Supreme Court of Norfolk Island

TheSupreme Court of Norfolk Islandis the superior court for theAustralian territoryofNorfolk Island.It has unlimitedjurisdictionwithin the territory incivilmatters and hears the most seriouscriminalmatters.[1]It also has jurisdiction over theCoral Sea Islands Territory.[2]All matters are heard before a single judge, including appeals from theCourt of Petty Sessions.In theAustralian court hierarchy,it is one of eight state and territory Supreme Courts having unlimited jurisdiction in their respective parts of Australia. Appeal lies to theFederal Court of Australia,from which an appeal byspecial leavecan be made to theHigh Court of Australia.[3]

Supreme Court of Norfolk Island
Established30 May 1957(1957-05-30)
JurisdictionNorfolk Island
Coral Sea Islands
LocationKingston
Appeals toFederal Court of Australia(Full Court)
Appeals fromNorfolk Island Court of Petty Sessions
Judge term lengthMandatory retirement by age of 70
Number of positions3
Chief Justice of Norfolk Island
CurrentlyRobert Bromwich
Since7 May 2024(2024-05-07)

History

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Prior to 1960 almost all matters were heard by the Chief Magistrate who was also theAdministrator.If there was a need for a judge then a person was appointed specifically for that purpose. The first such appointment wasErnest Docker,a judge of theDistrict Court of NSW,[4]who was appointed to hear the trial of Anne Christian who had been charged withinfanticide.Before the judge arrived, Thomas Mollett had been charged with the attempted murder of his 18-month-old daughter.[5]In 1908 Hugh Pollock, aCrown Prosecutorfrom Sydney, was appointed to hear the trial of J F Young for stealing a copper boiler, a relic of HMS Bounty.[6][7]

In 1935Charles Nobbssued the Administrator,Charles Pinney,for being wrongly removed as the President of the Executive Council in 1934.William Coyle,a judge of the District Court of NSW, was appointed to hear the case.[8]

The first person to have a standing appointment as a judge in Norfolk Island wasACT Supreme Court Judge,William Simpsonin 1953.[9]It is unclear whether he ever heard a case in Norfolk Island.

Establishment

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The Court was established by theNorfolk Island Act1957,[10]and was the third territory supreme court created after theSupreme Court of the Northern Territory(1911) and theSupreme Court of the Australian Capital Territory(1934). The jurisdiction of the Court was to be provided by ordinance, and an appeal was to the High Court of Australia. TheSupreme Court Ordinance1960 (NI), provided that the Supreme Court has the same jurisdiction in relation to Norfolk Island as the ACT Supreme Court has in relation to the ACT,[1]which in turn has the same original jurisdiction, civil and criminal, as theSupreme Court of New South Waleshad in relation toNSWimmediately before 1 January 1911.[11]The practice and procedure of the Court was also that of the ACT Supreme Court.

It was not until 1960 that the first judge was appointed,[12]SirRichard EgglestonKC,who was a judge of theCommonwealth Industrial Courtand an additional judge of the ACT Supreme Court.[13]The first reported case wasNewbery v Rin 1965.[14]Henry Newberry was convicted of failing to be enrolled to vote in Norfolk Island Council elections. He challenged his conviction before the Supreme Court of Norfolk Island, arguing that in 1857 Norfolk Island had a constitution and a legislature such that the Crown could not abolish the legislature nor place Norfolk Island under the authority of Australia. Eggleston J considered the constitutional history of Norfolk Island, concluding that theAustralian Waste Lands Act1855 (Imp),[15]authorised any form of government, representative or non-representative, and this included placing Norfolk Island under the authority of Australia.[14]The first appeal to the High Court from the Supreme Court of Norfolk Island was inSanders v Sanders,a proceeding under theMatrimonial Causes Act1966 (Cth).[16]TheNorfolk Island Act1957,[10]was the subject of minor amendments in 1963, which included that more than one judge could be appointed to the Court.[17]

Changes from 1979

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Changes were introduced by theNorfolk Island Act1979,[18]which repealed the 1957 Act. The most notable change was that the 1979 Act granted Norfolk Island limitedself-governmentby establishing theNorfolk Island Legislative Assembly.[19]The "Judicial System" is dealt with in Part VII of the 1979 Act, in which section 52 provided that although the 1957 Act was repealed, the Court continued in existence as "the Superior Court of Record of the Territory",[20]for judges to be appointed by theGovernor-General,[21]and that other courts and tribunals for the Territory could be established by or under enactment.[22]One of the changes introduced in 1979 was that the Court could sit outside of Norfolk Island, empowering the Governor-General to make regulations:

