Supreme Court of Queensland: Difference between revisions
Updated list of judges of appeal. (Involved removing two now retired; and moving two from ordinary bench namely Bond and Mullins) |
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{{Short description|Highest court in the state of Queensland, Australia}} |
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{{Use Australian English|date=August 2016}} |
{{Use Australian English|date=August 2016}} |
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{{Use dmy dates|date=March 2018}} |
{{Use dmy dates|date=March 2018}} |
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{{Infobox court |
{{Infobox court |
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|court_name |
| court_name = Supreme Court of Queensland |
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|image |
| image = Coat of Arms of Queensland.svg |
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|imagesize |
| imagesize = 150px |
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⚫ | |||
|image2 |
| image2 = File:Queen Elizabeth II Courts of Law, Brisbane, 2024.jpg |
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|imagesize2 |
| imagesize2 = 250px |
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|caption2 |
| caption2 = Façade of the [[Queen Elizabeth II Courts of Law, Brisbane|Queen Elizabeth II Courts of Law]] building in [[Brisbane]]—the main sitting location of the Court. |
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|established |
| established = {{start date|1861|08|07|df=y}} |
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|jurisdiction |
| jurisdiction = [[Queensland]] |
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|location |
| location = [[Brisbane]] |
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|coordinates |
| coordinates = {{Coord|27|28|4|S|153|1|14|E|scale:781_type:landmark_region:AU|display=title,inline}}<!-- {{coord|45.000|-122.000|display=inline,title}} --> |
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|type |
| type = Judges appointed by the [[Governor of Queensland|governor]] on the [[Advice (constitutional law)|advice]] of the [[Premier of Queensland|premier]] (following consultation with the [[Attorney-General of Queensland|attorney-general]] and [[Cabinet (government)|Cabinet]]) |
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|authority |
| authority = [[Queensland Parliament]] via the: {{unbulleted list|{{Cite Legislation AU|Qld|act|ca1867188|Constitution Act 1867}}|{{Cite Legislation AU|Qld|act|scoqa1991304|Supreme Court Act 1991}}}} |
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|appealsto = [[High Court of Australia]] |
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| appealsto = [[High Court of Australia]] |
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| appealsfrom = [[District Court of Queensland]] |
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|terms |
| terms = {{nowrap|mandatory retirement by age of 70}} |
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|positions |
| positions = 26 |
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|website |
| website = {{URL|www.courts.qld.gov.au/courts/supreme-court|www.courts.qld.gov.au}} |
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⚫ | |||
| chiefjudgetitle = [[Chief Justice of Queensland]] |
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|chiefjudgename |
| chiefjudgename = [[Helen Bowskill]] |
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|termstart |
| termstart = {{start date|2015|09|07|df=y}} |
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|chiefjudgetitle2 = President of the Court of Appeal |
| chiefjudgetitle2 = President of the Court of Appeal |
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|chiefjudgename2 = [[Walter Sofronoff]] {{post-nominals|country=AUS|QC}} |
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| chiefjudgename2 = [[Debra Mullins]] |
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|termstart2 |
| termstart2 = {{start date|2017|04|03|df=y}} |
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|chiefjudgetitle3 = Senior Judge Administrator, Trial Division |
| chiefjudgetitle3 = Senior Judge Administrator, Trial Division |
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|chiefjudgename3 |
| chiefjudgename3 = [[Glenn Martin (judge)|Glenn Martin]] |
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|termstart3 |
