Judges / Masters / Registrars


The Judges of the Court

Section 25 of the Supreme Court Act 1970 provides that the Court shall be composed of a Chief Justice, a President of the Court of Appeal, and such other Judges of Appeal and Judges as the Governor may from time to time appoint. The Governor is also empowered to appoint qualified persons as Acting Judges or Acting Judges of Appeal.

The Supreme Court Act also provides that, for the more convenient dispatch of business, the Court shall be divided into the Court of Appeal and two specified Divisions: the Common Law Division and the Equity Division. The Chief Justice is, by virtue of his office, a Judge of Appeal and the senior member of the Court of Appeal. The other members of the Court of Appeal are the President and the other Judges of Appeal. The Judges of the Court are assigned to particular Divisions, and ordinarily confine their activities to the business of those Divisions. The Chief Justice can certify that it is expedient that a particular Judge should act as an additional Judge of Appeal in particular proceedings before the Court of Appeal.

The Supreme Court Act also provides that the Chief Justice may appoint Judges to administer specified lists of matters. The lists so created are identified below in the context of the Division to which the list relates.


As at 31 December 2002 the Court was composed of the following Judges:

Chief Justice
The Honourable James Jacob Spigelman AC

President of the Court of Appeal
The Honourable Keith Mason AC

Judges of Appeal
The Honourable Roderick Pitt Meagher
The Honourable Kenneth Robert Handley AO
The Honourable Charles Simon Camac Sheller
The Honourable Margaret Joan Beazley
The Honourable Paul Leon Stein AM
The Honourable Roger David Giles
The Honourable John Dyson Heydon
The Honourable David Hargraves Hodgson
The Honourable Geza Francis Kim Santow OAM
The Honourable David Andrew Ipp

Chief Judge at Common Law
The Honourable James Roland Tomson Wood AO

Chief Judge in Equity
The Honourable Peter Wolstenholme Young

Judges
The Honourable Michael Brian Grove RFD
The Honourable John Purdy Bryson
The Honourable Timothy James Studdert
The Honourable Brian Thomas Sully
The Honourable Bruce Meredith James
The Honourable William Victor Windeyer AM RFD ED
The Honourable David Daniel Levine RFD
The Honourable John Robert Dunford
The Honourable Robert Shallcross Hulme
The Honourable Barry Stanley John O'Keefe AM
The Honourable Carolyn Chalmers Simpson
The Honourable John Robert Arthur Dowd AO
The Honourable Harold David Sperling
The Honourable Peter John Hidden AM
The Honourable Graham Russell Barr
The Honourable John Perry Hamilton
The Honourable Clifford Roy Einstein
The Honourable Gregory Reginald James
The Honourable Michael Frederick Adams
The Honourable David Kirby
The Honourable Robert Peter Austin
The Honourable Patricia Anne Bergin
The Honourable Virginia Margaret Bell
The Honourable Anthony Gerard Joseph Whealy
The Honourable Roderick Neil Howie
The Honourable Peter David McClellan
The Honourable Reginald Ian Barrett
The Honourable George Alfred Palmer
The Honourable Joseph Charles Campbell
The Honourable Ian Vitaly Gzell.

During 2002 the following persons held appointment as Acting Judges of the Court and sat from time to time:

The Honourable J E H Brownie QC
(Acting Judge of Appeal)
1 January 2002 to 31 December 2002

The Honourable J D Davies QC
(Acting Judge of Appeal)
1 January 2002 to 31 December 2002

The Honourable M L Foster QC
(Acting Judge of Appeal)
1 January 2002 to 31 December 2002

The Honourable D A Ipp, Judge of the Supreme Court of Western Australia
(until 31 Jan 2002)
(Acting Judge of Appeal)
1 January 2002 to 20 October 2002

The Honourable J H Mathews
(Acting Judge of Appeal)
1 January 2002 to 31 December 2002

The Honourable R F Smart QC
1 January 2002 to 31 December 2002

The Honourable K J Carruthers QC
1 January 2002 to 31 December 2002

The Honourable M D Ireland QC
1 January 2002 to 31 December 2002

The Honourable P J Newman RFD QC
1 January 2002 to 31 December 2002

The Honourable M R Einfeld AO QC*
1 January 2002 to 2 May 2002

The Honourable T S Davidson QC
1 January 2002 to 31 December 2002

The Honourable J C S Burchett QC
1 January 2002 to 31 December 2002

The Honourable J S Cripps QC
24 January 2002 to 31 December 2002

The Honourable M L Pearlman AM, Chief Judge of the Land and Environment Court
(Acting Judge of Appeal)
6 May 2002 to 31 May 2002

J L O’Meally AM RFD, President of the Dust Diseases Tribunal
6 May 2002 to 31 May 2002

The Honourable K V Taylor AM RFD
6 May 2002 to 28 June 2002

The Honourable M W Campbell, Chief Judge of the Compensation Court
(Acting Judge of Appeal)
3 June 2002 to 28 June 2002

The Honourable R O Blanch, Chief Judge of the District Court
3 June 2002 to 28 June 2002

Richard Hugh Macready, a Master of the Supreme Court of NSW
29 July 2002 to 20 December 2002

The Honourable H L Cooper
30 September 2002 to 20 December 2002.

