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Supreme Court of Victoria

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Supreme Court of Victoria
Emblem (left) and Arms (right) of the Supreme Court
Map
37°48′51″S 144°57′29″E / 37.81417°S 144.95806°E / -37.81417; 144.95806
Established1852
Jurisdiction Victoria
LocationMelbourne
Coordinates37°48′51″S 144°57′29″E / 37.81417°S 144.95806°E / -37.81417; 144.95806
Composition methodAppointed by Governor on the advice of the Executive Council
Authorized byNone (inherent jurisdiction)
Appeals toHigh Court of Australia
Appeals from
Judge term lengthMandatory retirement by age 70
Websitewww.supremecourt.vic.gov.au
Chief Justice of Victoria
CurrentlyThe Honourable Chief Justice Anne Ferguson
Since2 October 2017

The Supreme Court of Victoria is the highest court in the Australian state of Victoria. Founded in 1852, it is a superior court of common law and equity, with unlimited and inherent jurisdiction within the state.

The Supreme Court comprises two divisions: the Trial Division, which oversees its original jurisdiction, and the Court of Appeal, which deals with its appellate jurisdiction, and is frequently referred to as a court in its own right. Although the Supreme Court is theoretically vested with unlimited jurisdiction, it generally only hears, at trial, criminal cases in instances of murder, manslaughter or treason, and civil cases where the statement of claim is in excess of the Magistrates' Court limit of $100,000.

The court hears appeals from the County Court, as well as limited appeals from the Magistrates' Court. Decisions of the Supreme Court are appealable to the High Court of Australia.

The building itself is on the Victorian Heritage Register.

Jurisdiction

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Facade of the Court of Appeal

The Supreme Court has two divisions - the Trial Division and the Court of Appeal.[1]

Trial Division

The Trial Division sits with one judge, and usually acts as a court of original jurisdiction for serious criminal matters such as murder, attempted murder, corporate offences and certain conspiracy charges, and civil matters which are considered to involve greater complexity or amounts of money more than would be appropriate to have determined in the Magistrates' Court (whose civil jurisdictional limit is $100,000)[2] or County Court (whose jurisdiction has since the beginning of 2007 been unlimited as to amount). The Trial Division also acts as an appeal court from the Magistrates' Court on questions of law, and appeals from the Victorian Civil and Administrative Tribunal on points of law, except against an order of the President or Vice-President of the Tribunal. It also hears federal indictable offences such as treason.

The Commercial Court is a sub-division of the Trial Division, composed of specialist judges to deal with commercial disputes.

Court of Appeal

The Court of Appeal hears appeals from the County Court and the Trial Division, as well as appeals on points of law from the Victorian Civil and Administrative Tribunal against the order of the President or Vice-President, and usually consists of a panel of three Judges of Appeal. In rare cases where it is sought to overrule or reconsider the correctness of a previous Court of Appeal decision, it can sit with five judges.

Front facade of the Supreme Court of Victoria
Supreme Court of Victoria Front Entrance
View of Lonsdale Street facade
Supreme Court of Victoria Library Tower Dome

Locations

The Supreme Court of Victoria is located on the corner of Lonsdale and William Streets, Melbourne CBD, at the same intersection as the Melbourne Magistrates' Court and the County Court of Victoria.

The main buildings for the Supreme Court are located at the corner of William and Lonsdale Streets in Melbourne and in nearby buildings.[3]

The Supreme Court also does circuits to Ballarat, Geelong, Warrnambool, Hamilton, Horsham, Bendigo, Mildura, Shepparton, Wangaratta, Wodonga, Sale and Morwell. In these locations the Court uses the facilities of the local Magistrates' Court.[3]

Current judges

(appointment date in brackets):[4]

Chief Justice

  • Anne Ferguson (Trial Division from 3 May 2010; Court of Appeal from 12 August 2014)

President of the Court of Appeal

  • Karin Emerton (Trial Division from 13 October 2009; Court of Appeal from 10 July 2018; 16 July 2022)

Judges of the Court of Appeal

Judges of the Trial Division

See also

References

  1. ^ "How the Court works". The Supreme Court of Victoria. Archived from the original on 30 September 2022. Retrieved 3 October 2022.
  2. ^ Magistrates Court Act 1989 (Vic) section 100.
  3. ^ a b "Locations". Supremecourt.vic.gov.au. Archived from the original on 12 May 2017. Retrieved 22 May 2017.
  4. ^ "Judges". Supreme Court of Victoria. Archived from the original on 1 March 2015.
  5. ^ Premier of Victoria (13 April 2021). "New Appointment To Victoria's Highest Court". Archived from the original on 14 June 2021. Retrieved 14 June 2021.

Notes

  1. ^ On questions of law
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Supreme Court of Victoria
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