AGY-1053 | Court of Appeal [Supreme Court of New South Wales]

Full description

The Court of Appeal was established by the Supreme Court and Circuit Courts (Amendment) Act, 1965 (Act No. 12, 1965) and commenced on 1 January 1966 as a separate part of the Supreme Court.

The Supreme Court Act, 1970 (Act No. 52, 1970) abolished the terminology used in the Supreme Court and Circuit Courts (Amendment) Act, 1965 and created the Court of Appeal as a "Division" of the Supreme Court. This was primarily for reasons of convenience, in order that the rest of the Court might be divided, without confusion, into Divisions.

The Court is an intermediate appellate court which when appropriate has the power to review the decisions of all of the major courts in the State. In this sense, the litigant's right to the (second) day in court is an aspect of the rule of law with its regard for access to justice and public accountability. The Court of Appeal also has the function of deciding significant issues of statutory interpretation or legal principle, and must ensure that its processes do not impede its ability to do this effectively.

The Court of Appeal comprises the Chief Justice, the President, and eight Judges of Appeal.

Specific legal proceedings have been assigned to the Court of Appeal involving the exercise of the disciplinary powers of the Court with respect to barristers and solicitors under the Legal Profession Act 1987 Sections 48I (4), 48J (4) and 48K (3) (which sections relate to appeals from the Disciplinary Tribunal).

The proceedings of the Court of Appeal are held in any one of the following locations – Law Courts Building, Queens Square, Sydney, St James Road Court, St James Road, Sydney, King Street Courthouse, Corner King and Elizabeth Streets, Sydney, Darlinghurst Courthouse, Taylor Square, Sydney, and Wentworth Chambers, 180 Phillip Street, Sydney. The Court’s Registry is in Sydney, with Sub-Registries located at Newcastle, Wollongong, Lismore, Orange, and Wagga Wagga.

REFERENCES
Bennett J. M. A History of the New South Wales Bar, The Law Book Company, Sydney, 1969.
Attorney General's Department website www.lawlink.nsw.gov.au/lawlink/Supreme_Court/11_sc.nsf/pages/SCO_aboutus (cited 22 February 2008).