SUPREME COURT

The Supreme Court is a superior court of record, having jurisdiction over the ACT and Jervis Bay Territory, and also the Australian Antarctic Territory and Heard Island and McDonald Islands. It has unlimited first instance jurisdiction in civil and criminal matters and hears appeals from the Magistrates Court.

The Court is empowered to sit in , , , , , Hobart, Darwin and Jervis Bay as well as Canberra, the principal seat of the Court.

The Court is usually constituted by one judge sifting without a jury, but certain matters to do with the admission or conduct of legal practitioners are heard by three judges and trials on indictment are heard before a judge and jury.

HISTORY OF THE SUPREME COURT

In 1909 the Federal Capital Territory (as the Australian Capital Territory was then called) was surrendered by New South Wales to the Commonwealth. It was then enacted by Federal Parliament that the High Court of Australia should have until otherwise provided, the jurisdiction formerly exercised by the Supreme Court of New South Wales over the Territory, and the High Court was the Superior Court for the Territory until 1933.

That year saw the Supreme Court of the Australian Capital Territory established by statute, and the first sittings of the Court were held on 12 February 1934, at Acton House, when Mr. Justice lukin presided.

Early in 1935 the Supreme Court moved to Hotel Acton and; in January 1941 to the Patents Building, Parkes. The first siftings of the Supreme Court in the present building were held on May 9, 1963. The Court presently consists of the Chief Just ke (formerly Chief Judge) and two other Judges A number of judges of the Federal Court. of Australia are appointed as additional judges of the Supreme Court and sit from time to time.

People and places in the court are:

1. Judge 2. Associate 3. Witness Box 4. Instructing Solicitor for Plaintiff 5. Plaintiff's Barrister 6. Defendant's Barrister 7. Instructing Solicitor for Defendant 8. Jury 9. Sound recorder 10. Chairs for defendant and police escort in criminal trials. 11. Public Gallery

DIAGRAM 1

LAW COURTS BUILDING

The law Courts Building, opened in May 1963 by the then Prime Minister; Sir Robert Menzies, is situated in Knowles Place on the western side of CityHill, in the area designated by Walter Burley Griffin for "municipal courts".

It was built for the National Capital Development Commission by Clements Langford (Canberra) Pty Ltd. Consultant architects to the Commission for the project were Messrs Yuncken and Freeman.

Although designed of contemporary materials and construction techniques, the building follows traditional lines of court architecture. Its exterior is polished grey marble, with replicas of the National coat-of-arms above the two main entrances. An unusual feature is the glass-sided open atrium extending the height of the building.

A feature of court rooms on the ground floor is the use of timbers donated by and representative of the six States of the Commonwealth. Each provided timber for the panelling and furniture of one of the six courts. New South Wales gave Red Cedar; -Mountain Ash; - Jarrah; Queensland - Silky Oak; - Red Gum and -' Black Wood.

Of the six court rooms, numbers 1, 2 and 6 are used by the Supreme Court, and 3, 4 and 5 by the Magistrates Court.

All proceedings in Courts 1 to 5 are recorded on a two-track stereophonic tape recorder; controlled by a monitor. Each monitoring desk is linked byunderground cable to a transcription centre in Hobart Place. Both tracks on the tape recorder are used to record Court proceedings, the second track enabling the monitor (equipped with headphones and microphone similar to a telephonist's headset) to idenfify each speaker and record other relevant details.

During transcription replay to an audio-typist, the recordings on both tracks are fed to dual headphones, one to each ear. The system was the first of its type in the Australian Courts.

MAGISTRATES COURT

The Magistrates Court is presided over by a Chief Magistrate and has four other Magistrates. In addition, there are presently five Special Magistrates who sit occasionally. The Magistrates Court has both civil and criminal jurisdiction. In its criminal capacity, the Court tries offences punishable summarily. The Court also holds preliminary enquiries into indictable offences to determine whether they should be heard before a jury in the Supreme Court. Magistrates appointed as conduct coronial enquiries.

The civil jurisdiction (subject to a monetary limit) of the Magistrates Court includes claims for debt, damages and workers' compensation. The Magistrates also sit as a Children’s Court.

HISTORY OF THE MAGISTRATES COURT

The Magistrates Court, then known as the Court of Petty Sessions, first sat at Acton House on 25 November; 1930. Following demolition in 1940, the Court moved to the Hotel Acton and in April 1946 transferred to Jolimont Buildings, Alinga Street, City, where it remained until the law Courts building opened in May 1963. The change of name occurred on 1 February 1986

DIAGRAM 2

CANBERRA’S FIRST COURT HOUSE Supreme Court 1934-1935 Petty Sessions 1930-1940

JUDGES OF THE SUPREME COURT

Chief Justices:

Sir Richard Arthur Blackburn 19824985 Jeffrey Allan Miles 1985-

Chief Judges:

Russell Walter Fox 1977-1977 Sir Richard Arthur Blackburn 1977-1982

JUDGES OF THE COURT:

Lionel Oscar Lukin 1934-1943 Sir Thomas Stuart Clyne 1943-1945 wrniam Ballantyne Simpson 1945-1960 Sir Reginal AlIfree Smithers 1964-1964 Sir John Robert Ken 1966-1966 Russell Walter Fox 1967-1977 Sir Richard Arthur Blackburn 19ti4E977 Francis Xavier Lockington Connor; 1972-982 Douglas Cordon Patrick McGregor 1977-979 John Joseph Anthony Kelly 1980- John Foster Gallop 1982-

MASTER:

To be appointed

SITTING AND OPENING HOURS

The calendar sittings for both courts is displayed in the foyer of the building. The Supreme Court normally sits between 10.00-1.00 pm. and 2.15-4.15 pm weekdays. The Magistrates Court sits between 9.3-1.OO p.m. and 2.00-4.00 p.m.

The Law Courts sittings are mostly open to the public.