| termstart3 = {{start date|2021|08|24|df=y}} |
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}} |
}} |
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The '''Supreme Court of Queensland''' is the highest [[court]] in the Australian State of [[Queensland]].<ref name="SC Gov">{{cite web|title=Supreme Court|url=http://www.courts.qld.gov.au/courts/supreme-court|publisher=[[Government of Queensland]]|access-date=30 June 2013|work=Department of Justice and Attorney-General (Queensland)|url-status=live|archive-url=https://web.archive.org/web/20130630191913/http://www.courts.qld.gov.au/courts/supreme-court|archive-date=30 June 2013|df=dmy-all}}</ref> It was formerly the '''Brisbane Supreme Court''', in the [[colony of Queensland]]. |
The '''Supreme Court of Queensland''' is the highest [[court]] in the Australian State of [[Queensland]].<ref name="SC Gov">{{cite web|title=Supreme Court|url=http://www.courts.qld.gov.au/courts/supreme-court|publisher=[[Government of Queensland]]|access-date=30 June 2013|work=Department of Justice and Attorney-General (Queensland)|url-status=live|archive-url=https://web.archive.org/web/20130630191913/http://www.courts.qld.gov.au/courts/supreme-court|archive-date=30 June 2013|df=dmy-all}}</ref> It was formerly the '''Brisbane Supreme Court''', in the [[colony of Queensland]]. |
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The [[original jurisdiction]] of the Supreme Court allows its trial division to hear [[civil law (common law)|civil]] matters involving claims of more than |
The [[original jurisdiction]] of the Supreme Court allows its trial division to hear [[civil law (common law)|civil]] matters involving claims of more than $750,000; [[criminal law|criminal]] matters involving serious offences (including [[murder]] and [[manslaughter]]); and matters arising under the ''[[Corporations Act 2001]]'' (Cth) and cross-vesting legislation.<ref name="SC Gov" /> A [[jury]] decides whether the defendant is [[guilt (law)|guilty]] or not guilty. The division also hears all civil matters involving amounts of more than $750,000. A jury may decide these disputes. |
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The [[appellate jurisdiction]] of the Supreme Court allows its Court of Appeal to hear cases on appeal from the [[District Court of Queensland|District Court]], the trial division of the Supreme Court, and a number of other judicial tribunals in Queensland.<ref name="SC Gov" /> 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. |
The [[appellate jurisdiction]] of the Supreme Court allows its Court of Appeal to hear cases on appeal from the [[District Court of Queensland|District Court]], the trial division of the Supreme Court, and a number of other judicial tribunals in Queensland.<ref name="SC Gov" /> 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. |
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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.<ref name=archives>{{cite web|last1=Robinson |first1=Shirleene |title=150 years of the Supreme Court of Queensland |url=http://archives.qld.gov.au/Researchers/History/HistoricalEssays/Pages/QldSupremeCourt.aspx |publisher=[[Queensland State Archives]] |access-date=11 November 2014 |url-status=dead |archive-url=https://web.archive.org/web/20141111034930/http://archives.qld.gov.au/Researchers/History/HistoricalEssays/Pages/QldSupremeCourt.aspx |archive-date=11 November 2014 |df=dmy }}</ref> |
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.<ref name=archives>{{cite web|last1=Robinson |first1=Shirleene |title=150 years of the Supreme Court of Queensland |url=http://archives.qld.gov.au/Researchers/History/HistoricalEssays/Pages/QldSupremeCourt.aspx |publisher=[[Queensland State Archives]] |access-date=11 November 2014 |url-status=dead |archive-url=https://web.archive.org/web/20141111034930/http://archives.qld.gov.au/Researchers/History/HistoricalEssays/Pages/QldSupremeCourt.aspx |archive-date=11 November 2014 |df=dmy }}</ref> |
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Prior to [[separation of Queensland]] from [[New South Wales]], the former naval officer, Captain [[John Clements Wickham]], tried minor crimes in the [[Moreton Bay|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]].<ref name=archives/>[[File:Queensland State Archives 2705 Rockhampton Supreme Court corner East and Fitzroy Streets Rockhampton c 1890.png|thumb|[[Rockhampton]] Supreme Court, {{circa|1890}}|left]]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 classical revival style. The [[Rockhampton Courthouse|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, Queensland|Mackay]], [[Cairns]], [[Longreach]], [[Maryborough, Queensland|Maryborough]], [[Roma, Queensland|Roma]] and [[Townsville]].<ref name="archives" /> |
