The Supreme Court of the Northern Territory is the superior
court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
for the
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
n
Territory
A territory is an area of land, sea, or space, particularly belonging or connected to a country, person, or animal.
In international politics, a territory is usually either the total area from which a state may extract power resources or a ...
of the
Northern Territory
The Northern Territory (commonly abbreviated as NT; formally the Northern Territory of Australia) is an states and territories of Australia, Australian territory in the central and central northern regions of Australia. The Northern Territory ...
. It has unlimited
jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
Jur ...
within the territory in
civil
Civil may refer to:
*Civic virtue, or civility
*Civil action, or lawsuit
* Civil affairs
*Civil and political rights
*Civil disobedience
*Civil engineering
*Civil (journalism), a platform for independent journalism
*Civilian, someone not a membe ...
matters, and hears the most serious
criminal
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...
matters. It is around the middle of the
Australian court hierarchy
The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matter ...
.
Early history
Shortly after the first settlement at Palmerston,
Port Darwin
Port Darwin is the port in Darwin, Northern Territory, in northern Australia. The port has operated in a number of locations, including Stokes Hill Wharf, Cullen Bay and East Arm Wharf. In 2015, a 99-year lease was granted to the Chinese-owned ...
in 1869–70, pressure was placed upon the
South Australian government
The Government of South Australia, also referred to as the South Australian Government, SA Government or more formally, His Majesty’s Government, is the Australian state democratic administrative authority of South Australia. It is modelled o ...
to establish a superior court in the then Northern Territory of South Australia. Although such a court was mooted, it was decided to send judges to Palmerston on circuit. The first circuit court was held in February 1875.
Thereafter, from 1875 to 1884, the government appointed persons as commissioners (usually the Government Resident) to exercise the power of a judge of the
Supreme Court of South Australia
The Supreme Court of South Australia is the superior court of the Australian state of South Australia. The Supreme Court is the highest South Australian court in the Australian court hierarchy. It has unlimited jurisdiction within the state in ...
in all but trials of capital offences.
From 1884 to 1911, a resident judge, with the title "Judge of the Northern Territory" exercised the full powers of the Supreme Court of South Australia under the Northern Territory Justice Act.
History
The court was established on 30 May 1911, shortly after
South Australia
South Australia (commonly abbreviated as SA) is a state in the southern central part of Australia. It covers some of the most arid parts of the country. With a total land area of , it is the fourth-largest of Australia's states and territories ...
surrendered the territory to the
Commonwealth
A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with "republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the ...
. The first judge of the court was
Samuel James Mitchell
Samuel James Mitchell (11 May 1852 – 3 October 1926) was an Australian politician and judge. He was a member of the South Australian House of Assembly from 1901 to 1910, representing the Electoral district of Northern Territory, Northern Ter ...
. The only person to hold the office of Chief Judge, which was created in 1975, was Sir
William Forster who held the position from 1977-1979. The position title was changed to
Chief Justice in 1979, and Forster was the first Chief Justice from 1979-1985. There have been 6 Chief Justices since 197
There are currently six resident judges (including the Chief Justice) and two additional judges and two acting judges, making a total of ten Supreme Court justices
In 1927, when the ''Northern Australia 1926 Act (Cth)'' came into force, the Northern Territory was divided into two territories;
North Australia (territory), North Australia and
Central Australia
Central Australia, also sometimes referred to as the Red Centre, is an inexactly defined region associated with the geographic centre of Australia. In its narrowest sense it describes a region that is limited to the town of Alice Springs and i ...
. The Supreme Court was not abolished, but continued to exist as the Supreme Court of North Australia and the Supreme Court of Central Australia.
After the Northern Territory Act was repealed in 1931, the Northern Territory was reconstituted as a single Territory of the Commonwealth. The Supreme Court of Central Australia was abolished and the Supreme Court of North Australia continued as the Supreme Court of the Northern Territory.
In 1935 the Court began its first sittings on circuit in
Alice Springs
Alice Springs ( aer, Mparntwe) is the third-largest town in the Northern Territory of Australia. Known as Stuart until 31 August 1933, the name Alice Springs was given by surveyor William Whitfield Mills after Alice, Lady Todd (''née'' Al ...
br>
a practice which still continues today. Circuit sittings in
Katherine, Northern Territory, Katherine were also introduced in 1996.
When a new Supreme Court complex was built, Indigenous artist
Norah Nelson Napaljarri
Norah Nelson Napaljarri (born 26 October 1956) is a Warlpiri-speaking Aboriginal artist from Australia's Western Desert region. Norah Nelson began painting in 1986 and has exhibited her works both in Australia and other countries. Her paintin ...
was chosen to design a mosaic for its forecourt.
The design concept of the Supreme Court, as requested by the client the Northern Territory Government, was to reflect the elements of the "
Greek Revival
The Greek Revival was an architectural movement which began in the middle of the 18th century but which particularly flourished in the late 18th and early 19th centuries, predominantly in northern Europe and the United States and Canada, but ...
"
Hong Kong Shanghai Bank constructed in
Hong Kong
Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delt ...
in the 1800s viz: the
colonnade
In classical architecture, a colonnade is a long sequence of columns joined by their entablature, often free-standing, or part of a building. Paired or multiple pairs of columns are normally employed in a colonnade which can be straight or curv ...
around the building, the
mansard roof
A mansard or mansard roof (also called a French roof or curb roof) is a four-sided gambrel-style hip roof characterised by two slopes on each of its sides, with the lower slope, punctured by dormer windows, at a steeper angle than the upper. The ...
and the
portico
A portico is a porch leading to the entrance of a building, or extended as a colonnade, with a roof structure over a walkway, supported by columns or enclosed by walls. This idea was widely used in ancient Greece and has influenced many cult ...
entrance as well as giving reference to its tropical location and its colonial past.
The collaborating architects were Peter Doig, Ron Findlay and Roger Linklater: the interior was designed by Susie Cole.
The architectural style is best described as Neo-colonial.
Other
The Supreme Court occasionally sits in other locations in the Northern Territory, including
Katherine, Northern Territory, Katherine,
Tennant Creek
Tennant Creek ( wrm, Jurnkkurakurr) is town located in the Northern Territory of Australia. It is the seventh largest town in the Northern Territory, and is located on the Stuart Highway, just south of the intersection with the western termin ...
and
Nhulunbuy
Nhulunbuy () is a township that is the sixth largest population centre in the Northern Territory of Australia. Nhulunbuy was created on the Gove Peninsula in north-east Arnhem Land when a bauxite mine and a deep water port were established ...
. The Supreme Court has also on occasion sat at remote aboriginal communities.
The Supreme Court includes the Court of Appeal, Court of Criminal Appeal, Civil and Criminal Trials and Appeals from the
Northern Territory Magistrates Court
Judgments from Supreme Court trials are available to the publi
as are the sentencing remark
unless a suppression order has been taken preventing these being released (for example, involving juveniles, public figures or in some controversial matters).
Judges of the Supreme Court of the Northern Territory
As at November 2019 (appointment date in brackets):
Chief Justice
Judges
Additional Judges
Acting Judges
Master
See also
*
Family Court of Australia
The Family Court of Australia was a superior Australian federal court of record which deals with family law matters, such as divorce applications, parenting disputes, and the division of property when a couple separate. Together with the Fede ...
*
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indic ...
*
Judiciary of Australia
The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matter ...
*
List of Judges of the Supreme Court of the Northern Territory
References
External links
The Northern Territory Supreme Court WebsiteSentencing Principles
{{Authority control
Buildings and structures in Darwin, Northern Territory
1911 establishments in Australia
Courts and tribunals established in 1911