"(a) making provision for and in relation to sittings of the Supreme Court in a State or in a Territory other than Norfolk Island for the purpose of hearing and determining a matter, otherwise than in the exercise of its criminal jurisdiction, if a Judge is satisfied that the hearing of the matter outside the Territory is not contrary to the interests of justice..."[23]

Practice and procedure

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Under the 1979 Act thejurisdiction,practice and procedure of the Supreme Court shall be as provided under "enactment",[24]a term which includes any "Ordinance continued in force by (the 1979) Act".[25]One such ordinance is theSupreme Court Ordinance1960, now theSupreme Court Act1960 (NI), which set out that the practice and procedure of the Court was that of the ACT Supreme Court.

Jurisdiction

The Court deals with matters arising under specific Norfolk Island laws such asProbateand Administration of Deceased estates;[26]serious indictable offences and crimes;[27]Bail on serious offences;[28]and registration of Maintenance Orders made by foreign courts (not Australian Child Support assessments);[29]and exercises federal jurisdiction for those Australian federal laws that are expressed to apply to the Territory of Norfolk Island.[30]Foreign Judgements may be registered in the Supreme Court of Norfolk Island since theForeign Judgments Act1991 (Cth) is expressed to apply to all external Territories of Australia (of which Norfolk Island is one).[31]

In a practical sense its civil and commercial jurisdiction commences at claims that cannot be dealt with by theCourt of Petty Sessions for Norfolk Islandwhich deals with small claims and claims under $A10,000.

According to section 8 of theCoral Sea Islands Act 1969,"the courts of Norfolk Island" have jurisdiction "in and in relation to" theCoral Sea Islands Territory.The Supreme Court thus constitutes the superior court of the Coral Sea Islands. Jurisdiction is unlimited except for matters relating to theOffshore Petroleum and Greenhouse Gas Storage Act 2006.[2]

Location of Sittings

The Supreme Court may, if appropriate, sit in civil cases inNew South Wales,Victoria or theACTas well as in the Territory, but criminal cases must be dealt with in the Territory.[32]

An appeal lies from the Supreme Court to a full court of the Federal Court.[33]

The Supreme Court of Norfolk Island still relies upon theSupreme Court Act 1960 (Norfolk Island)– formerly the Supreme Court Ordinance 1960 – and relies for its Rules of Court and Procedure on the Rules of the Supreme Court of the Australian Capital Territory until such time as the Norfolk Island Court decides to make any specific Supreme Court Rule on a particular matter or topic.

Judges

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The Judges of the Supreme Court of Norfolk Island are generally appointed from among Justices of theFederal Courtwho may sit on the Australian mainland or they may convene the court on Norfolk Island depending on the type of matter they may be dealing with.

Supreme Court sittings are generally conducted on acircuit courtbasis with Judges attending on Norfolk Island where the volume of work may be sufficient to justify the travel or where a regular court sitting has not been convened for some time or where the law governing a particular matter may require that the court be convened on Norfolk Island and not elsewhere (e.g. most criminal law matters except sexual offences which may now be tried off-island).

The Court staff are generally resident on Norfolk Island.

