Supreme Court of New South Wales

Supreme Court of New South Wales
Coat of Arms of New South Wales
The Law Courts Building in Queen's Square, Sydney
Interactive map of Supreme Court of New South Wales
33°52′08″S 151°12′42″E / 33.868918°S 151.211628°E / -33.868918; 151.211628
Established1823
Jurisdiction New South Wales
LocationSydney
Coordinates33°52′08″S 151°12′42″E / 33.868918°S 151.211628°E / -33.868918; 151.211628
Composition methodAppointment by the Governor on the advice of the Premier (following consultation with the attorney general and Cabinet)
Authorised byParliament of New South Wales via the:
Appeals to
Appeals fromDistrict Court of New South Wales
Local Court of New South Wales
Judge term lengthMandatory retirement by age of 72
Number of positions52
Websitesupremecourt.nsw.gov.au
Chief Justice of New South Wales
CurrentlyJustice Andrew Bell
Since7 March 2022 (2022-03-07)
Chief Judge at Common Law
CurrentlyIan Harrison
Since9 November 2023 (2023-11-09)
Chief Judge in Equity
CurrentlyDavid Hammerschlag
Since15 March 2017 (2017-03-15)

The Supreme Court of New South Wales is the highest state court of the Australian state of New South Wales. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. Whilst the Supreme Court is the highest New South Wales court in the Australian court hierarchy, an appeal by special leave can be made to the High Court of Australia.

Matters of appeal 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.

History

Background

The first superior court of the Colony of New South Wales (known as the Supreme Court of Civil Judicature) was established by letters patent dated 2 April 1814, known as the Second Charter of Justice of New South Wales. That charter 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 (the former name for Tasmania). All three courts were concerned with civil matters only.[1][2]

Establishment

Legislation to establish a new supreme court for both New South Wales and Van Diemen's Land was prepared in London by James Stephen, counsel to the Colonial Office, and Francis Forbes, Chief Justice of Newfoundland 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.[3]

In consequence of this legislation, letters patent 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 master, 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; gave precedence to the Chief Justice over all other subjects except the Governor (or acting Governor) of the colony; and allowed the Court to admit persons to be barristers, attorneys, proctors or solicitors 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 of the Colony of New South Wales.[4] The division existed until 1852, when it was replaced by the Supreme Court of Victoria following the creation of the Colony of Victoria.[5]

Also in 1840, the Parliament of New South Wales established a separate equity division in the court. Limited jurisdiction in divorce 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 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 1873. Since 1930, three generations of the Street family have served New South Wales as Chief Justice.

Supreme Court Judges Carolyn Simpson, Margaret Beazley and Virginia Bell made headlines in April 1999 when the three sat in the Court of Criminal Appeal in Sydney.[6] The Judges threw out an appeal from a convicted computer hacker 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 or New Zealand at the time.[7]

Structure and jurisdiction

The court now operates under the Constitution Act 1902 (NSW), 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 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, 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 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 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.

Court buildings

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

Greenway Wing

Main article: Greenway Wing (Supreme Court of New South Wales)

The inaugural Supreme Court building that is located on the corner of King Street and Elizabeth Street in the Sydney central business district, 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 and cornice added in 1868, was designed by Francis Greenway in 1819 under the direction of Governor Macquarie. 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 designed additions for the building including an arcaded loggia along the King Street façade and the new classical cornice and parapet for the roof, giving the structure a Victorian Italianate appearance. The building was added to the New South Wales State Heritage Register on 2 April 1999.[8][9]

Greenway was also responsible for designing the nearby Hyde Park Barracks, recorded on the UNESCO World Heritage List, and St James' Church, listed on the New South Wales State Heritage Register.[10][11][12]

Old Registry Wing

Main article: Old Registry Wing (Supreme Court of New South Wales)

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.[13]

Banco Court wing

Main article: Banco Court (Supreme Court of New South Wales)

Designed by Walter Liberty Vernon 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. 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

Main article: Law Courts Building, Sydney

In 1976 the New South Wales Government completed construction of the Sydney Law Courts building, facing Queen's Square and bounded by Phillip and Macquarie streets. The 27-storey 33,000-square-metre (360,000 sq ft) building is owned by Law Courts Limited, a company whose shareholders comprise the Government of Australia and the Government of New South Wales. The building houses the High Court of Australia (when it sits in Sydney), the Federal Court of Australia 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 school of architecture. Refurbished in 2009 at a cost of A$214 million, a range of sustainability measures were implemented to extend the life and amenity of the building.[14]

Judges

For a more comprehensive list, see List of Judges of the Supreme Court of New South Wales.

