New South Wales Court of Appeal

New South Wales Court of Appeal
Established	1 January 1966 (1966-01-01)
Jurisdiction	New South Wales, Australia
Location	Sydney
Coordinates	33°52′08″S 151°12′42″E / 33.868918°S 151.211628°E / -33.868918; 151.211628Coordinates: 33°52′08″S 151°12′42″E / 33.868918°S 151.211628°E / -33.868918; 151.211628
Composition method	Vice-regal appointment upon Premier's nomination, following advice of the Attorney General and Cabinet
Authorized by	Parliament of New South Wales via the: Constitution Act 1902 (NSW) Supreme Court Act 1970 (NSW)
Decisions are appealed to	High Court of Australia
Decisions are heard for appeals from	Supreme Court of New South Wales Industrial Court of NSW Land and Environment Court of NSW District Court of NSW Dust Diseases Tribunal of NSW Workers Compensation Commission of NSW Government and Related Employees Appeal Tribunal of NSW
Judge term length	mandatory retirement by age of 72
Website	supremecourt.justice.nsw.gov.au
Chief Justice of New South Wales
Currently	Justice Tom Bathurst AC
Since	1 June 2011 (2011-06-01)
President of the Court of Appeal
Currently	Justice Margaret Beazley AO
Since	1 March 2013 (2013-03-01)

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.

Contents

• 
  1 Jurisdiction
  


• 
  2 History
  


• 
  3 Current Composition
  


• 
  4 Presidents of the Court of Appeal
  


• 
  5 See also
  


• 
  6 References
  


• 
  7 External links
  

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

Although the New South Wales Court of Appeal commenced operation 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 Court of Appeal was established in 1965, replacing the former appellate Full Court of the New South Wales Supreme Court.^[2] 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 consists of the Chief Justice of New South Wales, the President of the Court of Appeal and ten judges of appeal. There are ten judges of appeal with current commissions. However, two of them, Justice Hoeben and Justice Ward are not operating full-time as judges of appeal. Justice Hoeben is Chief Judge at Common Law,^[3] Justice Ward is Chief Judge in Equity.^[3] In addition there are three acting judges of appeal, Justices Sackville, Emmettt and Simpson, who do not sit full time.^[3]

Judges who may form a panel or hear sentence appeals from the Drug Court alone are listed below:

Name	Title	Term began	Time in office
Tom Bathurst AC	Chief Justice [4]	1 June 2011	7003271400000000000♠7 years, 157 days
Margaret Beazley AO	President, Court of Appeal [5]	2 January 2013	7003213300000000000♠5 years, 307 days
Clifton Hoeben AM, RFD	Judge of Appeal	23 April 2012	7003238700000000000♠6 years, 196 days
	Chief Judge at Common Law	21 February 2013	7003208300000000000♠5 years, 257 days
Julie Ward	Judge of Appeal	12 November 2012	7003218400000000000♠5 years, 358 days
	Chief Judge in Equity	15 March 2017	7002600000000000000♠1 year, 235 days
Ruth McColl AO	Judge of Appeal[3]	29 April 2003	7003566900000000000♠15 years, 190 days
John Basten		2 May 2005	7003493500000000000♠13 years, 187 days
Robert Macfarlan		8 September 2008	7003371000000000000♠10 years, 58 days
Anthony Meagher		10 August 2011	7003264400000000000♠7 years, 87 days
Fabian Gleeson		29 April 2013	7003201600000000000♠5 years, 190 days
Mark Leeming		3 June 2013	7003198100000000000♠5 years, 155 days
Anthony Payne		30 March 2016	7002950000000000000♠2 years, 220 days
Richard White		15 March 2017	7002600000000000000♠1 year, 235 days
Ronald Sackville	Acting Judge of Appeal
Arthur Emmett		7 March 2013	7003206900000000000♠5 years, 243 days
Carolyn Simpson		April 2018	7002218000000000000♠218 days

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, Justice Hoeben, and the Chief Judge in Equity, Justice Ward, 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	Comments
Sir Gordon Wallace	1 January 1966	21 January 1970	7003148100000000000♠4 years, 20 days	Retired
Sir Bernard Sugerman	2 January 1970	30 September 1972	7002982000000000000♠2 years, 252 days	Retired
Sir Kenneth Jacobs KBE	1 October 1972	7 February 1974	7002494000000000000♠1 year, 129 days	Appointed to the High Court
Athol Moffitt CMG	8 February 1974	25 June 1984	7003379000000000000♠10 years, 138 days	Retired
Michael Kirby AC CMG	24 September 1984	6 February 1996	7003415200000000000♠11 years, 135 days	Appointed to the High Court
Dennis Mahoney AO	19 February 1996	3 February 1997	7002350000000000000♠350 days	Retired.
Keith Mason AC	4 February 1997	30 May 2008	7003420000000000000♠11 years, 183 days	Retired
James Allsop AO	1 June 2008	28 February 2013	7003173300000000000♠4 years, 272 days	Appointed Chief Justice of the Federal Court
Margaret Beazley AO	1 March 2013		7003207500000000000♠5 years, 249 days

See also

• 
  New South Wales portal
  


• 
  Law portal
  

• List of New South Wales courts and tribunals

References

1. 
   ^ "About the Supreme Court". Supreme Court of New South Wales. New South Wales Government. 20 May 2015. Retrieved 8 August 2016..mw-parser-output cite.citation{font-style:inherit}.mw-parser-output q{quotes:"""""""'""'"}.mw-parser-output code.cs1-code{color:inherit;background:inherit;border:inherit;padding:inherit}.mw-parser-output .cs1-lock-free a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/6/65/Lock-green.svg/9px-Lock-green.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output .cs1-lock-limited a,.mw-parser-output .cs1-lock-registration a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/d/d6/Lock-gray-alt-2.svg/9px-Lock-gray-alt-2.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output .cs1-lock-subscription a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/a/aa/Lock-red-alt-2.svg/9px-Lock-red-alt-2.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output .cs1-subscription,.mw-parser-output .cs1-registration{color:#555}.mw-parser-output .cs1-subscription span,.mw-parser-output .cs1-registration span{border-bottom:1px dotted;cursor:help}.mw-parser-output .cs1-hidden-error{display:none;font-size:100%}.mw-parser-output .cs1-visible-error{font-size:100%}.mw-parser-output .cs1-subscription,.mw-parser-output .cs1-registration,.mw-parser-output .cs1-format{font-size:95%}.mw-parser-output .cs1-kern-left,.mw-parser-output .cs1-kern-wl-left{padding-left:0.2em}.mw-parser-output .cs1-kern-right,.mw-parser-output .cs1-kern-wl-right{padding-right:0.2em}
   


2. 
   ^ ^ab 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. 
   ^ ^abcd "Judicial officer contact details". Supreme Court of New South Wales. Retrieved 28 June 2017.
   


4. 
   ^ Patty, A (13 May 2011). "Tom Bathurst appointed NSW Chief Justice". The Sydney Morning Herald.
   


5. 
   ^ Alexander, H (20 December 2012). "First female head to run appeal court". The Sydney Morning Herald. Retrieved 8 August 2016.
   

External links

• Supreme Court website


• 
  Court of Appeal Judgments (Caselaw NSW)


• 
  Supreme Court Act 1970 (NSW)

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