The Supreme Court of New South Wales is the highest state

court A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, an ...

of the

Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...

State State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a ...

New South Wales New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South ...

. It has unlimited

jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...

within the state in civil matters, and hears the most serious

criminal In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definiti ...

matters. Whilst the Supreme Court is the highest New South Wales court in the

Australian court hierarchy The judiciary of Australia comprises judges who sit in federal courts and courts of the States and territories of Australia, States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as t ...

, an appeal by special leave can be made to the

High Court of Australia The High Court of Australia is the apex court of the Australian legal system. It exercises original and appellate jurisdiction on matters specified in the Constitution of Australia and supplementary legislation. The High Court was establi ...

. Matters of

appeal In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of cla ...

can be submitted to 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, 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 Sydney is the capital city of the States and territories of Australia, state of New South Wales and the List of cities in Australia by population, most populous city in Australia. Located on Australia's east coast, the metropolis surrounds Syd ...

, New South Wales.

History

Background

The first

superior court In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction (see small claims court), which is restricted to civil ...

of the

Colony of New South Wales The Colony of New South Wales was a colony of the British Empire from 1788 to 1901, when it became a State of the Commonwealth of Australia. At its greatest extent, the colony of New South Wales included the present-day Australian states of New ...

(known as the Supreme Court of Civil Judicature) was established by

letters patent Letters patent (plurale tantum, plural form for singular and plural) are a type of legal instrument in the form of a published written order issued by a monarch, President (government title), president or other head of state, generally granti ...

dated 2 April 1814, known as the ''Second Charter of Justice of New South Wales''. That

charter A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified. It is implicit that the granter retains superiority (or sovereignty), and that the ...

provided that there should be 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 Van Diemen's Land was the colonial name of the island of Tasmania during the European exploration of Australia, European exploration and colonisation of Australia in the 19th century. The Aboriginal Tasmanians, Aboriginal-inhabited island wa ...

(the former name for

Tasmania Tasmania (; palawa kani: ''Lutruwita'') is an island States and territories of Australia, state of Australia. It is located to the south of the Mainland Australia, Australian mainland, and is separated from it by the Bass Strait. The sta ...

). All three courts were concerned with civil matters only.

Establishment

Legislation to establish a new supreme court for both New South Wales and Van Diemen's Land was prepared in

London London is the Capital city, capital and List of urban areas in the United Kingdom, largest city of both England and the United Kingdom, with a population of in . London metropolitan area, Its wider metropolitan area is the largest in Wester ...

by James Stephen, counsel to the

Colonial Office The Colonial Office was a government department of the Kingdom of Great Britain and later of the United Kingdom, first created in 1768 from the Southern Department to deal with colonial affairs in North America (particularly the Thirteen Colo ...

, and

Francis Forbes Sir Francis William Forbes (1784 – 8 November 1841) was a Chief Justice of Newfoundland, and the first Chief Justice of New South Wales. Early life Forbes was born and educated in Bermuda, the son of Dr. Francis Forbes M.D. and his wife Mar ...

, Chief Justice of

Newfoundland Newfoundland and Labrador is the easternmost province of Canada, in the country's Atlantic region. The province comprises the island of Newfoundland and the continental region of Labrador, having a total size of . As of 2025 the population ...

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,

establishing 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 A prothonotary is the "principal clerk of a court," from Late Latin, L.L. ''prothonotarius'' (Wiktionary:circa, c. 400), from Greek ''protonotarios'' "first scribe," originally the chief of the college of recorders of the court of the Byzantine E ...

, a

master Master, master's or masters may refer to: Ranks or titles In education: *Master (college), head of a college *Master's degree, a postgraduate or sometimes undergraduate degree in the specified discipline *Schoolmaster or master, presiding office ...

, 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 A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland, the , which is common ...

; gave precedence to the Chief Justice over all other subjects except the

Governor A governor is an politician, administrative leader and head of a polity or Region#Political regions, political region, in some cases, such as governor-general, governors-general, as the head of a state's official representative. Depending on the ...