The current judges serving on the Court as of December 2025,[15] and the dates of their appointment, are listed below.

Name Position Appointment
commenced 		Appointment
ended 		Term in office Comments Notes
Andrew Bell Chief Justice 5 March 2022 3 years, 294 days President of the Court of Appeal (2019–2022) [16]
Julie Ward President of the Court of Appeal 5 March 2022 3 years, 294 days Chief Judge in Equity (2017–2022) [17]
Mark Leeming Judge of Appeal 3 June 2013 12 years, 204 days [18]
Anthony Payne 30 March 2016 9 years, 269 days
Anna Mitchelmore 28 March 2022 3 years, 271 days [19]
Jeremy Kirk 21 April 2022 3 years, 247 days [20]
Christine Adamson Judge of Appeal 3 February 2023 2 years, 324 days [21]
Judge 17 October 2011 14 years, 68 days [22]
Kristina Stern Judge of Appeal 8 June 2023 2 years, 199 days [23]
Richard McHugh 20 August 2024 1 year, 126 days [24]
Michael Ball Judge of Appeal 4 November 2025 1 year, 50 days [25]
Judge 13 April 2010 15 years, 255 days [26]
Stephen Free Judge of Appeal 12 May 2025 226 days [27]
Ian Harrison Chief Judge at Common Law
Judge of Appeal		 9 November 2023 2 years, 45 days
Judge 12 February 2007 18 years, 315 days [28]
David Hammerschlag Chief Judge in Equity 17 March 2022 3 years, 282 days [29]
Judge 30 January 2007 18 years, 328 days [30]
John Griffiths Acting Judge of Appeal 10 April 2022 3 years, 258 days Previously Federal Court Judge (2012-2022)
Derek Price AM Judge 28 August 2006 26 April 2024 17 years, 242 days Chief Judge of the District Court (2014–2024) [31]
Acting Judge of Appeal 1 June 2024 1 year, 206 days
Michael Walton Judge 8 December 2016 27 years, 6 days Former Vice President & President of the Industrial Court of NSW
(December 1998 - December 2016)		 [32][33]
Stephen Rothman AM 3 May 2005 20 years, 235 days
Michael Slattery AM 25 May 2009 16 years, 213 days Judge Advocate General (Australia) [34]
Peter Garling RFD 7 June 2010 15 years, 200 days [35]
Ashley Black 4 July 2011 14 years, 173 days [36]
Stephen Campbell 2 May 2012 13 years, 236 days [37]
Geoff Lindsay AM 6 August 2012 13 years, 140 days [38]
François Kunc 8 April 2013 12 years, 260 days [39]
Robertson Wright 25 October 2013 12 years, 60 days [40]
Peter Hamill 29 April 2014 11 years, 239 days [41]
Des Fagan 11 June 2015 10 years, 196 days [42]
Natalie Adams 5 April 2016 9 years, 263 days
Julia Lonergan 21 March 2017 8 years, 278 days [43]
Guy Parker 6 April 2017 8 years, 262 days [44]
Kelly Rees 5 September 2018 7 years, 110 days [45]
Lea Armstrong 31 October 2018 7 years, 54 days Formerly the NSW Crown Solicitor, Appointed as President of the NSW Civil and Administrative Tribunal [46]
Mark Ierace 31 January 2019 6 years, 327 days [47]
Richard Cavanagh 16 September 2019 6 years, 99 days [48]
Kate Williams 15 April 2020 5 years, 253 days [49]
Hament Dhanji 20 September 2021 4 years, 95 days [50]
Elisabeth Peden 6 April 2022 3 years, 262 days [51]
Mark Richmond 19 April 2022 3 years, 249 days [52]
Michael Meek 5 May 2022 3 years, 233 days [53]
Dina Yehia 4 July 2022 3 years, 173 days [54]
Nicholas Chen 11 July 2022 3 years, 166 days [55]
Sarah McNaughton 11 October 2022 3 years, 74 days [56]
Richard Weinstein 1 February 2023 2 years, 326 days [21]
Deborah Sweeney 8 February 2023 2 years, 319 days [21]
Scott Nixon 8 August 2023 2 years, 138 days [57]
Anthony McGrath 15 August 2023 2 years, 131 days [57]
Sarah Huggett 12 December 2023 2 years, 12 days Chief Judge of the District Court (2024–) [58]
Ian Pike 30 January 2024 1 year, 328 days [59]
James Hmelnitsky 1 February 2024 1 year, 326 days [59]
Tim Faulkner 23 May 2024 1 year, 215 days [60]
Belinda Rigg 24 July 2024 1 year, 153 days [61]
Andrew Coleman 1 October 2024 1 year, 84 days [62]
Peter Brereton 6 February 2025 321 days [63]
Hayley Bennett 1 July 2025 176 days [64]
Paul McGuire 8 July 2025 169 days [64]
Edward Muston 2 December 2025 22 days [65]
James Emmett 4 December 2025 20 days [65]
Monika Schmidt Acting Judge 3 February 2020 5 years, 324 days [66][48]
Judge 27 July 2009 11 September 2019 10 years, 46 days Judge of the Industrial Court of NSW (1993–2009)
Michael Elkaim Acting Judge 30 January 2023 2 years, 328 days Former ACT Supreme Court Judge (2016-2022)
Robert Hulme Acting Judge 5 June 2024 1 year, 202 days [67]
Judge 2 March 2009 16 September 2022 13 years, 198 days
Joanne Harrison Associate Judge 1997 27–28 years

