Category Archives: Courts and Tribunals

District Court of NSW

The District Court of NSW http://www.districtcourt.lawlink.nsw.gov.au/districtcourt/index.html has jurisdiction to deal with:

  • Motor accident personal injury claims of any amount that have been either assessed, or made exempt from assessment, by the Claims Assessment and Resolution Service.
  • Other Civil matters up to the value of $750,000, or over that amount if all parties consent.
  • All criminal matters apart from murder, treason and piracy.
  • Residual matters transferred from the Compensation Court of NSW.
  • Summary jurisdiction for offences under the Work Health and Safety Act 2011.
  • Medical Tribunal.
  • Appeals of Local Court and Children’s Court decisions.

The court is presided over by Judges who delegate some of their functions to Registrars. The Chief Judge is the Honourable Justice Reginald Blanch AM.

The court’s Sydney CBD registry is situated at Level 4, John Maddison Tower, Sydney NSW 2000. Other Sydney metropolitan registries are located at Liverpool and Parramatta. The court also sits at Campbelltown and Penrith and various other locations around the state.

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Daily Court Lists

Daily court lists can be found at the Lawfoundation website:

http://www.lawfoundation.net.au/courtlists

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NSW Local Court

The NSW Local Court http://www.localcourt.lawlink.nsw.gov.au/localcourts/index.html has jurisdiction to deal with:

  • Civil matters up to the value of $100,000.
  • Summary criminal matters.
  • Committal hearings to determine whether or not indictable criminal offences are to be tried in the District Court and Supreme Court of NSW.
  • Apprehended violence orders.
  • Driver licence appeals.
  • Some family law matters with regards to property settlements and residence orders.

The Local Court is presided over by Magistrates (addressed as “your honour”) who delegate some of their functions to Registrars (“Registrar”).

The Local Court has specialist jurisdictions including:

The Local Court are situated all across the state. In Sydney it is located at:

  • Balmain: 368 Darling Street, Balmain NSW 2041.
  • Bankstown: Cnr Chapel Road and The Mall, Bankstown NSW 2200.
  • Bidura Children’s: 357 Glebe Point Road, Glebe NSW 2037.
  • Blacktown: 1 Kildare Road, Blacktown NSW 2148.
  • Burwood: 7-9 Belmore Street, Burwood NSW 2134.
  • Camden: John Street, Camden NSW 2570.
  • Campbelltown: Railway Street, Campbelltown NSW 2560.
  • Campbelltown Children’s: Queen Street, Campbelltown NSW 2560.
  • Drug Court: Parramatta Court House, 12 George Street, Parramatta NSW 2124.
  • Fairfield: Cnr Spencer Street and Court Road, Fairfield NSW 2165.
  • Hornsby: 294 Pacific Highway, Hornsby NSW 2077.
  • Kogarah: 17 Montgomery Street, Kogarah NSW 2217.
  • Liverpool: 150 George Street, Liverpool NSW 2170.
  • Manly: 2 Belgrave Street, Manly NSW 2095.
  • Mt Druitt: 59 North Parade, Mt Druitt NSW 2770.
  • Newtown: 222 Australia Street, Newtown NSW 2042.
  • North Sydney: 94 Pacific Highway, North Sydney NSW 2059.
  • Parramatta: 12 George Street, Parramatta NSW 2150.
  • Parramatta Children’s: 2 George Street, Parramatta NSW 2150.
  • Richmond: 288 Windsor Street, Richmond NSW 2753.
  • Ryde: 814 Victoria Road, Ryde NSW 2112.
  • State Coroner’s: 44-46 Parramatta Road, Glebe NSW 2037.
  • Sutherland: Cnr Flora and Belmont Streets, Sutherland NSW 2232.
  • Sydney Central: 98 Liverpool Street, Sydney NSW 2000.
  • Sydney Downing Centre: (Criminal and General) Level 4 Downing Centre 143-147 Liverpool Street, Sydney NSW 2000.
  • Sydney Downing Centre: (Civil) Level 5 Downing Centre 143-147 Liverpool Street, Sydney NSW 2000.
  • Waverley: 151 Bronte Road, Waverley NSW 2024.
  • Windsor: Cnr North and Court Streets, Windsor NSW 2756.