Prior to [[separation of Queensland]] from [[New South Wales]], the former naval officer, Captain [[John Clements Wickham]], tried minor crimes in the [[Moreton Bay|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]].<ref name=archives/>[[File:Queensland State Archives 2705 Rockhampton Supreme Court corner East and Fitzroy Streets Rockhampton c 1890.png|thumb|[[Rockhampton]] Supreme Court, {{circa|1890}}|left]]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 [[Rockhampton Courthouse|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, Queensland|Mackay]], [[Cairns]], [[Longreach]], [[Maryborough, Queensland|Maryborough]], [[Roma, Queensland|Roma]] and [[Townsville]].<ref name="archives" /> |
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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.<ref name=archives/> |
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.<ref name=archives/> |
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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, Brisbane|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 |
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, Brisbane|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.<ref name=archives/> |
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[[File:StateLibQld 1 107644 Supreme Court building, Brisbane, ca. 1891.jpg|thumb|Supreme Court building, [[Brisbane]], |
[[File:StateLibQld 1 107644 Supreme Court building, Brisbane, ca. 1891.jpg|thumb|Supreme Court building, [[Brisbane]], {{circa|1891}}|left]] |
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[[File:Architectural plans for the Law Courts, Brisbane, constructed 1880.jpg|thumb|Architectural plans for the first Law Courts, constructed 1880]] |
[[File:Architectural plans for the Law Courts, Brisbane, constructed 1880.jpg|thumb|Architectural plans for the first Law Courts, constructed 1880]] |
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On 6 March 1879, the new Supreme Court opened. The entrance on the [[North Quay, Brisbane|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.<ref name="archives" /> |
On 6 March 1879, the new Supreme Court opened. The entrance on the [[North Quay, Brisbane|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.<ref name="archives" /> |
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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 of Australia|federation]] that any state had used that method to remove a sitting judge from a Supreme Court.<ref name="taj">{{cite book |title=The Australian Judiciary |last=Campbell |first=Enid |author2=Lee, H. P. |author3=Campbell, Enid Mona |year=2013 |publisher=Cambridge University Press |isbn=978-0521769167 |pages=120–121 |url=https://books.google.com/books?id=noynJZuGM0YC |access-date=15 October 2015 |url-status=live |archive-url=https://web.archive.org/web/20160307033349/https://books.google.com.au/books?id=noynJZuGM0YC |archive-date=7 March 2016 |df=dmy-all }}</ref> 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 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 of Australia|federation]] that any state had used that method to remove a sitting judge from a Supreme Court.<ref name="taj">{{cite book |title=The Australian Judiciary |last=Campbell |first=Enid |author2=Lee, H. P. |author3=Campbell, Enid Mona |year=2013 |publisher=Cambridge University Press |isbn=978-0521769167 |pages=120–121 |url=https://books.google.com/books?id=noynJZuGM0YC |access-date=15 October 2015 |url-status=live |archive-url=https://web.archive.org/web/20160307033349/https://books.google.com.au/books?id=noynJZuGM0YC |archive-date=7 March 2016 |df=dmy-all }}</ref> 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]]. |
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In 2008, a |
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, Brisbane|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]].<ref name="QE2 Courts of Law"/> The precinct occupies an entire city block between George, Roma, and [[Turbot Street, Brisbane|Turbot]] streets.<ref name=archives/> |
