Supreme Court of Western Australia

Structure

The Supreme Court consists of a General Division (equivalent to the Trial Division in other states) and the Court of Appeal.

The General Division deals with serious criminal matters, civil cases where the dispute is of a complex nature or the amount claimed is greater than $750,000, criminal appeals from the Magistrates Court and appeals from other bodies such as the State Administrative Tribunal. The General Division sits in the David Malcolm Justice Centre for civil proceedings and the District Court of WA Building and the original Supreme Court Building for criminal proceedings.

The Court of Appeal hears both civil and criminal appeals from cases in the General Division, the District Court and the State Administrative Tribunal. It sits in the original Supreme Court Building.

When required, Supreme Court judges may also constitute the Industrial Appeal Court and sit as a Court of Disputed Returns.

The Supreme Court holds the exclusive jurisdiction to admit solicitors and barristers to practice in the Western Australian jurisdiction, upon meeting the educational and practice requirements set by the Legal Practice Board of Western Australia.

The current Chief Justice of the Supreme Court is the Honourable Chief Justice Peter Quinlan SC who was appointed to the position in August 2018.

History

The Supreme Court was established on 18 June 1861 when the Court of Quarter Sessions (a criminal court for serious matters) and the Civil Court were amalgamated. Sir Archibald Burt was the first Chief Justice of the court.

The Full Court of the Supreme Court was established in 1886 to decide both criminal and civil appeals. In 1893 the criminal appeals were transferred to the Court of Appeal which was then reconstituted as the Court of Criminal Appeal in 1911.

The Supreme Court, Full Court and Court of Criminal Appeal were effectively the one court with each judge able to sit on cases in any of the courts.

Plans to relocate the Court building were announced to the public in March 1901, after a parliamentary committee examined various options and decided on the current location on St George’s Terrace. A government decree that only local materials be used in the construction caused difficulties and delays, culminating in a Royal Commission in 1902. Finally, the new building was officially opened on 8 June 1903, by newly-arrived Governor, Sir Frederick Bedford.

In 2004 the Full Court and the Court of Criminal Appeal were subsumed by the Court of Appeal, which, while still a division of the Supreme Court, has judges which sit solely on appeal cases.

Judicial officers

Main article: List of judges of the Supreme Court of Western Australia

The Supreme Court is currently constituted by the following judicial officers (in order of seniority):

Chief Justice

• Peter Quinlan (13 August 2018)

President of the Court of Appeal

• Michael Buss (18 July 2016; appointed as Judge of Appeal on 1 February 2006)

Judges of the Court of Appeal

• Robert Mazza (2011; appointed as Judge on 4 March 2010)
• Robert Mitchell (18 July 2016; appointed as Judge in October 2014)
• Janine Pritchard (President, State Administrative Tribunal as of 4 June 2019; appointed as Judge of Appeal on 13 September 2018; appointed as Judge on 11 June 2010)
• John Vaughan (4 June 2019; appointed as Judge on 30 April 2018)
• Stephen Hall (3 October 2022; appointed as Judge on 3 July 2009)
• Samuel Vandongen (22 May 2023; appointed as Judge on 2 November 2022)

Judges of the General Division

• Paul Tottle (10 August 2015)
• Bruno Fiannaca (31 August 2015)
• Joseph McGrath (28 November 2016)
• Gail Archer (29 May 2017)
• Jennifer Smith (27 June 2018; acting judge from 1 August 2017)
• Jennifer Hill (4 June 2019)
• Larissa Strk (9 June 2021)
• Marcus Solomon (4 August 2021)
• Amanda Forrester (1 July 2022)
• Michael Lundberg (23 November 2022)
• Fiona Seaward (7 March 2023)
• Natalie Whitby (22 May 2023)
• Stephen Lemonis (26 June 2023)
• Matthew Howard (17 July 2023)
• Alain Musikanth (6 November 2023)
• Kathleen Glancy (29 January 2024)
• Garry Cobby (29 January 2024)

Master

• Sarah Russell

Principal Registrar

• Danielle Davies

Registrars

• June Eaton (Registrar Court of Appeal)
• Rainer Gilich
• Janet Whitbread
• Mark Fatharly
• Prudence Griffin
• Acacia Hosking
• Brendyn Nelson
• Leanne Allison

Supreme Court building

The Supreme Court building has considerable heritage significance in Western Australia. In 1899, a joint parliamentary committee was formed to decide on the location of the new court building with three sites being considered. The locations were a site in Irwin Street, the old Government Boys' School on St George's Terrace and the current site. After a decision was made and a contract awarded for £A55,888 11s 3p, equivalent to in , to RP Vincent and Sons in February 1901, an announcement was made to the public during March of that year. The foundation stone was laid on 2 June 1902 and would open on 8 June 1903 with WA Governor Sir Frederick Bedford present as was the Chief Justice Sir Edward Stone and the full court.

The two-storey brick building was designed by John Harry Grainger (father of Percy Grainger), Chief Architect with the Public Works Department of Western Australia. It is designed in the Federation Academic Classical style: a style that was often used for major public buildings of the time. The original design called for only local materials to be used with Donnybrook stone, Meckering granite and jarrah wood the choice. Stuccoed cement had to be substituted when insufficient quantities of Donnybrook stone of identical texture and colour were lacking for the building.

|File:Supreme Court, south front.jpg |Supreme Court, south front

|File:Main Foyer, Supreme Court of Western Australia.jpg |Main foyer

|File:No 1 Court.jpg |Court number 1

David Malcolm Justice Centre

Main article: David Malcolm Justice Centre

On 11 July 2016, the Supreme Court's Registry and General Division (Civil) relocated from the original Supreme Court Building to the new David Malcolm Justice Centre located at 28 Barrack Street which is immediately north of the State Buildings complex.

|File:28_Barrack_Street_entrance.jpg |Entrance to building

|File:Perth town hall proximity to 28 Barrack Street.jpg |With Perth Town Hall to the north

|File:28_Barrack_Street_in_position_behind_State_buildings.jpg |With state buildings to the south

General references

References

References

1. {{Cite Legislation AU. WA. act. sca1935183. Supreme Court Act 1935. 15
2. {{Cite Legislation AU. WA. act. jra1937198. Judges' Retirement Act 1937. 3
3. {{Cite Legislation AU. WA. act. sca1935183. Supreme Court Act 1935. 7A
4. (1 March 2019). "Civil".
5. (22 October 2024). "Admissions".
6. Tim Clarke. (1 August 2018). "New court chief's aim is justice for all". The West Australian.
7. Jerome Doraisamy. (1 August 2018). "Western Australia Attorney-General John Quigley has named the next top judge for Australia's Wildflower State". Lawyers Weekly.
8. "Supreme Court of Western Australia Celebrating 150 Years". Supreme Court of Western Australia.
9. "History of the Supreme Court of Western Australia".
10. (3 April 2019). "Justice Pritchard first woman to be appointed President of the SAT". Government of Western Australia.
11. (29 November 2023). "Appointment of Master to the Supreme Court".
12. "inHerit - State Heritage Office".
13. "History of the Supreme Court of Western Australia". Supreme Court of Western Australia.
14. (11 March 2016). "Former chief justice David Malcolm honoured with 33-storey tower".
15. https://www.cathedralsquare.com.au/businesses/mirvac-tower/ Mirvac Tower named the David Malcolm Justice Centre
16. "David Malcolm Justice Centre towers over Cathedral Square".