New South Wales Court of Appeal
|New South Wales Court of Appeal|
|Established||1 January 1966|
|Jurisdiction||New South Wales, Australia|
|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:|
|Appeals to||High Court of Australia|
|Judge term length||Mandatory retirement by age of 72|
|Chief Justice of New South Wales|
|Currently||Justice Tom Bathurst|
|Since||1 June 2011|
|President of the Court of Appeal|
|Currently||Justice Andrew Bell SC|
|Since||28 February 2019|
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. 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.
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. 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.
The Court of Appeal, as of February 2020[update], consists of the Chief Justice of New South Wales, the President of the Court of Appeal and ten judges of appeal. There are eleven 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, Justice Ward is Chief Judge in Equity. In addition there are three acting judges of appeal, Justices Barrett, Emmett and Simpson, who do not sit full time.
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||Chief Justice ||1 June 2011||9 years, 37 days|
|Andrew Bell||President, Court of Appeal ||28 February 2019||1 year, 131 days|
|Clifton Hoeben||Judge of Appeal||23 April 2012||8 years, 76 days|
|Chief Judge at Common Law||21 February 2013||7 years, 138 days|
|Julie Ward||Judge of Appeal||12 November 2012||7 years, 239 days|
|Chief Judge in Equity||15 March 2017||3 years, 115 days|
|John Basten||Judge of Appeal||2 May 2005||15 years, 67 days|
|Robert Macfarlan||8 September 2008||11 years, 304 days|
|Anthony Meagher||10 August 2011||8 years, 333 days|
|Fabian Gleeson||29 April 2013||7 years, 70 days|
|Mark Leeming||3 June 2013||7 years, 35 days|
|Anthony Payne||30 March 2016||4 years, 100 days|
|Richard White||15 March 2017||3 years, 115 days|
|Paul Brereton||22 August 2018||15 years, 67 days|
|Lucy McCallum||30 January 2019||1 year, 160 days|
|Reginald Barrett||Acting Judge of Appeal||16 March 2016||4 years, 114 days|
|Arthur Emmett||7 March 2013||7 years, 123 days|
|Carolyn Simpson||30 March 2018||2 years, 100 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 AppealEdit
|Sir Gordon Wallace||1 January 1966||21 January 1970||4 years, 20 days||Retired|
|Sir Bernard Sugerman||2 January 1970||30 September 1972||2 years, 252 days||Retired|
|Sir Kenneth Jacobs||1 October 1972||7 February 1974||1 year, 129 days||Appointed to the High Court|
|Athol Moffitt||8 February 1974||25 June 1984||10 years, 138 days||Retired|
|Michael Kirby||24 September 1984||6 February 1996||11 years, 135 days||Appointed to the High Court|
|Dennis Mahoney||19 February 1996||3 February 1997||350 days||Retired.|
|Keith Mason||4 February 1997||30 May 2008||11 years, 183 days||Retired|
|James Allsop||1 June 2008||28 February 2013||4 years, 272 days||Appointed Chief Justice of the Federal Court|
|Margaret Beazley||1 March 2013||27 February 2019||5 years, 363 days||Appointed Governor of NSW|
|Andrew Bell ||28 February 2019||1 year, 131 days|
- "About the Supreme Court". Supreme Court of New South Wales. New South Wales Government. 20 May 2015. Retrieved 8 August 2016.
- 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.
- "Judicial officer contact details". Supreme Court of New South Wales. Retrieved 28 February 2020.
- Patty, A (13 May 2011). "Tom Bathurst appointed NSW Chief Justice". The Sydney Morning Herald.
- NSW Department of Justice (23 January 2019). "New President of the NSW Court of Appeal". Justice NSW. Retrieved 18 March 2019.
- Speakman, M (23 January 2019). "New President of the NSW Court of Appeal" (PDF). NSW Bar Association. Retrieved 23 January 2019.