*While the Honourable M R Einfeld AO QC held a commission he did not sit as an Acting Judge during that time.


APPOINTMENTS AND RETIREMENTS

Terence Lionel Buddin SC was appointed a Judge of the Court on 30 January 2002. Ian Vitaly Gzell QC was appointed a Judge of the Court on 4 February 2002. The Honourable Acting Justice D A Ipp was appointed a Judge and a Judge of Appeal on 21 October 2002.

The Honourable Philip Ernest Powell AM retired as a Judge of Appeal on 8 November 2002. The Honourable Robert Leslie Hunter retired as a Judge of the Court on 21 July 2002.

The Honourable Jeremy Badgery-Parker QC died on 12 January 2002 after a short illness.



The Masters

Pursuant to section 111 of the Supreme Court Act 1970 the Governor may appoint Masters of the Court. They are ordinarily assigned either to the Common Law Division or to the Equity Division although, in the interests of flexibility, they are given power to act outside the Division to which they are primarily assigned.


As at 31 December 2002 the following Masters were in office:

John Kennedy McLaughlin
Bryan Arthur Malpass
Richard Hugh Macready
Joanne Ruth Harrison.

Grahame James Berecry, Registrar in Equity, held a commission as an Acting Master of the Supreme Court from 28 May 2002 to 27 May 2003. He served as such from 29 July 2002 to 20 December 2002. At the same time Richard Hugh Macready, a Master of the Court, held a commission as an Acting Judge.

The main work of the Common Law Masters is the trial (without a jury) of personal injury and possession cases, the trial (without a jury) of other proceedings referred to the Masters by a Judge or by the Court of Appeal, appeals from the Local Court and various tribunals and appeals from determinations of costs assessors.

The main work of the Equity Masters is the hearing of proceedings under the Family Provision Act 1982, Property (Relationships) Act 1984, Corporations Act 2001 (Commonwealth) and the trial of other proceedings referred to the Masters by a Judge or by the Court of Appeal. The Masters also deal with statutory applications under various Acts.

In addition to the foregoing trial work, the Masters deal with most interlocutory matters that cannot be dealt with by a Registrar. The Masters' principal interlocutory work consists of applications for orders for summary relief and for the extension of time to commence proceedings under various Acts. Applications for review of a Registrar's decision are also dealt with by Masters.

The Registrars

Pursuant to section 120 of the Supreme Court Act 1970 the Governor may appoint Registrars of the Court of Appeal and of each Division and such other officers as necessary. In the interest of flexibility, however, they are also authorised to exercise the powers of any other Registrar as required.

As at 31 December 2002 the Principal Registrar, Prothonotary, Registrars, Assistant Registrar, Senior Deputy Registrars and Deputy Registrars were:

Principal Registrar
Nerida Ann Johnston

Prothonotary
Jerry Riznyczok (acting)

Registrar of the Court of Criminal Appeal
Bruce Russell Howe (acting)

Registrar of the Court of Appeal
Peter John Schell

Registrar in Equity
Deborah Valerie Robinson (acting)

Registrar in Probate
Jonathan Edward Finlay

Assistant Registrar, Common Law
Michael Whitehead (acting)

Senior Deputy Registrars
Paul Studdert
Philippa Claire Wearne (acting)

Deputy Registrars
Emoke Ildiko Durkin
Geoffrey Noel Haggett
Bhaskari Siva
Suzin Yoo
Antoinette Younes
Leonie Walton (acting).

The Registrars are empowered by the Supreme Court Rules to perform specified duties, some of which were formerly undertaken by Judges and Masters.

The work of Registrars includes defended applications in relation to security for costs, discovery, interrogatories, provision of particulars, subpoenas and costs (where it is unlikely, in the opinion of the Registrar, that the costs will exceed $20,000). Registrars deal with unopposed applications for removal of cases to or from the District Court, conduct examinations under the Corporations Act 2001 (Commonwealth), Proceeds of Crime Act 1987 (Commonwealth) and other Acts and hear evidence on commission. Applications for orders under many of the provisions of the Corporations Act 2001 (Commonwealth) are also dealt with by Registrars.

In the Court of Appeal the Registrar deals with most interlocutory applications other than applications to stay judgments pending an appeal. The Registrar also case-manages and lists most appeals and applications for leave to appeal, other than those cases that have been referred to a Judge of Appeal for special case management.

The duties of the Registrars in connection with the Court of Criminal Appeal and Equity Division are discussed elsewhere in this Review.

The powers which are specifically assigned to them by the Supreme Court Rules permit Registrars to directly assist the Judges in case management. In the Differential Case Management List the Registrars are involved in conducting status conferences and final conferences. At status conferences the Registrar gives directions to ensure the case is ready for hearing by the compliance date. Registrars also assist the Possession List and Professional Negligence List Judges.

Registrars are able to make costs orders against legal practitioners when appropriate.

Any trial, hearing or matter a Master may conduct or deal with may be referred to a Registrar by a Master by order.

Supreme Court cases may also be mediated by Registrars who are qualified mediators. As at 31 December 2002 there were eight Registrars qualified to mediate cases referred by the Court.

Deputy Registrars act, on a rostered basis, as Duty Registrar and in that capacity provide information on the Court's procedures. They also attend to the issue of court orders and writs of execution and other miscellaneous matters.