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==Composition== |
==Composition== |
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{{Queensland_court_hierarchy}} |
{{Queensland_court_hierarchy}} |
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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 of Queensland|Chief Justice |
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 of Queensland|Chief Justice Helen Bowskill]]) who sits in both the Trial Division and the Court of Appeal. |
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The Court of Appeal comprises the President (currently |
The Court of Appeal comprises the President (currently [[Debra Mullins|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 (judge)|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. |
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Appeals from: |
Appeals from: |
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* |
* The Trial Division is heard by the Court of Appeal; and |
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* |
* The Court of Appeal is heard by the [[High Court of Australia]]. |
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The Court of Appeal also hears appeals from the [[District Court of Queensland]]. |
The Court of Appeal also hears appeals from the [[District Court of Queensland]]. |
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Judges of the Court {{as of| |
Judges of the Court {{as of|2022|3|lc=y}} are: |
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{|class="wikitable sortable" border="1" || |
{|class="wikitable sortable" border="1" || |
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| {{sort|03|President, Court of Appeal}} |
| {{sort|03|President, Court of Appeal}} |
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| [[ |
| [[Debra Mullins|Debra Mullins AO]]|| {{dts|2017|04|03|format=dmy}} || {{ayd|2017|04|03}} || <ref name="judges sc" /> |
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| rowspan="5" | {{sort|04|Judge of Appeal}} |
| rowspan="5" | {{sort|04|Judge of Appeal}} |
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| [[John Bond (Australian judge)|John K. Bond]] || {{dts|2021|04|22|format=dmy}} || align=right| {{ayd|2021|04|22}} |
| [[John Bond (Australian judge)|John K. Bond]] || {{dts|2021|04|22|format=dmy}} || align=right| {{ayd|2021|04|22}} |
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|<ref name="judges sc" /><ref>{{Cite web|url=http://www.sclqld.org.au/judicial-papers/judicial-profiles/profiles/jkbond|title=Judicial Profiles: The Honourable Justice John K Bond|website |
|<ref name="judges sc" /><ref>{{Cite web|url=http://www.sclqld.org.au/judicial-papers/judicial-profiles/profiles/jkbond|title=Judicial Profiles: The Honourable Justice John K Bond|website=Supreme Court Library Queensland|access-date=19 September 2016|url-status=live|archive-url=https://web.archive.org/web/20160623103506/http://sclqld.org.au/judicial-papers/judicial-profiles/profiles/jkbond|archive-date=23 June 2016|df=dmy-all}}</ref> |
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|- |
|- |
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| [[Hugh Fraser (judge)|Hugh Fraser]] || {{dts|2008|01|25|format=dmy}} || align=right| {{ayd|2008|01|25}} |
| [[Hugh Fraser (judge)|Hugh Fraser]] || {{dts|2008|01|25|format=dmy}} || align=right| {{ayd|2008|01|25}} |
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|- |
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| {{sort|07|Senior Judge Administrator}} |
| {{sort|07|Senior Judge Administrator}} |
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| [[ |
| [[Glenn Martin (judge)|Glenn Martin]] {{post-nominals|country=AUS|AM}} || {{dts|2022|03|25|format=dmy}} || align=right| {{ayd|2022|03|25}} |
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|<ref name="judges sc" /> |
|<ref name="judges sc" /> |
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|- |
|- |
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| rowspan=" |
| rowspan="19" | {{sort|09|Judge}} |
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| [[Peter Applegarth]] {{post-nominals|country=AUS|AM}}|| {{dts|2008|08|28|format=dmy}} || align=right| {{ayd|2008|08|28}} ||<ref name="judges sc">{{cite web|title=Judges|url=https://www.courts.qld.gov.au/contacts/judiciary-contacts/judges-of-the-supreme-court|publisher=Supreme Court (Qld)|access-date=28 September 2018}}</ref> |
