Supreme Court of Queensland

The Supreme Court of Queensland is the highest court in the Australian State of Queensland. It was formerly the Brisbane Supreme Court, in the colony of Queensland.

Supreme Court of Queensland
Coat of Arms of Queensland
Façade of the Queen Elizabeth II Courts of Law building in Brisbane—the main sitting location of the Court.
27°28′4″S 153°1′14″E
Established	7 August 1861 (1861-08-07)
Jurisdiction	Queensland
Location	Brisbane
Coordinates	27°28′4″S 153°1′14″E
Composition method	Judges appointed by the governor on the advice of the premier (following consultation with the attorney-general and Cabinet)
Authorised by	Queensland Parliament via the: Constitution Act 1867 (Qld) Supreme Court Act 1991 (Qld)
Appeals to	High Court of Australia
Appeals from	District Court of Queensland
Judge term length	mandatory retirement by age of 70
Number of positions	26
Website	www.courts.qld.gov.au
Chief Justice of Queensland
Currently	Helen Bowskill
Since	7 September 2015 (2015-09-07)
President of the Court of Appeal
Currently	Debra Mullins
Since	3 April 2017 (2017-04-03)
Senior Judge Administrator, Trial Division
Currently	Glenn Martin
Since	24 August 2021 (2021-08-24)

The original jurisdiction of the Supreme Court allows its trial division to hear civil matters involving claims of more than $750,000; criminal matters involving serious offences (including murder and manslaughter); and matters arising under the Corporations Act 2001 (Cth) and cross-vesting legislation. A jury decides whether the defendant is guilty or not guilty. The division also hears all civil matters involving amounts of more than $750,000. A jury may decide these disputes.

The appellate jurisdiction of the Supreme Court allows its Court of Appeal to hear cases on appeal from the District Court, the trial division of the Supreme Court, and a number of other judicial tribunals in Queensland. Decisions made by the Supreme Court may be taken on appeal to the High Court of Australia in Canberra only by a grant of special leave of the High Court of Australia.

History

The Supreme Court of Queensland was founded on 7 August 1861, with the assent of the Supreme Court Constitution Amendment Act 1861 (Qld). Two subsequent pieces of legislation, including the Additional Judge Act 1862 (Qld) and the Supreme Court Act 1863 (Qld), were also necessary to establish the court's operating system.

Prior to separation of Queensland from New South Wales, the former naval officer, Captain John Clements Wickham, tried minor crimes in the Moreton Bay District. More serious cases were tried at the Supreme Court of New South Wales in Sydney. Two years before separation from New South Wales, the Moreton Bay Supreme Court Act 1857 (NSW) established the jurisdiction of the Supreme Court of New South Wales in the Moreton Bay District and Samuel Milford served as Judge. Milford resigned in February 1859, and was replaced by Alfred Lutwyche.

Rockhampton Supreme Court, c. 1890

Initially, the Brisbane Supreme Court served as the Supreme Court for all of Queensland. As the colony's population grew, two other courts were constructed. The first sittings of the Northern Supreme Court were held at Bowen in 1874 and the Bowen Court House was built in 1880 in a classical revival style. The Central Supreme Court was officially opened at Rockhampton in 1896. After the opening of the Central Supreme Court at Rockhampton, the Northern Supreme Court moved from Bowen to Townsville. Justice Virgil Power, who served as the first Judge of the Central Supreme Court, was the first Queensland-born Supreme Court Judge. As the population of Queensland has grown, additional courts have been built at locations such as Bundaberg, Mackay, Cairns, Longreach, Maryborough, Roma and Townsville.

Although the Brisbane Supreme Court initially served the needs of the entire colony of Queensland, it did not occupy a purpose-built building until 1879. Until then, the Brisbane Court sat at the Old Convict Barracks in Queen Street. These barracks were in disrepair and a number of improvements, including new sets of windows, had to be constructed to allow the continued sitting of the Court. Furthermore, on Sundays, the area of the barracks used by the Court was also used as a church. Although the Court's surroundings were not elaborate, Parliament did provide an annual grant towards the establishment of a Supreme Court Library from 1861 to 1879.

By 1870, despite minor building modifications to the convict barracks, it had become clear that a new building was required to house the Brisbane Supreme Court. A site on George Street was selected and the prominent colonial architect, Francis Drummond Greville Stanley, submitted plans for an elaborate neoclassical building which was two storeys tall. These original plans featured stone floors and other sophisticated details. They were later modified for financial reasons and in 1875 John Petrie successfully tendered to construct the building.

Supreme Court building, Brisbane, c. 1891

Architectural plans for the first Law Courts, constructed 1880

On 6 March 1879, the new Supreme Court opened. The entrance on the North Quay frontage had been designed as the main entrance but this was soon superseded by the George Street entrance. In 1880, iron gates were also added to the building. In 1931, the Queensland Public Works Department provided funds for the renovation of the interior of the Brisbane Supreme Court.

On the night of 1 September 1968, the building that housed the Brisbane Supreme Court was damaged by arson. It was subsequently demolished, and in 1976, it was replaced with a building designed by Bligh Jessup Bretnall and was opened by Queensland Governor Sir James Ramsay on 3 September 1981.

In 1989, Justice Angelo Vasta was removed from the court by Queensland Governor on the request of the Parliament. This was the first time since federation that any state had used that method to remove a sitting judge from a Supreme Court. Vasta was found to be not "a fit and proper person to continue in office" after giving false evidence to an investigation related to the Fitzgerald Inquiry.

