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District Court of New South Wales

From Wikipedia, the free encyclopedia

District Court of New South Wales
Downing Centre, a seat of the District Court in Sydney CBD
Established1858
JurisdictionNew South Wales
LocationFull time sittings are held in theSydney CBD, and atParramatta,Penrith,Campbelltown,Newcastle,Gosford,Wollongong andLismore. Part time sittings are held in a range of major regional centres.
Composition methodVice-regal appointment upon nomination by thePremier following the advice of theAttorney General andCabinet
Authorised byNew South Wales Parliament via the:District Court Act 1973 (NSW)
Appeals to
Appeals fromLocal Court of NSW
Websitedistrictcourt.nsw.gov.au
Chief Judge
CurrentlySarah Huggett
Since2024
Intermediate court of New South Wales

TheDistrict Court of New South Wales is theintermediatecourt in the judicial hierarchy of theAustralianstate ofNew South Wales. It is atrial court and has anappellate jurisdiction. In addition, the Judges of the Court preside over a range of tribunals. In itscriminal jurisdiction, the Court may deal with allserious criminal offences exceptmurder,treason andpiracy. The Court'scivil jurisdiction is generally limited to claims less than A$1,250,000.

The District Court has had its current structure since reforms during 1973 which created a single court with a statewide criminal and civil jurisdiction.[1][2] The Chief Judge of the District Court, since 2014, is the Honourable JusticeSarah Huggett.[3]

History

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By 1850, the court system in theColony of New South Wales consisted of:

The population of NSW increased as a result of thegold rush of 1851 and became more dispersed. Litigation grew as the Colony prospered, and crime was not declining. The Supreme Court began to fall seriously into arrears, and this was not helped by the fact that it did not visit a lot of towns. Courts of Quarter Sessions were also few in number and had no civil jurisdiction. By the mid-1850s there were calls for a revision of the court system, to meet the growing needs of the Colony. As a result, the parliament passed theDistrict Courts Act 1858 (NSW).[4] This Act established district courts, which divided the Colony into districts and created acourt of record for each district with a civil jurisdiction up to£200, to replace the Courts of Requests. judges of the district courts were also appointed as chairman of any court of quarter sessions or general sessions, to be held within the limits of that district.[2]

The purpose of the Act was briefly described as:

District Courts were established by the Legislature for the purpose of simplifying legal proceedings in the recovery of amounts under £200, and lessening the expenses of attending such proceedings, as well as to relieving the Supreme Court of some portion of the overwhelming civil business which the rapid progress of the colony had lately engendered. The Act providing for the institution of these Courts also extended the jurisdiction of Courts of General and Quarter Sessions of the Peace, and prepared the way for a great increase in their numbers, under the presidency of District Court Judges as Chairmen, whereby criminal proceedings have been much facilitated, especially in the more distant and outlying portions of the country.[5]

The jurisdiction of the district courts was increased from time to time. Incremental changes were introduced after World War II. The position of Chairman of the District Court Judges was introduced in 1950 to exercise administrative functions in relation to the courts similar to role of theChief Justice in theSupreme Court,[6][7] from which time, instead of being appointed to a specific district, judges were appointed to "all district courts" but would be assigned to work in specific district courts.[7]The intermediate courts were reformed in 1973 by theDistrict Court Act 1973,[1] which abolished the courts of quarter sessions and each of the district courts and amalgamated their jurisdictions into a single District Court of New South Wales, with a statewide criminal and civil jurisdiction.[2]

Structure and jurisdiction

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See also:Local Court of New South Wales

Criminal jurisdiction

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See also:Drug Court of New South Wales andChildren's Court of New South Wales

The District Court deals with a wide range of criminal matters. The only charges that the District Court cannot deal with are murder or treason, which must be dealt with by the Supreme Court. The types of criminal matters dealt with by the District Court include:[8]

Civil jurisdiction

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In its civil jurisdiction the Court may deal with all motor accident cases, irrespective of the amount claimed and other claims to a maximum amount of A$750,000, although it may deal with matters exceeding this amount if the parties consent. In addition, the Court may deal withequitable claims or demands for recovery of money or damages for amounts not exceeding A$750,000. The Court is also empowered to deal with applications under theProperty (Relationships) Act 1984,[9] theSuccession Act 2006,[10] that involve amounts, or property to the value of, not more than A$250,000.[11]

Residual jurisdiction

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See also:Dust Diseases Tribunal of New South Wales andWorkers Compensation Commission of New South Wales
This section needs to beupdated. Please help update this article to reflect recent events or newly available information.(March 2019)

Most of the work in residual jurisdiction is handled by the Workers Compensation Commission. However, some matters that are handled by the District Court include:

Appellate jurisdiction

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The District Court has appellate jurisdiction for decisions made by theLocal Court of New South Wales and theChildren's Court of New South Wales, where a review of both sentencing and convictions may be heard before the Court.[12]Appeals against District Court decisions are made to the Supreme Court, theCourt of Appeal or theCourt of Criminal Appeal.[12]

See also

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References

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  1. ^abDistrict Court Act 1973 (NSW).
  2. ^abcd"History". District Court of New South Wales. Retrieved13 March 2019.
  3. ^Doraisamy, Jerome (15 April 2024)."First woman appointed as Chief Judge of District Court of NSW".Lawyers Weekly. Retrieved8 June 2024.
  4. ^District Court Act 1858 (NSW).
  5. ^Foster, William John (1870).The practice of the District Courts of N.S.W (second ed.). Sydney: G. Robertson & Co.
  6. ^"Judge gets new post".The Sydney Morning Herald. 3 February 1950. p. 3. Retrieved12 March 2019 – via National Library of Australia.
  7. ^abDistrict Court (Amendment) Act 1949 (NSW)
  8. ^"Criminal Jurisdiction".Lawlink: Attorney General and Justice. Government of New South Wales. 30 October 2008. Archived fromthe original on 27 December 2011.
  9. ^Property (Relationships) Act 1984 (NSW)
  10. ^Succession Act 2006 (NSW)
  11. ^District Court Act 1973 (NSW)s 134 Jurisdiction in equity proceedings.
  12. ^ab"Appeals". District Court. Retrieved13 March 2019.
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