See also

References

  1. ^ "Second Charter of Justice" (PDF). Transcribed from Historical Records of Australia. Founding Documents. 2 April 1814. Retrieved 22 October 2018.
  2. ^ "Supreme Court of New South Wales". www.records.nsw.gov.au. 19 January 2019. Retrieved 30 January 2019.
  3. ^ "Third Charter of Justice". Historical Records of Australia. 13 October 1823. Archived from the original on 3 April 2007. Retrieved 8 March 2012.
  4. ^ Bennett, J. M. (1974). A History of the Supreme Court of New South Wales. Sydney: The Law Book Co. ISBN 0-455-19240-5.
  5. ^ Bennett, J. M. (2001). Sir William a'Beckett: First Chief Justice of Victoria 1852-1857. Leichhardt, New South Wales: The Federation Press. ISBN 1-86287-409-3.
  6. ^ Graham, Sally (26 May 2000). "Setting the Benchmark". Alumni news. Charles Sturt University. Archived from the original on 19 July 2005. Retrieved 10 February 2008.
  7. ^ "Media Watch" (PDF). Gazette. Sydney, NSW: The University of Sydney. 1999. p. 14. Archived from the original (PDF) on 28 February 2008. Retrieved 10 February 2008..
  8. ^ "Sydney Supreme Court House (Old Court House)". New South Wales State Heritage Register. Department of Planning & Environment. H00800. Retrieved 2 June 2018. Text is licensed by State of New South Wales (Department of Planning and Environment) under CC BY 4.0 licence.
  9. ^ "Sydney Supreme Courthouse (Old Supreme Court)". New South Wales Heritage Database. Office of Environment & Heritage. Retrieved 27 August 2018.
  10. ^ "UNESCO World Heritage Centre – World Heritage Committee inscribes seven cultural sites on World Heritage List". UNESCO World Heritage Centre website. United Nations. 31 July 2010. Retrieved 25 October 2017.
  11. ^ "Hyde Park Barracks". New South Wales State Heritage Register. Department of Planning & Environment. H00190. Retrieved 25 October 2017. Text is licensed by State of New South Wales (Department of Planning and Environment) under CC BY 4.0 licence.
  12. ^ "St. James' Anglican Church". New South Wales State Heritage Register. Department of Planning & Environment. H01703. Retrieved 17 November 2013. Text is licensed by State of New South Wales (Department of Planning and Environment) under CC BY 4.0 licence.
  13. ^ "Old Registry Office, Sydney Supreme Court House". New South Wales State Heritage Register. Department of Planning & Environment. H00801. Retrieved 27 August 2018. Text is licensed by State of New South Wales (Department of Planning and Environment) under CC BY 4.0 licence.
  14. ^ Pearse , Stephen (30 July 2009). "Refit does justice to law courts". FM Magazine. Niche Media. Retrieved 27 August 2018.
  15. ^ "Judicial officer contacts". Supreme Court of New South Wales. Retrieved 18 December 2025.
  16. ^ "New Chief Justice of NSW". NSW Department of Communities and Justice. Retrieved 28 February 2022.
  17. ^ "New President of the Court of Appeal". NSW Department of Communities and Justice. Retrieved 28 February 2022.
