What is the Supreme Courts primary responsibility?

The judicial officers of the Supreme Court of Victoria are its judges, associate judges and judicial registrars. For a current list of our judiciary see our Judicial Organisational Chart.

The past judges and associate judges page lists all past judicial officers dating back to 1852.

Judges 

Judges preside over court proceedings, either alone, as part of a panel or with a jury. Most importantly they are impartial decision-makers in the pursuit of justice. The judge provides an independent and impartial assessment of the facts and how the law applies to those facts. Their role is to interpret the law, assess the evidence and control how hearings and trials are conducted.

How judges are appointed

Supreme Court judges are appointed by the Governor of Victoria upon recommendation by the Attorney-General after consultation with the Chief Justice. Judges must retire when they reach the age of 70.

View the list of current Supreme Court judges.

Reserve judges

Reserve judges are either retired or interstate judges who have been appointed as reserve judges of the Supreme Court under the Constitution Act 1975. Appointments are made by the Governor in Council for a period of five years with engagements to undertake the duties of a judge of the Court made by the Chief Justice during that period. 

Associate judges 

Associate judges generally hear and determine civil disputes before and after trial.

They are also responsible for much of the preparatory work in the civil jurisdiction that otherwise would be carried out by a judge.

You can learn more about the role and judicial function of the Supreme Court's associate judges including how they are appointed.

Judicial registrars

Judicial registrars assist the judges and associate judges in managing their workload in an efficient way, without compromising either the independence or quality of judicial decision making.

Judicial registrars are appointed by the Governor in Council on the recommendation of the Attorney-General.

Registrar of Criminal Appeals 

The registrar's role is to work with the parties to prepare an appeal for hearing before judges of the Court of Appeal. The registrar of the Court of Appeal will often hear and determine various applications relating to an appeal, prior to the hearing of the actual appeal.

Registrar of the Court of Appeal 

The registrar of the Court of Appeal also has general responsibility for the registry of the Court of Appeal; constant liaison with the President and frequent contact with the other judges of the Court of Appeal; and general responsibility for all matters arising in the civil jurisdiction of the Court of Appeal, including applications to an associate judge.

We provide advice to government on issues about the federal courts. These include:

  • the conferral of jurisdiction on courts and related issues
  • the role, structure and administration of the federal courts
  • court operations and resources
  • matters arising under legislation relating to federal courts and judiciary
  • judicial and other statutory appointments to federal courts
  • terms and conditions applying to federal judicial officers.

Separation of powers and independence of judges

The power to make laws in Australia is divided between the executive, the parliament and the judiciary. This is known as the separation of powers doctrine and is an essential feature of the Australian system of government.

Under Australia’s Constitution, our judiciary is independent from the other arms of government. The separation of powers doctrine means that in interpreting and applying the law, judicial officers act independently and without interference from the parliament or the executive. The constitutional guarantees of tenure and remuneration assist in securing judicial independence.

Federal judicial officers are appointed by the government of the day and cannot be removed from office except on the grounds of proved misbehavior or incapacity. The remuneration of judicial officers cannot be reduced while the judge holds office.

Australia’s federal courts

Chapter III of the Constitution establishes the High Court of Australia and empowers parliament to create other federal courts and to vest federal judicial power in state and territory courts.

There are 3 principal federal courts:

High Court of Australia

The High Court of Australia is the highest court and the final court of appeal in Australia

It hears matters involving a dispute about the meaning of the Constitution, as well as final appeals in civil and criminal matters from all courts in Australia.

Federal Court of Australia

The Federal Court of Australia hears matters on a range of different subject matter including:

  • bankruptcy
  • corporations
  • industrial relations
  • native title
  • taxation and trade practices laws.

It also hears appeals from decisions (except family law decisions) of the Federal Circuit Court.

Federal Circuit and Family Court of Australia

The Federal Circuit and Family Court of Australia (FCFCOA) commenced operation on 1 September 2021.

It compromises 2 divisions:

  • Division 1 is a continuation of the Family Court of Australia and deals only with family law matters.
  • Division 2 is a continuation of the Federal Circuit Court of Australia and deals with both family law and general law matters. It will hear less complex family law matters and disputes in administrative law, admiralty law, bankruptcy, copyright, human rights, industrial law, migration, privacy and trade practices.

All federal family law matters will be filed in Division 2 and then, if required, will progress to Division 1.

Division 1 retains jurisdiction to hear family law appeals and all Division 1 judges are able to hear appeals as either a single judge or as part of a Full Court.

The FCFCOA sits in each state and territory except Western Australia, where family law matters are heard by a state court: the Family Court of Western Australia.

State and territory courts

Each state and territory has their own laws and court system. State and territory courts fall within the responsibilities of the relevant state or territory Attorney‑General or Minister for Justice.

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The Supreme Court is the State's highest court and is divided into two divisions - the General Division and the Court of Appeal.

The General Division

Civil and criminal actions are determined in the general division.

The General Division deals with only the most serious offences such as homicide and related offences, and serious breaches of Commonwealth drug enforcement laws. Judges generally preside over jury trials, where a jury of 12 members of the community decide if an individual is guilty or not guilty of a criminal charge. The General Division also hears appeals from decisions of magistrates sitting in criminal matters in the Magistrates Court.

The Division also deals with civil matters of a complex nature or where the amount involved in a dispute is more than $750,000, as well as applications for injunctions and other forms of relief. In Western Australia, most civil trials are heard without a jury.

Civil actions are heard by a single judge. Prior to hearing they are usually managed by a registrar who gives directions to the parties to try and ensure that each case settles by agreement between the parties or proceeds to trial in the quickest, most cost effective way, consistently with the need to provide a just outcome. In certain circumstances, civil actions are managed by a judge.

The Supreme Court deals with all matters involving wills and the administration of deceased estates. This includes appointing a person to deal with a deceased person's property following death.

The Court of Appeal

The Court of Appeal Division of the Supreme Court was established on 1 February 2005 following the proclamation of the Acts Amendment (Court of Appeal) Act 2004 (WA)

The Court of Appeal hears appeals from decisions of a single Judge of the Supreme Court and from Judges of the District Court as well as various other courts and tribunals.

The Court of Appeal also hears criminal appeals against sentences, such as the length of imprisonment, and appeals against conviction.

In some cases it is necessary to obtain leave (permission) to appeal before the appeal can proceed.

The matters that the Court of Appeal can determine are set out in section 58 of the Supreme Court Act 1935 (WA). Usually matters in the Court of Appeal will be determined by a panel of three judges, although some matters will be heard by two judges or by a single judge.

In addition, four judges of Appeal are members of the Industrial Appeal Court, which determines appeals from the Western Australian Industrial Relations Commission.


Last updated: 18-Jun-2021

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