List of Judges (including Chief Justices)
Position Name Appointment
commenced
Appointment
ended
Term Comments Notes
Chief Judge Russell FoxAC,QC 22 January 1982 31 March 1989 7 years, 68 days Federal Court [34]
Trevor Morling 9 May 1989 1 February 1993 3 years, 268 days years Federal Court [35]
Chief Justice Bryan BeaumontAO 6 July 1993 2 August 2004 11 years, 27 days Federal Court [36]
Mark Weinberg 16 December 2004 19 July 2008 3 years, 216 days Federal Court
ACT Supreme Court
[36]
Peter Jacobson 12 December 2008 25 January 2015 6 years, 44 days Federal Court [36]
Anthony Besanko 26 February 2015 7 May 2024 9 years, 71 days Federal Court
ACT Supreme Court
[37]
Robert Bromwich 7 May 2024 211 days Federal Court [38]
Judge SirRichard EgglestonKC 27 October 1960 1969 8–9 years Commonwealth Industrial Court(1960–1974)
ACT Supreme Court(1960–1974)
[39]
SirPercy JoskeCMG 10 December 1965 31 December 1977 12 years, 21 days Commonwealth Industrial Court(1960–1977)
ACT Supreme Court(1960–1977)
NT Supreme Court(1961–1977)
[40]
Edward DunphyKC 17 March 1969 31 December 1982 13 years, 289 days Commonwealth Industrial Court(1956–1982)
ACT Supreme Court(1958–1982)
Supreme Court of Christmas Island(1961–1982)
Supreme Court of the Cocos (Keeling) Islands(1961–1982)
Court of Appeal of Nauru (1967–1982)
[41]
Robert St John 2 August 1978 31 March 1985 6 years, 241 days Federal Court
Australian Industrial Court
ACT Supreme Court
NT Supreme Court
[42]
Phillip EvattDSC 11 February 1981 28 February 1987 6 years, 4 days Federal Court [43]
Trevor MorlingQC 8 March 1984 1 February 1993 8 years, 330 days Federal Court [44]
Murray WilcoxAO,QC 6 July 1993 2 October 2006 13 years, 88 days Chief Justice ofIndustrial Relations Court
Federal Court
ACT Supreme Court
Bryan BeaumontAO 1989 2004 14–15 years Federal Court
Susan KiefelAC 16 December 2004 3 September 2007 2 years, 261 days Federal Court
Peter Jacobson 28 June 2007 25 January 2015 7 years, 211 days Federal Court
Garry DownesAM 10 April 2008 15 May 2012 4 years, 35 days Federal Court
Bruce Lander 12 December 2008 31 August 2013 4 years, 262 days Federal Court
ACT Supreme Court
Robert BuchananKC 2013 10 September 2016 2–3 years Federal Court
Anthony Besanko 5 August 2013 11 years, 121 days Federal Court
ACT Supreme Court
[45]
John Gilmour 26 February 2015 9 years, 282 days Federal Court [37]
Michael Wigney 15 June 2017 7 years, 172 days Federal Court
ACT Supreme Court
[46]
Steven Rares 12 June 2018 6 years, 175 days Federal Court
ACT Supreme Court
Supreme Court of Norfolk Island
Admiralty Rules Committee
[47][48]

[49]