| [[Peter Applegarth]] {{post-nominals|country=AUS|AM}}|| {{dts|2008|08|28|format=dmy}} || align=right| {{ayd|2008|08|28}} ||<ref name="judges sc">{{cite web|title=Judges|url=https://www.courts.qld.gov.au/contacts/judiciary-contacts/judges-of-the-supreme-court|publisher=Supreme Court (Qld)|access-date=28 September 2018}}</ref> |
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|<ref name="judges sc" /> |
|<ref name="judges sc" /> |
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|- |
|- |
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| [[Thomas Bradley]] || {{dts|2018|12|03|format=dmy}} || align=right| {{ayd|2018|12|03}} |
| [[Thomas Bradley (judge)|Thomas Bradley]] || {{dts|2018|12|03|format=dmy}} || align=right| {{ayd|2018|12|03}} |
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|<ref name="judges sc" /> |
|<ref name="judges sc" /> |
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|- |
|- |
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|<ref name="judges sc" /> |
|<ref name="judges sc" /> |
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|- |
|- |
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| [[Martin Burns]] || {{dts|2014|12|18|format=dmy}} || align=right| {{ayd|2014|12|18}} |
| [[Martin Burns (judge)|Martin Burns]] || {{dts|2014|12|18|format=dmy}} || align=right| {{ayd|2014|12|18}} |
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|<ref name="judges sc" /> |
|<ref name="judges sc" /> |
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|- |
|- |
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|<ref name="judges sc" /><ref>{{Cite web|url=http://www.sclqld.org.au/judicial-papers/judicial-profiles/profiles/djjackson|title=Judicial Profile: The Honourable Justice David J Jackson|publisher=Supreme Court Library Queensland|access-date=19 September 2016|url-status=live|archive-url=https://web.archive.org/web/20160422204318/http://www.sclqld.org.au/judicial-papers/judicial-profiles/profiles/djjackson|archive-date=22 April 2016|df=dmy-all}}</ref> |
|<ref name="judges sc" /><ref>{{Cite web|url=http://www.sclqld.org.au/judicial-papers/judicial-profiles/profiles/djjackson|title=Judicial Profile: The Honourable Justice David J Jackson|publisher=Supreme Court Library Queensland|access-date=19 September 2016|url-status=live|archive-url=https://web.archive.org/web/20160422204318/http://www.sclqld.org.au/judicial-papers/judicial-profiles/profiles/djjackson|archive-date=22 April 2016|df=dmy-all}}</ref> |
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|- |
|- |
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| [[Declan Kelly]] || {{dts|2021|09|06|format=dmy}} || align=right| {{ayd|2021|09|06}} |
| [[Declan Kelly (judge)|Declan Kelly]] || {{dts|2021|09|06|format=dmy}} || align=right| {{ayd|2021|09|06}} |
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|<ref name="judges sc" /> |
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| [[Glenn Martin (judge)|Glenn Martin]] || {{dts|2007|08|31|format=dmy}} || align=right| {{ayd|2007|08|31}} |
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|<ref name="judges sc" /> |
|<ref name="judges sc" /> |
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|- |
|- |
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|<ref name="judges sc" /> |
|<ref name="judges sc" /> |
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|- |
|- |
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| [[Frances Williams]] || {{dts|2020|2|17|format=dmy}} || align=right| {{ayd|2020|2|17}} |
| [[Frances Williams (judge)|Frances Williams]] || {{dts|2020|2|17|format=dmy}} || align=right| {{ayd|2020|2|17}} |
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|<ref name="judges sc" /> |
|<ref name="judges sc" /> |
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|} |
|} |
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* Sir [[Edward Williams (judge)|Edward Williams]] |
* Sir [[Edward Williams (judge)|Edward Williams]] |
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* Sir [[William Webb (judge)|William Webb]], later appointed to the [[High Court of Australia]] and served as President of the [[International Military Tribunal for the Far East]] |
* Sir [[William Webb (judge)|William Webb]], later appointed to the [[High Court of Australia]] and served as President of the [[International Military Tribunal for the Far East]] |
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* [[Angelo Vasta]], the first Superior Court judge removed from office through an act of Parliament |
