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President of the NSW Court of Appeal

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New South Wales Court of Appeal
Interactive map of New South Wales Court of Appeal
33°52′08″S 151°12′42″E / 33.868918°S 151.211628°E / -33.868918; 151.211628
Established1 January 1966 (1966-01-01)
Jurisdiction New South Wales
LocationSydney
Coordinates33°52′08″S 151°12′42″E / 33.868918°S 151.211628°E / -33.868918; 151.211628
Composition methodVice-regal appointment upon Premier's nomination, following advice of the Attorney General and Cabinet
Authorised byParliament of New South Wales via the:
Appeals toHigh Court of Australia
Appeals from
Judge term lengthMandatory retirement by age of 75
Websitesupremecourt.nsw.gov.au
Chief Justice of New South Wales
CurrentlyJustice Andrew Bell
Since7 March 2022 (2022-03-07)
President of the Court of Appeal
CurrentlyJustice Julie Ward
Since7 March 2022 (2022-03-07)

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.

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

The Court of Appeal was established in 1965, replacing the former appellate Full Court of the New South Wales Supreme Court,[2] and commenced operations 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 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, as of March 2024, consists of the Chief Justice of New South Wales, the President of the Court of Appeal, and the judges of appeal. Apart from the Chief Justice and the President of the Court, there are nine judges of appeal with current commissions.

Traditionally these judges of appeal include the head of the Supreme Court's Common Law Division and the head of its Equity Division, judges (sometimes style chief judges) who sit for the most part in those Divisions as 'primary' judges. The Chief Judge at Common Law is currently Ian Harrison, while the Chief Judge in Equity is currently David Hammerschlag.[3] The chief judges will on occasion sit as appeal judges from time to time.

The Governor can also appoint Acting Judges of Appeal. They have all rights and powers as a Judge of Appeal. There are presently two acting judges of appeal, John Griffiths and Derek Price. Each sit full-time in the Court of Appeal, although will hear primary cases in the Divisions as the need arises.[3]

NameTitleTerm beganTime in officeNotes
Andrew BellChief Justice7 March 20224 years, 118 days[4]
Julie WardPresident, Court of Appeal7 March 20224 years, 118 days[5]
Mark Leeming Judge of Appeal3 June 201313 years, 30 days [3]
Anthony Payne30 March 201610 years, 95 days
Anna Mitchelmore28 March 20224 years, 97 days
Jeremy Kirk 21 April 2022 4 years, 73 days
Christine Adamson 3 February 2023 3 years, 150 days
Kristina Stern 8 June 2023 3 years, 25 days
Richard McHugh 20 August 2024 1 year, 317 days
Michael Ball 4 November 2024 1 year, 241 days
Stephen Free 12 May 2025 1 year, 52 days
Ian HarrisonChief Judge at Common Law
9 November 20232 years, 236 days[6]
David HammerschlagChief Judge in Equity 17 March 20224 years, 108 days [7]
John Griffiths Acting Judge of Appeal 10 April 2022 4 years, 84 days
Derek PriceActing Judge of Appeal1 June 20242 years, 32 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 and the Chief Judge in Equity 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		 CommentsNotes
Sir Gordon Wallace1 January 196621 January 19704 years, 20 daysRetired
Sir Bernard Sugerman2 January 197030 September 19722 years, 252 daysRetired
Sir Kenneth Jacobs KBE1 October 19727 February 19741 year, 129 daysAppointed to the High Court
Athol Moffitt CMG8 February 197425 June 198410 years, 138 daysRetired
Michael Kirby AC CMG24 September 19846 February 199611 years, 135 daysAppointed to the High Court
Dennis Mahoney AO19 February 19963 February 1997350 daysRetired.
Keith Mason AC4 February 199730 May 200811 years, 183 daysRetired
James Allsop AO1 June 200828 February 20134 years, 272 daysAppointed Chief Justice of the Federal Court
Margaret Beazley AO1 March 201327 February 20195 years, 363 daysAppointed Governor of NSW
Andrew Bell28 February 20197 March 20223 years, 7 daysAppointed Chief Justice of New South Wales[8][4]
Julie Ward7 March 20224 years, 118 days[5]

See also

References

  1. "About the Supreme Court". Supreme Court of New South Wales. New South Wales Government. 20 May 2015. Retrieved 8 August 2016.
  2. Kirby, M (2008). "Judicial Supersession: The Controversial Establishment of the New South Wales Court of Appeal". Sydney Law Review (30). Camperdown: Sydney Law School: 177–208.
  3. "Judicial officer contacts". Supreme Court of New South Wales. Retrieved 9 January 2026.
  4. "New Chief Justice of NSW". NSW Department of Communities and Justice. Retrieved 28 February 2022.
  5. "New President of the Court of Appeal". NSW Department of Communities and Justice. Archived from the original on 10 March 2022. Retrieved 28 February 2022.
  6. "New Chief Judge at Common Law appointed to NSW Supreme Court". 9 November 2023. Archived from the original on 13 August 2021.
  7. Speakman, M Attorney-General (16 March 2022). "New appointmenbts to strengthen Supreme Court" (PDF). Retrieved 21 March 2022.
  8. Speakman, M (23 January 2019). "New President of the NSW Court of Appeal" (PDF). NSW Bar Association. Retrieved 23 January 2019.