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  19. ^ Tang, Kevin (2022). "Anna Mitchelmore SC". The Journal of the NSW Bar Association Bar News. Retrieved 18 December 2025.
  20. ^ Tang, Kevin (2022). "Jeremy Kirk SC". The Journal of the NSW Bar Association Bar News.
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  25. ^ Daley, M Attorney-General (30 October 2024). "Justice Michael Ball appointed to Court of Appeal". Retrieved 18 December 2025.
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  27. ^ "Chief Justice Andrew Bell welcomes the appointment of ANU Law School Alumnus Stephen Free SC to the New South Wales Court of Appeal". ANU Law School. 12 April 2025. Retrieved 18 December 2025.
  28. ^ Harrison, Justice I. (2007). "Swearing in Ceremony of the Honourable Ian Gordon Harrison". New South Wales Judicial Scholarship. [2007] NSW Judicial Scholarship 3.
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  33. ^ Justice Walton's service as an IRC judicial member counts towards his service as a Judge of the Supreme Court pursuant to Part 18 of Schedule 4 to the Industrial Relations Act 1996 as inserted by the Industrial Relations Amendment (Industrial Court) Act 2016 (NSW)
  34. ^ Slattery, Justice M. (2009). "Swearing-In Ceremony of the Honourable Michael Slattery QC". New South Wales Judicial Scholarship. [2009] NSW Judicial Scholarship 9.
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  46. ^ "Law Society congratulates Lea Armstrong". www.lawsociety.com.au. Retrieved 22 February 2019.
  47. ^ Speakman, M Attorney-General (21 December 2018). "Senior Public Defender joins the judiciary". Retrieved 28 January 2019.
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  49. ^ Speakman, M Attorney-General (1 April 2020). "Top female silk joins Supreme Court bench" (PDF). Retrieved 11 June 2020.
  50. ^ "Sydney silk to become Supreme Court judge". NSW Department of Communities and Justice. 8 September 2021. Retrieved 7 March 2022.
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  60. ^ Hoerr, Karl (2 May 2024). "Insurance specialist Tim Faulkner SC appointed to Supreme Court bench". Law Society Journal. Retrieved 18 December 2025.
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  62. ^ Daley, M Attorney-General (11 September 2024). "Judge Andrew Coleman SC appointed to Supreme Court". Retrieved 18 December 2025.
  63. ^ Daley, M Attorney-General (20 November 2024). "Peter Brereton SC to join NSW Supreme Court bench". Retrieved 18 December 2025.
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  66. ^ Hatzistergos, J (2 July 2009). "Media Release: IR Judge appointed to NSW Supreme Court" (PDF).
  67. ^ Hulme, Justice RA (2009). "Swearing-In Ceremony of the Honourable Robert Hulme". New South Wales Judicial Scholarship. [2009] NSW Judicial Scholarship 5.
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