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==Facilities== |
==Facilities== |
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* [[List of Queensland courts and tribunals]] |
* [[List of Queensland courts and tribunals]] |
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* [[List of Judges of the Supreme Court of Queensland]] |
* [[List of Judges of the Supreme Court of Queensland]] |
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*[https://www.queenslandjudgments.com.au/qld-ucpr UCPR QLD] |
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== References == |
== References == |
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=== Attribution === |
=== Attribution === |
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* [[File:CC |
* [[File:CC BY icon-80x15.png]] This Wikipedia article incorporates text from [https://web.archive.org/web/20141111034930/http://archives.qld.gov.au/Researchers/History/HistoricalEssays/Pages/QldSupremeCourt.aspx ''"150 years of the Supreme Court of Queensland"''] by Dr. Shirleene Robinson published by the [[State of Queensland]] under [https://creativecommons.org/licenses/by/3.0/au/ CC-BY 3.0 AU] licence (accessed on 11 November 2014, [https://web.archive.org/web/20141111034930/http://archives.qld.gov.au/Researchers/History/HistoricalEssays/Pages/QldSupremeCourt.aspx archived] on 11 November 2014). |
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==External links== |
==External links== |
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{{Government of Queensland}} |
{{Government of Queensland}} |
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{{Australian Courts}} |
{{Australian Courts}} |
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{{Judges of the Supreme Court of Queensland}} |
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{{Authority control}} |
{{Authority control}} |
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<!-- categorized as an appellate court since it has an appeal division --> |
<!-- categorized as an appellate court since it has an appeal division --> |
Latest revision as of 10:15, 17 April 2024
Supreme Court of Queensland | |
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27°28′4″S 153°1′14″E / 27.46778°S 153.02056°E | |
Established | 7 August 1861 |
Jurisdiction | Queensland |
Location | Brisbane |
Coordinates | 27°28′4″S 153°1′14″E / 27.46778°S 153.02056°E |
Composition method | Judges appointed by the governor on the advice of the premier (following consultation with the attorney-general and Cabinet) |
Authorized by | Queensland Parliament via the:
|
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 |
President of the Court of Appeal | |
Currently | Debra Mullins |
Since | 3 April 2017 |
Senior Judge Administrator, Trial Division | |
Currently | Glenn Martin |
Since | 24 August 2021 |
The Supreme Court of Queensland is the highest court in the Australian State of Queensland.[1] It was formerly the Brisbane Supreme Court, in the colony of Queensland.
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.[1] 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.[1] 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[edit]
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.[2]
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.[2]
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.[2]
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.[2]
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.[2]
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.[2]
On the night of 2 September 1968, the building that housed the Brisbane Supreme Court was damaged by arson.[3] 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.[2]
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.[4] 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.[5] The precinct occupies an entire city block between George, Roma, and Turbot streets.[2]
Composition[edit]
Queensland Court Hierarchy |
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Federal Law Courts |
Queensland Law Courts |
|
Tribunals |
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[update] are:
Position | Name | Date appointed | Term in office | Notes |
---|---|---|---|---|
Chief Justice | Helen Bowskill | 22 March 2022 | 2 years, 62 days | [6] |
President, Court of Appeal | Debra Mullins AO | 3 April 2017 | 7 years, 50 days | [6] |