In 2008, a $600 million building program began to create a new Brisbane Supreme Court and District Court building, designed by Architectus Brisbane, led by Prof John Hockings. The building is known as the Queen Elizabeth II Courts of Law and was officially opened on Friday 3 August 2012 by Queensland Governor Penelope Wensley. It incorporates a public plaza and links to the existing Brisbane Magistrates Court building. The precinct occupies an entire city block between George, Roma, and Turbot streets.

Composition

In 1991 the Queensland Supreme Court was restructured into two divisions, the Trial Division and the Court of Appeal. The Court is headed by the Chief Justice of Queensland (currently Chief Justice Helen Bowskill) who sits in both the Trial Division and the Court of Appeal.

The Court of Appeal comprises the President (currently President Debra Mullins) and four Judges of Appeal, who sit only in the Court of Appeal. Proceedings in the Court of Appeal are usually heard by three judges. The Trial Division comprises a number of trial judges and is headed by the Senior Judge Administrator (currently Justice Ann Lyons). Proceedings in the Trial Division are heard by one trial judge. Most trial division judges also rotate through the Court of Appeal, usually for three week periods.

Appeals from:

• The Trial Division is heard by the Court of Appeal; and
• The Court of Appeal is heard by the High Court of Australia.

The Court of Appeal also hears appeals from the District Court of Queensland.

Judges of the Court as of March 2022 are:

Position	Name	Date appointed	Term in office	Notes
Chief Justice	Helen Bowskill	22 March 2022	2 years, 235 days
President, Court of Appeal	Debra Mullins AO	3 April 2017	7 years, 223 days
Judge of Appeal	John K. Bond	22 April 2021	3 years, 204 days
	Hugh Fraser	25 January 2008	16 years, 292 days
	Philip McMurdo	24 November 2015	8 years, 354 days
	Philip M. Morrison	1 August 2013	11 years, 103 days
	Debra Mullins AO	12 December 2019	4 years, 336 days
Senior Judge Administrator	Glenn Martin AM	25 March 2022	2 years, 232 days
Judge	Peter Applegarth AM	28 August 2008	16 years, 76 days
	David Boddice	2 July 2010	14 years, 133 days
	Thomas Bradley	3 December 2018	5 years, 345 days
	Susan Brown	16 December 2016	7 years, 332 days
	Martin Burns	18 December 2014	9 years, 330 days
	Graeme Crow	26 February 2018	6 years, 260 days
	Jean Dalton	24 February 2011	13 years, 262 days
	Martin Daubney	13 July 2007	17 years, 122 days
	James Douglas	27 November 2003	20 years, 351 days
	Paul Freeburn	20 May 2021	3 years, 176 days
	Peter Flanagan	27 June 2014	10 years, 138 days
	James Henry	12 September 2011	13 years, 61 days
	David Jackson	8 October 2012	12 years, 35 days
	Declan Kelly	6 September 2021	3 years, 67 days
	Duncan McMeekin	15 October 2007	17 years, 28 days
	Kerri Mellifont	4 November 2021	3 years, 39 days
	David North	18 July 2011	13 years, 117 days
	Soraya Ryan	9 March 2018	6 years, 248 days
	Frances Williams	17 February 2020	4 years, 269 days

Noted former judges

• The Honourable Paul de Jersey AC, who later became Chief Justice of Queensland and Governor of Queensland
• Catherine Holmes AC, first female Chief Justice of Queensland.
• Sir James Blair, who later became Chief Justice of Queensland, lieutenant-governor of Queensland, Knight Commander of the Order of St Michael and St George (KCMG)
• Sir Walter Campbell, who later became Governor of Queensland
• Sir James Cockle, the first Chief Justice of Queensland
• Peter Connolly
• Edward Archibald Douglas, son of Queensland Premier, John Douglas
• Robert Johnstone Douglas, son of Queensland Premier, John Douglas
• Sir Harry Gibbs, who later became Chief Justice of Australia
• Sir Samuel Griffith, who later became the first Chief Justice of Australia
• Alfred Lutwyche, first judge
• Thomas McCawley
• Sir Edward Williams
• Sir William Webb, later appointed to the High Court of Australia and served as President of the International Military Tribunal for the Far East
• Angelo Vasta, the first Superior Court judge removed from office through an act of Parliament

Facilities

The Supreme Court sits mainly in the Queen Elizabeth II Courts of Law in Brisbane, which also houses the District Court. The court began operating out of this facility on 27 August 2012, prior to which it was located in the Law Courts Complex.

The court also has judges permanently appointed to sit in Rockhampton, Townsville and Cairns, and regularly sits in other regional districts.

See also

• Australian court hierarchy
• Judiciary of Australia
• List of Queensland courts and tribunals
• List of Judges of the Supreme Court of Queensland

References

Sources

• "Judges of the Supreme Court contacts". Queensland Courts. Archived from the original on 15 August 2016. Retrieved 28 May 2006.
• Turner, Clive 2004, Australian Commercial Law, 25th edn, Lawbook Co., Sydney.

Attribution

• This Wikipedia article incorporates text from "150 years of the Supreme Court of Queensland" by Dr. Shirleene Robinson published by the State of Queensland under CC-BY 3.0 AU licence (accessed on 11 November 2014, archived on 11 November 2014).

External links

• Moreton Bay Supreme Court Act 1857
• Supreme Court Constitution Amendment Act 1861
• Additional Judge Act 1862
• Supreme Court Act 1863