(or acting Governor) of the colony; and allowed the Court to admit persons to be

barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...

s, attorneys,

proctor Proctor (a variant of ''wikt:procurator, procurator'') is a person who takes charge of, or acts for, another. The title is used in England and some other English-speaking countries in three principal contexts: # In law, a proctor is a historica ...

s or

solicitor A solicitor is a lawyer who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to p ...

s as 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 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 was separated from New South Wales and became the Colony of Victoria. In September 1836, NSW Colonial Sec ...

of the Colony of New South Wales. The division existed until 1852, when it was replaced by the

Supreme Court of Victoria The Supreme Court of Victoria is the highest court in the Australian state of Victoria. Founded in 1852, it is a superior court of common law and equity, with unlimited and inherent jurisdiction within the state. The Supreme Court compri ...

following the creation of the

Colony of Victoria The Colony of Victoria was a historical administrative division in Australia that existed from 1851 until 1901, when it federated with other colonies to form the Commonwealth of Australia. Situated in the southeastern corner of the Australian ...

. Also in 1840, the

Parliament of New South Wales The Parliament of New South Wales, formally the Legislature of New South Wales, (definition of "The Legislature") is the bicameral legislative body of the Australian state of New South Wales (NSW). It consists of the Monarch, the New South Wa ...

established a separate equity division in the court. Limited

divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the M ...

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 Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

jurisdictions in the world to fuse 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 the history of the courts of England and Wales, the Judicature Acts were a series of acts of the Parliament of the United Kingdom, beginning in the 1870s, which aimed to fuse the hitherto split system of courts of England and Wales. The ...

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 Margaret Joan Beazley, , (born 23 July 1951) is an Australian Judge, jurist who is the 39th and current governor of New South Wales, serving since 2 May 2019. She was the president of the New South Wales Court of Appeal, the List of the first wo ...

and Virginia Bell made headlines in April 1999 when the three sat in the Court of Criminal Appeal in

. The Judges threw out an

from a convicted

computer hacker A hacker is a person skilled in information technology who achieves goals and solves problems by non-standard means. The term has become associated in popular culture with a security hackersomeone with knowledge of bug (computing), bugs or exp ...

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 England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It ...

New Zealand New Zealand () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and List of islands of New Zealand, over 600 smaller islands. It is the List of isla ...

at the time..

Structure and jurisdiction

The court now operates under the , the , and the , although provisions on the appointment and removal of judicial officers were incorporated into the state's

Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...

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 the

Court of Appeal An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...

, 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 Puisne (; from Old French ''puisné'', modern ''puîné'', "later born, younger" (and thence, "inferior") from late Latin ''post-'', "after", and ''natus'', "born") is a legal term of art used mainly in British English meaning "inferior in rank". ...

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 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 District courts are a category of courts which exists in several nations, some call them "small case court" usually as the lowest level of the hierarchy. These courts generally work under a higher court which exercises control over the lower co ...

and the Local Court and from single judges sitting in the Common Law or Equity Divisions. The Court of Appeal also hears appeals from the

Land and Environment Court of New South Wales The Land and Environment Court of New South Wales is a court within the Australian court hierarchy established pursuant to the to hearing (law), hear environmental, development, building and planning disputes. The Court's jurisdiction, confined ...

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

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 the High Court are not limited to matters in which a

federal question In United States law, federal question jurisdiction is a type of subject-matter jurisdiction that gives United States federal courts the power to hear civil cases where the plaintiff alleges a violation of the United States Constitution, federa ...

arises and the

empowers the

Federal Parliament The Parliament of Australia (officially the Parliament of the Commonwealth and also known as the Federal Parliament) is the federal legislature of Australia. It consists of three elements: the monarch of Australia (represented by the governor ...

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 a number of occasions.

Court buildings

The Supreme Court of New South Wales was proclaimed in Sydney on 17 May 1824.

Greenway Wing

The inaugural Supreme Court building that is located on the corner of King Street and Elizabeth Street in the

Sydney central business district The Sydney central business district (CBD) is the historical and main Central business district, commercial centre of Sydney. The CBD is Sydney's city centre, or Sydney City, and the two terms are used interchangeably. Colloquially, the CBD or ...

, 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 In architecture, a loggia ( , usually , ) is a covered exterior Long gallery, gallery or corridor, often on an upper level, sometimes on the ground level of a building. The corridor is open to the elements because its outer wall is only parti ...

and

cornice In architecture, a cornice (from the Italian ''cornice'' meaning "ledge") is generally any horizontal decorative Moulding (decorative), moulding that crowns a building or furniture element—for example, the cornice over a door or window, ar ...

added in 1868, was designed by

Francis Greenway Francis Greenway (20 November 1777 - September 1837) was an English-Australian convict and colonial architect. After being convicted of forgery in England and subsequently transported to New South Wales, Australia (known then as New Holland) ...

in 1819 under the direction of

Governor Macquarie Major General Lachlan Macquarie, CB (; ; 31 January 1762 – 1 July 1824) was a British Army officer and colonial administrator from Scotland. Macquarie served as the fifth Governor of New South Wales from 1810 to 1821, and had a leading role ...

