Court of Appeal of New South Wales

Court of Appeal of New South Wales is the highest court in the Australian state of New South Wales, with the exception of the High Court of Australia. The court was established in 1966, under the Court of Appeal Act 1972, and is composed of judges who have previously served on the Supreme Court of New South Wales. The court is located in Sydney, the largest city in New South Wales, and is presided over by the President of the Court of Appeal, currently Andrew Bell. The court has jurisdiction to hear appeals from the Supreme Court of New South Wales, the District Court of New South Wales, and other lower courts, including the Local Court of New South Wales and the Children's Court of New South Wales.

● History

The history of the court dates back to 1966, when it was established as part of a broader effort to reform the judiciary in New South Wales, led by Robert Askin, the Premier of New South Wales at the time. The court was created to provide a more efficient and effective means of hearing appeals, and to reduce the workload of the Supreme Court of New South Wales. The first judges to serve on the court included John Kerr, who later went on to become the Governor-General of Australia, and Lionel Murphy, who was appointed to the High Court of Australia in 1975. Other notable judges who have served on the court include Michael Kirby, who was appointed to the High Court of Australia in 1996, and James Spigelman, who served as the Chief Justice of New South Wales from 1998 to 2011.

● Structure

The court is composed of a President and several judges, who are appointed by the Governor of New South Wales on the advice of the Attorney-General of New South Wales. The court is divided into two divisions: the Civil Division and the Criminal Division. The Civil Division hears appeals in civil matters, including cases involving contract law, tort law, and property law, while the Criminal Division hears appeals in criminal matters, including cases involving murder, manslaughter, and drug trafficking. The court also has a Registrar, who is responsible for the administration of the court, and a number of judicial officers, including associate judges and judicial registrars.

● Jurisdiction

The court has jurisdiction to hear appeals from a range of courts, including the Supreme Court of New South Wales, the District Court of New South Wales, and the Local Court of New South Wales. The court also has jurisdiction to hear appeals from certain tribunals, including the New South Wales Civil and Administrative Tribunal and the Workers Compensation Commission of New South Wales. In addition, the court has jurisdiction to hear appeals from decisions made by the Governor of New South Wales and the Cabinet of New South Wales, including decisions relating to the prerogative of mercy and the granting of pardons. The court's jurisdiction is defined by the Court of Appeal Act 1972 and the Supreme Court Act 1970, and is subject to the Constitution of New South Wales and the Australian Constitution.

● Procedure

The procedure for hearing appeals in the court is governed by the Uniform Civil Procedure Rules 2005 and the Criminal Appeal Rules 2014. Appeals are typically heard by a panel of three judges, although in some cases, a single judge may hear an appeal. The court has the power to affirm, reverse, or vary the decision of the lower court, and may also make orders for costs and interest. The court's decisions are binding on lower courts, and may only be appealed to the High Court of Australia with special leave. The court also has the power to refer questions of law to the High Court of Australia for determination, under the Judiciary Act 1903.

● Notable Cases

The court has heard a number of notable cases over the years, including Ha v New South Wales and Kable v Director of Public Prosecutions (NSW), both of which were later appealed to the High Court of Australia. Other notable cases include R v Falconer, which involved a challenge to the constitutionality of the Mental Health Act 1990, and Attorney-General (NSW) v Quin, which involved a challenge to the validity of the Surveillance Devices Act 2004. The court has also heard cases involving high-profile individuals, including Alan Bond and Rene Rivkin, and has made important decisions on issues such as native title and environmental law.

● Current Judges

The current judges of the court include Andrew Bell, the President of the Court of Appeal, and Julie Ward, who has served on the court since 2012. Other current judges include Anthony Meagher, Fabian Gleeson, and Paul Brereton, who has also served as a judge advocate in the Australian Defence Force. The court also includes a number of acting judges, who are appointed to hear specific cases, including Reginald Barrett and Robert Hulme. The judges of the court are supported by a range of judicial officers, including associate judges and judicial registrars, and are advised by the New South Wales Bar Association and the Law Society of New South Wales.