as well as other judges, a registrar , a prothonotary ,
1749-664: The administration of Equity and Common Law, although these continue as the historic names for the two divisions of the court. This process began in the United Kingdom with the passage of the Judicature Acts in 1873. Since 1930, three generations of the Street family have served New South Wales as Chief Justice. Supreme Court Judges Carolyn Simpson , Margaret Beazley and Virginia Bell made headlines in April 1999 when
1802-686: 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
1855-672: The building including an arcaded loggia along the King Street façade and the new classical cornice and parapet for the roof, giving the structure a Victorian Italianate appearance. The building was added to the New South Wales State Heritage Register on 2 April 1999. Greenway was also responsible for designing the nearby Hyde Park Barracks , recorded on the UNESCO World Heritage List , and St James' Church , listed on
1908-529: The case may be. Previously, a person had to be admitted as such in the United Kingdom. However, ex-convicts were not permitted to be admitted. In 1840, a Port Phillip division of the Court was created, consisting of a single Resident Judge, to exercise the court's jurisdiction in the Port Phillip District of the Colony of New South Wales. The division existed until 1852, when it was replaced by
1961-447: 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
2014-519: The east of the Old Registry building on St James Road and south of the Greenway Wing and makes little reference to the earlier buildings in either style or detailing. The interior of the courtroom has aesthetic significance and is said to be modelled on St Stephen's Court in Dublin . The court building is located in St James' Road, opposite the north-western edge of Hyde Park . Although in some sources it
2067-592: 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
2120-445: 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: Port Phillip District The Port Phillip District was an administrative division of the Colony of New South Wales from 9 September 1836 until 1 July 1851, when it
2173-703: The mouth of the Moruya River . In February 1841, it was announced that this did not change the boundaries of La Trobe's jurisdiction. After extensive opposition in Sydney , including from the Legislative Council , thoughts about the bounds of the district that should be administered from Melbourne were retracted south to follow the Murray River alone. On 30 July 1842, "An Act for the Government of New South Wales and Van Diemen's Land"
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2226-509: 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
2279-546: The places within La Trobe's territory adjacent to the existing European settlement, and the location of any Crown Land to be sold. On 1 July 1843, Governor Gipps proclaimed that La Trobe's jurisdiction was now the same as the newly formed electorate. On 1 July 1851, the District was separated from New South Wales under provisions of the Australian Colonies Government Act 1850 , and became
2332-752: 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
2385-583: The said meridian of Greenwich." ( 141°E was the border with South Australia.) Between August 1840 and August 1841, the Port Phillip District Special Surveys occurred, granting large parcels of land. In December 1840, for the purposes of government land sales, the northern border of the "Southern or Port Phillip District" was defined to follow the course of the Murray and Murrumbidgee Rivers, and from its source to
2438-473: 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
2491-622: The three sat in the Court of Criminal Appeal in Sydney . The Judges threw out an appeal from a convicted computer hacker who had, out of "sheer maliciousness", been posting offensive messages on Ausnet's homepage. According to the Women Lawyers Association of NSW, there had never been an all-female bench in England or New Zealand at the time. The court now operates under the Constitution Act 1902 (NSW),
2544-427: 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
2597-413: 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
2650-433: Was designed by Francis Greenway in 1819 under the direction of Governor Macquarie . This building is now called the Greenway Wing. Greenway was dismissed before the building was completed and its design was so modified by his successor, Standish Lawrence Harris , that the building barely resembles his original design. The building was occupied by the Supreme Court from 1827. In the 1860s James Barnet designed additions for
2703-632: Was passed, which defined electorates within those colonies. It included "that for the purposes of this Act the boundary of the District of Port Phillip on the North and North-east shall be a straight line drawn from Cape Howe to the nearest source of the River Murray, and thence the course of that River to the Eastern boundary of the Province of South Australia." In January 1843, it was announced that
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#17327731050752756-493: Was prepared in London by James Stephen , counsel to the Colonial Office , and Francis Forbes , Chief Justice of Newfoundland and Chief Justice-designate of New South Wales. The act was called an "Act to provide for the better administration of justice in New South Wales and Van Diemen's Land and for the more effectual government thereof" and is numbered as 4 Geo. 4 . c. 96. The statute was passed on 19 July 1823. In consequence of this legislation, letters patent establishing
2809-434: Was separated from New South Wales and became the Colony of Victoria . In September 1836, NSW Colonial Secretary Alexander Macleay declared Captain William Lonsdale the "Police Magistrate" of "the location of Settlers on the vacant Crown Lands adjacent to the shores of Port Phillip." This position was someone "of which all persons concerned are hereby required to take notice." In May 1839, Governor George Gipps defined
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