. 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 James Johnstone Barnet, (1827 in Almericlose, Arbroath, Scotland – 16 December 1904 in Forest Lodge, Sydney, New South Wales) was the Colonial Architect for Colonial New South Wales, serving from 1862 to 1890. Early life Barnet was born ...

designed additions for the building including an arcaded loggia along the King Street

façade A façade or facade (; ) is generally the front part or exterior of a building. It is a loanword from the French language, French (), which means "frontage" or "face". In architecture, the façade of a building is often the most important asp ...

and the new classical cornice and

parapet A parapet is a barrier that is an upward extension of a wall at the edge of a roof, terrace, balcony, walkway or other structure. The word comes ultimately from the Italian ''parapetto'' (''parare'' 'to cover/defend' and ''petto'' 'chest/brea ...

for the roof, giving the structure a Victorian Italianate appearance. The building was added to the

New South Wales State Heritage Register The New South Wales State Heritage Register, also known as NSW State Heritage Register, is a heritage list of places in the state of New South Wales, Australia, that are protected by New South Wales legislation, generally covered by the Heritag ...

on 2 April 1999. Greenway was also responsible for designing the nearby Hyde Park Barracks, recorded on the

UNESCO The United Nations Educational, Scientific and Cultural Organization (UNESCO ) is a List of specialized agencies of the United Nations, specialized agency of the United Nations (UN) with the aim of promoting world peace and International secur ...

World Heritage List World Heritage Sites are landmarks and areas with legal protection under an international treaty administered by UNESCO for having cultural, historical, or scientific significance. The sites are judged to contain "cultural and natural heritag ...

, and St James' Church, listed on the New South Wales State Heritage Register.

Old Registry Wing

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 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.

Banco Court wing

Walter Liberty Vernon Colonel (Australia), Colonel Walter Liberty Vernon (11 August 184617 January 1914) was an English people, English architect who migrated to Australia and pursued his career as an architect in Sydney, New South Wales. In his role as the New Sou ...

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 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 Dublin is the capital and largest city of Republic of Ireland, Ireland. Situated on Dublin Bay at the mouth of the River Liffey, it is in the Provinces of Ireland, province of Leinster, and is bordered on the south by the Dublin Mountains, pa ...

. The court building is located in St James' Road, opposite the north-western edge of Hyde Park. Although in some sources it is referred to as "Banco Road Court", the origin of this alternative name is unknown - there is no Banco Road.

Law Courts Building

In 1976 the New South Wales Government completed construction of the Sydney Law Courts building, facing Queen's Square and bounded by

Phillip Street Phillip Street is a street in the central business district of Sydney in New South Wales, Australia. While the street runs from King Street in the south to Circular Quay in the north, the present street is effectively in two sections, separat ...

and Macquarie Street. The 27-storey building is owned by Law Courts Limited, a company whose shareholders comprise the

Government of Australia The Australian Government, also known as the Commonwealth Government or simply as the federal government, is the national Executive (government), executive government of Australia, a federalism, federal Parliamentary system, parliamentary con ...

and the

Government of New South Wales The Government of New South Wales, also known as the NSW Government, is the executive state government of New South Wales, Australia. The government comprises 11 portfolios, led by a ministerial department and supported by several agencies. Th ...

. The building houses the

(when it sits in Sydney), the

Federal Court of Australia The Federal Court of Australia is an Australian superior court which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indictable (mo ...

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 the

brutalist Brutalist architecture is an architectural style that emerged during the 1950s in the United Kingdom, among the reconstruction projects of the post-war era. Brutalist buildings are characterised by minimalist constructions that showcase the b ...

school of architecture. Refurbished in 2009 at a cost of 214 million, a range of sustainability measures were implemented to extend the life and amenity of the building.

Judges

The current judges serving on the Court , and the dates of their appointment, are listed below.

References

External links

* *
Constitution Act 1902 (NSW)
Part 9 The judiciary
Supreme Court Act 1970 (NSW)Civil Procedure Act 2005 (NSW)
*
Chief Justices of New South Wales – Law and History 2: LawlinkNSW

Brief Overview of the Jurisdiction of the Supreme Court of New South Wales
{{DEFAULTSORT:Supreme Court Of New South Wales 1823 establishments in Australia King Street, Sydney Courts and tribunals established in 1823