Judge of Appeal | John K. Bond | 22 April 2021 | 3 years, 31 days | [6][7] |
Hugh Fraser | 25 January 2008 | 16 years, 119 days | [6] | |
Philip McMurdo | 24 November 2015 | 8 years, 181 days | [6] | |
Philip M. Morrison | 1 August 2013 | 10 years, 296 days | [6] | |
Debra Mullins AO | 12 December 2019 | 4 years, 163 days | [6] | |
Senior Judge Administrator | Glenn Martin AM | 25 March 2022 | 2 years, 59 days | [6] |
Judge | Peter Applegarth AM | 28 August 2008 | 15 years, 269 days | [6] |
David Boddice | 2 July 2010 | 13 years, 326 days | [6] | |
Thomas Bradley | 3 December 2018 | 5 years, 172 days | [6] | |
Susan Brown | 16 December 2016 | 7 years, 159 days | [6] | |
Martin Burns | 18 December 2014 | 9 years, 157 days | [6] | |
Graeme Crow | 26 February 2018 | 6 years, 87 days | [6] | |
Jean Dalton | 24 February 2011 | 13 years, 89 days | [6] | |
Martin Daubney | 13 July 2007 | 16 years, 315 days | [6] | |
James Douglas | 27 November 2003 | 20 years, 178 days | [6] | |
Paul Freeburn | 20 May 2021 | 3 years, 3 days | [6] | |
Peter Flanagan | 27 June 2014 | 9 years, 331 days | [6][8] | |
James Henry | 12 September 2011 | 12 years, 254 days | [6] | |
David Jackson | 8 October 2012 | 11 years, 228 days | [6][9] | |
Declan Kelly | 6 September 2021 | 2 years, 260 days | [6] | |
Duncan McMeekin | 15 October 2007 | 16 years, 221 days | [6] | |
Kerri Mellifont | 4 November 2021 | 2 years, 232 days | [6] | |
David North | 18 July 2011 | 12 years, 310 days | [6] | |
Soraya Ryan | 9 March 2018 | 6 years, 75 days | [6] | |
Frances Williams | 17 February 2020 | 4 years, 96 days | [6] |
Noted former judges[edit]
- 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[10]
- Robert Johnstone Douglas, son of Queensland Premier, John Douglas [11]
- 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[edit]
The Supreme Court sits mainly in the Queen Elizabeth II Courts of Law in Brisbane, which also houses the District Court.[5] The court began operating out of this facility on 27 August 2012, prior to which it was located in the Law Courts Complex.[5]
The court also has judges permanently appointed to sit in Rockhampton, Townsville and Cairns, and regularly sits in other regional districts.[6]
See also[edit]
- Australian court hierarchy
- Judiciary of Australia
- List of Queensland courts and tribunals
- List of Judges of the Supreme Court of Queensland
References[edit]
Citations[edit]
- ^ a b c "Supreme Court". Department of Justice and Attorney-General (Queensland). Government of Queensland. Archived from the original on 30 June 2013. Retrieved 30 June 2013.
- ^ a b c d e f g h Robinson, Shirleene. "150 years of the Supreme Court of Queensland". Queensland State Archives. Archived from the original on 11 November 2014. Retrieved 11 November 2014.
- ^ "Labourer 'set fire to court'". The Canberra Times. 6 September 1968. p. 3. Retrieved 11 November 2014 – via National Library of Australia.
- ^ Campbell, Enid; Lee, H. P.; Campbell, Enid Mona (2013). The Australian Judiciary. Cambridge University Press. pp. 120–121. ISBN 978-0521769167. Archived from the original on 7 March 2016. Retrieved 15 October 2015.
- ^ a b c "New Brisbane Supreme and District Court". Department of Justice and Attorney General (Queensland). Government of Queensland. Archived from the original on 21 August 2013. Retrieved 15 July 2013.
- ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab "Judges". Supreme Court (Qld). Retrieved 28 September 2018.
- ^ "Judicial Profiles: The Honourable Justice John K Bond". Supreme Court Library Queensland. Archived from the original on 23 June 2016. Retrieved 19 September 2016.
- ^ "Judicial Profiles: The Honourable Justice Peter Flanagan". Supreme Court Library Queensland. Archived from the original on 26 February 2017. Retrieved 19 September 2016.
- ^ "Judicial Profile: The Honourable Justice David J Jackson". Supreme Court Library Queensland. Archived from the original on 22 April 2016. Retrieved 19 September 2016.
- ^ McPherson, B. H. Douglas, Edward Archibald (1877–1947). Canberra: National Centre of Biography, Australian National University. Archived from the original on 29 December 2014.
- ^ McPherson, B. H. Douglas, Robert Johnstone (1883–1972). Canberra: National Centre of Biography, Australian National University. Archived from the original on 5 March 2016.
Sources[edit]
- "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[edit]
- 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).