AGY-1058 | Common Law Division [Supreme Court of New South Wales]

NSW State Archives Collection
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Full description

The Common Law Division deals with all actions which may be brought at Common Law, limited appeals on questions of law from Magistrates and certain appeals from other bodies where a statute grants a right of appeal to the Court constituted by a single Judge.

The civil work includes claims for damages for personal injury, claims in relation to professional negligence, possession of land, defamation and other common law matters. Judges of the Common Law Division also deal with the work of the Criminal Division and the Administrative Law Division.

The Common Law Division is the largest Division in the Supreme Court and comprises the Chief Judge at Common Law and twenty other Judges. In addition to the Judges, there are two Masters who are specifically assigned to assist in the disposal of litigation within the Division as permitted by the Supreme Court Act 1970 and the Rules of Court. A limited jurisdiction to hear matters is given to Registrars by the Rules.

The proceedings of the Court of Disputed Returns are assigned to the Common Law Division.

Specific New South Wales and Commonwealth Acts have been assigned to the Common Law Division. These include the Community Protection Act 1994; Confiscation of Proceeds of Crime Act 1989; Conveyancers Licensing Act 1995; (other than proceedings assigned to the Court of Appeal); Crimes (Superannuation Benefits) Act 1989 (Commonwealth) Criminal Matters Act 1987 (Commonwealth); Drug Trafficking (Civil Proceedings) Act 1990; Drug Trafficking (Civil Proceedings) Act 1997 (1); International War Crimes Tribunals Act 1995 (Commonwealth); Legal Profession Act 1987 (other than proceedings assigned to the Court of Appeal) An order relating to a notary that is required by section 171H of the Legal Profession Act 1987 to be filed in the Court shall be filed in the Common Law Division; Listening Devices Act 1984; Motor Accidents Act 1988; Prisoners (Interstate Transfer) Act 1982 Section 16 - Review of decision of Local Court; Proceeds of Crime Act 1987; Property, Stock and Business Agents Act 1941; Public Notaries Act 1997 Sections 6 & 10 - Appointment of public notaries, Appeals; Mutual Recognition Act 1992; Transport Act 1930 Section 154 (6) an application to the Court relating to insurance of motor omnibuses against damage to property: Witness Protection Act 1995 {(Proceedings for an order under section 17, section 19 or section 34 (2)}- Power of Supreme Court to make order, Effect of entries made under this Act, Special provision in case of marriage of participant.

The proceedings of the Common Law Division 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. (2)

1. Commenced 25 July 1997 - New South Wales Government Gazette 25 July 1997 page 5680.
2. Attorney General's Department website (cited 22 February 2008); Justice website, Supreme Court Common Law Division, (cited 9 August 2023)..

Supreme Court Rules.

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