Common Law Division
The Common Law Division deals with civil, criminal and administrative law matters.

CIVIL MATTERS
These include:

• claims for damages for personal injury
• breach of contract
• professional negligence
• possession of land
• defamation.

Certain types of cases, such as defamation and professional negligence, are dealt with in specialised lists to enable judges to supervise their progress to trial. Other matters are subject to general case management.

CRIMINAL MATTERS
Judges preside over criminal trials for the most serious offences. Criminal matters include:

• murder and manslaughter
• attempted murder
• major conspiracy and drug related charges
• Commonwealth prosecutions for the more serious breaches of the Corporations Law.

The Supreme Court can also hear bail applications in relation to cases in the Court or in other courts. On such applications, the Court will consider a person's entitlement to bail and any conditions which should be attached to it.

ADMINISTRATIVE LAW MATTERS
These cases involve a legal challenge to decisions of government ministers, officials and organisations. The Court may make orders requiring official duties to be performed, decision-making to be properly carried out, or may restrain illegal or invalid administrative action.

Equity Division
The Equity Division hears equity, probate, commercial, admiralty and protective matters. Applications for orders for adoption of children are also dealt with in the Equity Division.

EQUITY MATTERS
These include claims for civil relief which does not involve the recovery of debts or damages. Examples include:

• claims for injunctions to restrain wrongful conduct
• claims to have contracts specifically enforced or set aside
• claims to have rights to property (including land and intellectual property) declared and enforced
• claims relating to the administration of corporations, partnerships, trusts
• applications under the Property (Relationships) Act 1984, Adoption of Children Act 1965 1 and the Family Provision Act 1982.

PROBATE or DECEASED ESTATE MATTERS
These are generally about the validity or interpretation of a will, or the administration of an estate of a deceased person.

COMMERCIAL MATTERS
These arise out of commercial transactions involving substantial amounts of money, issues of importance to trade and commerce, or substantial building and engineering contracts.

ADMIRALTY MATTERS
These matters involve disputes relating to ships or their cargoes.

PROTECTIVE MATTERS
These include applications for the admission of patients to psychiatric hospitals. Also matters concerning people who are incapable of looking after their property or themselves. The Court ensures that such people's affairs are properly managed.

Judges of the Supreme Court also make up the Court of Appeal and the Court of Criminal Appeal.

Court of Appeal
The Court of Appeal is the highest civil court in the State. It hears appeals from civil proceedings from:

• the Supreme Court
• the District Court
• the Land and Environment Court
• the Compensation Court
• some tribunals.

With occasional exceptions, the Judges who make up the Court of Appeal are the Chief Justice, the President of the Court of Appeal and the ten Judges of Appeal. The time available for the Chief Justice to sit on the Court of Appeal is limited because he has other responsibilities, including the Court of Criminal Appeal.

Most appeals are heard by three judges, but some are heard by two, and in special cases, they may be heard by more than three. If the judges cannot agree, the majority view prevails. Matters arising before the appeal can be heard and dealt with by a single judge of Appeal or the Registrar as well as the administration of the justice system.

To appeal to the High Court of Australia from the Court of Appeal, a special permission must be granted by the High Court.

Court of Criminal Appeal
The Court of Criminal Appeal is the State's highest court for criminal matters. A person who has been convicted, or who pleaded guilty and has been sentenced by a Supreme Court or District Court Judge, may appeal to the Court of Criminal Appeal.

Appeals may also be brought from decisions of the Land and Environment Court in its criminal jurisdiction.

Appeals are generally heard by three Judges, although five judges may sit when significant legal issues need to be considered. The majority view prevails. When sentence appeals do not involve a dispute on any issue of legal principle, only two judges need to sit.

The judges hearing any particular case are selected from the Chief Justice, the President of the Court of Appeal, the Judges of Appeal, the Chief Judge and other nominated judges of the Common Law Division.

There are a number of grounds for appeal, including a challenge to a conviction involving a question of law. The Court of Criminal Appeal may also grant leave to appeal in matters involving questions of fact, or mixed questions of fact and law. It may also grant leave to appeal in cases where the severity or adequacy of the sentence is challenged.

To appeal to the High Court of from the Court of Criminal Appeal, a special permission must be granted by the High Court. If this permission is given then "leave to appeal" has been granted.

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Adoption of Children Act 1965
http://www.austlii.edu.au/cgi-bin/disp.pl/au/legis/nsw/consol_act/ca1902188/s9c.html?query=~+premier
Dated viewed 27 November 2002
Author: Australasian Legal Information Institute
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