References

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  1. ^abSupreme Court Act1960(NI) s 5 Jurisdiction of Supreme Court.
  2. ^abCoral Sea Islands Act 1969(Cth) s 8 Courts having jurisdiction in the Territory
  3. ^Judiciary Act 1903(Cth)s 35A
  4. ^Woodman, S. J. (1981)."Docker, Ernest Brougham (1842–1923)".Australian Dictionary of Biography.Vol. 8. Canberra: National Centre of Biography,Australian National University.ISBN978-0-522-84459-7.ISSN1833-7538.OCLC70677943.Retrieved11 June2018.
  5. ^"Norfolk Island: Judge Docker's mission".The Daily Telegraph.26 June 1894. p. 3.Retrieved11 June2018– via National Library of Australia.
  6. ^"A judge for Norfolk Island".The Australian Star.1 October 1908. p. 1.Retrieved11 June2018– via National Library of Australia."A visit to Norfolk Island".Clarence and Richmond Examiner.12 December 1908. p. 3.Retrieved11 June2018– via National Library of Australia.
  7. ^"Unique demonstration".The Australian Star.26 October 1908. p. 5.Retrieved28 February2019– via National Library of Australia.
  8. ^"Administrator in case: Judge for Norfolk Island".Northern Star.19 July 1935. p. 13.Retrieved11 June2018– via National Library of Australia."To hear one case: Judge's trip to Norfolk Island".The Daily Telegraph.New South Wales, Australia. 19 July 1935. p. 10.Retrieved11 June2018– via National Library of Australia."Norfolk Island. Administrator sued. Illegal Meeting of Council".The Canberra Times.24 August 1935. p. 1.Retrieved11 June2018– via National Library of Australia.
  9. ^"Territory of Norfolk Island".Australian Government Gazette.No. 9. 12 February 1953. p. 351.Retrieved11 June2018– via National Library of Australia.
    "Norfolk Island Judge".The Canberra Times.13 February 1953. p. 4.Retrieved11 June2018– via National Library of Australia.
  10. ^abNorfolk Island Act 1957(Cth) Part V The Judicial System.
  11. ^Supreme Court Act 1933(ACT)
  12. ^"Ceremonial sitting to mark the 50th anniversary of the Supreme Court of Norfolk Island"(PDF).Norfolk Island Legislative Assembly. 27 October 2010.Retrieved28 February2019.
  13. ^"Appointment of the Honourable Richard Moulton Eggleston as a Judge of the Supreme Court of Norfolk Island"(PDF).Cth Gazette.1 December 1960. p. 4133.
  14. ^abNewbery v R(1965) 7FLR34 (25 March 1965), Supreme Court (Norfolk Island), Australia).
  15. ^Australian Waste Lands Act 1855(PDF)(Imp).
  16. ^Sanders v Sanders[1967] HCA 33,(1967) 116CLR366 (16 October 1967),High Court(Australia).
  17. ^Norfolk Island Act 1963(Cth).
  18. ^Norfolk Island Act 1979(Cth).
  19. ^"Norfolk Island Historical Events".Department of the Attorney-General, Australia.Retrieved29 October2010.
  20. ^Norfolk Island Act 1979(Cth)s 52Constitution of Supreme Court.
  21. ^Norfolk Island Act 1979(Cth)s 53Appointment of Judges.
  22. ^Norfolk Island Act 1979(Cth)s 60Establishment of courts and tribunals.
  23. ^Norfolk Island Act 1979(Cth)s 67(1)(a).
  24. ^Norfolk Island Act 1979(Cth)s 59Jurisdiction of Supreme Court.
  25. ^Norfolk Island Act 1979(Cth)s 4(1) Interpretation.
  26. ^Administration and Probate Act2006(NI)
  27. ^Criminal Law Act1960(NI) adopting the NSW Crimes Act of 1900.
  28. ^Bail Act2005 (NI)s23Power of Supreme Court to grant bail.
  29. ^Maintenance Orders (Facilities for Enforcement) Act1960(NI).
  30. ^Norfolk Island Act 1979(Cth)s 18Application of Commonwealth Acts.
  31. ^Foreign Judgments Act(Cth)s 4External Territories.
  32. ^Norfolk Island Regulations 2017(Cth)s 7Supreme Court may sit in a State, the Australian Capital Territory or the Northern Territory.
  33. ^Federal Court of Australia Act 1976(Cth)s 24Appellate jurisdiction.
  34. ^"Appointment of Chief Judge of the Supreme Court of Norfolk Island"(PDF).Cth Gazette.17 March 1969. p. 2686.
  35. ^"Judges appointed".The Canberra Times.13 May 1989. p. 4.Retrieved17 October2018– via National Library of Australia.
  36. ^abc"Federal Court of Australia judicial changes the first 30 years (1977-2007)"(PDF).Archived fromthe original(PDF)on 25 February 2017.
  37. ^ab"Judicial Appointments for Norfolk Island".Australian Government. 10 March 2015.Retrieved6 June2018.
  38. ^https://minister.infrastructure.gov.au/mcbain/media-release/new-chief-justice-supreme-court-norfolk-island
  39. ^"Appointment of the Honourable Richard Moulton Eggleston as a Judge of the Supreme Court of Norfolk Island"(PDF).Cth Gazette.1 December 1960. p. 4133.
  40. ^"Appointment of the Honourable Percy Joske as a Judge of the Supreme Court of Norfolk Island"(PDF).Cth Gazette.13 January 1966. p. 70.
  41. ^"Appointment of the Honourable Edward Arthur Dunphy as a Judge of the Supreme Court of Norfolk Island"(PDF).Cth Gazette.17 March 1969. p. 2686.
  42. ^"Appointment of the Honourable Robert St John as a Judge of the Supreme Court of Norfolk Island"(PDF).Cth Gazette.22 August 1978. p. 9.
  43. ^"Appointment of the Honourable Phillip George Evatt as a Judge of the Supreme Court of Norfolk Island"(PDF).Cth Gazette.24 February 1981. pp. 2–3.
  44. ^"Appointment of the Honourable Trevor Morling as a Judge of the Supreme Court of Norfolk Island"(PDF).Cth Gazette.20 March 1984. p. 1042.
  45. ^"Federal Court of Australia Annual Report 2013-14"(PDF).Federal Court.Retrieved6 June2018.
  46. ^"Federal Court of Australia Annual Report 2016-17"(PDF).Federal Court.Retrieved6 June2018.
  47. ^"Appointments and remuneration pursuant to the Order of the Senate for the period: 2 October 2018 to 28 January 2019".The Department of Infrastructure, Transport, Cities and Regional Development.Retrieved18 January2020.
  48. ^"Steven David Rares: Government Online Directory".Commonwealth of Australia.Retrieved18 January2020.
  49. ^"Biography of Justice Steven Rares".Federal Court of Australia.Retrieved18 January2020.


References

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