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Sydney, Australia

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Land and Environment Court of NSW

The Land and Environment Court of New South Wales was established on 1 September 1980. It’s purpose was to be a “one stop shop” for environmental, planning and land disputes which had previously been determined by a number of different courts.

The court hears matters relating to environmental, building, planning and development disputes in New South Wales.

The court has the exclusive jurisdiction to undertake merits review, judicial review, civil enforcement, criminal prosecution, criminal appeals and civil claims about planning, environmental, land, mining and other legislation.

The matters determined by the court fall into eight classes:

Class 1: Environmental, planning and protection appeals.

Class 2: Tree disputes and miscellaneous appeals.

Class 3: Valuation, compensation and Aboriginal land claim cases.

Class 4: Civil enforcement and judicial review of decisions under planning or environmental laws.

Class 5: Criminal proceedings for offences against planning or environmental laws.

Class 6 and 7: Criminal appeals against convictions and sentences for environmental offences by the Local Court.

Class 8: Mining matters.

http://www.lec.lawlink.nsw.gov.au/lec/index.html

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Re Wakim [1999] HCA 27 | 17 June 1999

ON 17 JUNE 1999, the High Court of Australia delivered Re Wakim [1999] HCA 27; 198 CLR 511; 163 ALR 270; 73 ALJR 839 (17 June 1999).

http://www.austlii.edu.au/au/cases/cth/HCA/1999/27.html

The High Court held that the provisions of the Corporations Law and cross-vesting legislation that purport to confer State jurisdiction on Federal Courts are constitutionally invalid, although State courts may continue to exercise Federal jurisdiction or each other’s jurisdiction.

The decision led to enactment of the Commonwealth Corporations Act 2001, a Federally administered company law which could also be exercised in State Courts.

Lawyers

Sydney, Australia

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NSW Civil and Administrative Tribunal

ON THIS DAY in 2014, the NSW Civil and Administrative Tribunal was established by the Civil and Administrative Tribunal Act 2013 No 2.

http://www.austlii.edu.au/au/legis/nsw/num_act/caata2013n2353

 

Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22

ON 24 MAY 2007, the High Court of Australia delivered Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22; (2007) 81 ALJR 1107 (24 May 2007).

http://www.austlii.edu.au/au/cases/cth/HCA/2007/22.html

Intermediate courts of appeal should follow “long established authority and seriously considered dicta” of the High Court, even if it does not form part of the ratio decidendi [134] and [158].

Lawyers

Sydney, Australia

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Smits v Roach [2006] HCA 36

ON 20 JULY 2006, the High Court of Australia delivered Smits v Roach [2006] HCA 36; (2006) 228 ALR 262; (2006) 80 ALJR 1309 (20 July 2006).

http://www.austlii.edu.au/au/cases/cth/HCA/2006/36.html

The High Court held that the NSW Court of Appeal was correct in holding that the appellant was estopped from raising a conflict of interest as it’s senior counsel had waived the right to object at the start of the proceedings. The High Court held that the appellant was bound by the conduct of it’s senior counsel on the question of waiver.

The court also held that in determining bias on the part of a judicial officer, the appeal court must (1) identify why a judge might have decided the case in a manner other than on its legal or factual merits, and (2) explain the logical connection between the matter complained of and the feared deviation from impartial decision making.

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Fingleton v R [2005] HCA 34

ON 23 JUNE 2005, the High Court of Australia delivered Fingleton v R [2005] HCA 34; (2005) 216 ALR 474; (2005) 79 ALJR 1250; (2005) 153 A Crim R 503 (23 June 2005).

http://www.austlii.edu.au/au/cases/cth/HCA/2005/34.html

The Queensland Chief Magistrate’s conviction for unlawful retaliation against a witness was quashed on the basis that he Magistrates Act made her immune from prosecution.

Lawyers

Sydney, Australia

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2003 | Compensation Court of NSW abolished

ON THIS DAY in 2003, the Compensation Court of NSW was abolished.