Supreme Court of New South Wales - Structure and Jurisdiction

Structure and Jurisdiction

The court now operates under 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 47 judges, including the Chief Justice of New South Wales, the President of the Court of Appeal, nine Judges of Appeal, the Chief Judge in Equity and the Chief Judge in Common Law. Four Associate Judges deal with pre-trial motions and non-jury trials. The Chief Justice usually sits in the Court of Criminal Appeal while the President sits in the Court of Appeal.

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, 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 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 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 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 a number of occasions.