The Court of Appeal is the second highest court
Supreme Court


 The Court of Appeal is the second highest court in New South Wales after the Supreme Court. The Judge that presides over a case, known as the Chief Judge or President, has responsibility for determining how all of the judges on the Court vote on an individual case and to ensure that there is a fair hearing for all parties to a case. The role of a judge in Court of Appeal is very important because they are responsible for interpreting laws and deciding cases that require interpretation. In many ways it’s like being a private barrister but with more involvement from other judges who will assist you with your research and knowledge of legislation. There are seven judges in Court of Appeal. Each judge sits on one particular panel, known as ‘a division’. This can be confusing at first but once you understand how cases come before the court each judge will have their own areas of responsibility.



What is the role of a judge in Court of Appeal?

A judge in Court of Appeal determines how the other judges on the Court of Appeal vote on a case. They also ensure that there is a fair hearing for all parties to a case. Judges in Court of Appeal also have the power to enforce judgments and to enquire into complaints about the conduct of other judges.


How to become a judge in Court of Appeal

To be a judge in Court of Appeal you need to complete a four-year Bachelor of Laws degree at the University of New South Wales (UNSW). To be eligible to apply for admission to the degree program you need to be a student at a university in New South Wales (not at an overseas university). You also need to have a good academic record and a good criminal record. Once you’ve completed your degree you will sit the Bar examination. If you pass the Bar you can apply to take the Judicial and Legal Services Board examination. If you pass this you’ll become a ‘Senior Counsel.’ You’ll also need to sit a separate examination to be appointed as a judge in the Supreme Court or Court of Appeal.


Divisions in Court of Appeal

There are two divisions of Court of Appeal; Civil, which decides most civil disputes, and Criminal, which deals with criminal appeals. Civil appeals are appeals against decisions in the New South Wales Supreme Court, the District Court and the Family Court of Australia. In some cases, such as judgments in family law disputes, the Federal Court of Australia may also hear an appeal. Criminal appeals are appeals from the District and Supreme Courts against decisions about whether people should be sent to prison or be released on parole.


Responsibilities of other judges on Court of Appeal

The Chief Judge for Civil and the Chief Judge for Criminal have responsibility for conducting an inquiry and determining whether a judge in one of those divisions is fit to continue to sit on the Court. The Acting Chief Judge for Civil also has responsibility for conducting Bar of the Supreme Court disciplinary hearings. The Chief Judge for Criminal also has responsibility for conducting inquiries into complaints against federal judges made under the federal Judicial Officers Act, judicial office disciplinary hearings and disciplinary hearings of the NSW Bar Council.


The Chief Judge and the Presiding Officer

The Chief Judge also has a duty to preside over the Court in an informal capacity as ‘the President.’ The President may advise the parties, sit as a ‘court of first instance’ to consider questions of law and to conduct a judgment of the Court on whether a party should pay costs. The President acts as a link between the parties and the Court. The President is not a judge but has a very important role as the person who acts as a referee between parties who don’t necessarily have a lawyer. The President will typically hear arguments from both sides and act as a ‘court of first instance’ to decide questions of law. The President is meant to be impartial and make decisions based on the law and evidence, not on the wishes of the parties or on personal bias.


The Registrar

The Registrar is a role that isn’t necessarily a judge role but is a very important one. The Registrar is responsible for setting the rules for Court of Appeal. The Registrar may decide that there needs to be a rule about how many times a party may ask a question of the Court before they are allowed to ask it. The Registrar also sets out how cases are heard. In most cases the Court will sit in a 12-member panel, comprised of three judges per panel. After hearing arguments the Registrar will decide how to hear the case and assign judges to each panel. The Registrar is one of the most powerful and important people in Court of Appeal. The Registrar is responsible for setting the rules of the court and deciding how cases are heard. The Registrar also sets out how cases are to be heard.


Judges pro bono work and outside roles

Judges in Court of Appeal may also undertake pro bono work. Some of these roles may take the form of consulting for law firms or giving legal advice to NGOs and community groups. Judges may also undertake research for books and articles and for presentation at conferences. As a judge in Court of Appeal you have a lot of flexibility about where you undertake pro bono work. However, you should be aware that there are certain rules about when you can perform pro bono work and certain rules about when you must report your pro bono work to the Registrar.


Judges at the Bar Association and Legal Conferences

All judges who sit on the Supreme Court or Court of Appeal must be members of the Bar. The Bar Association is an important place to meet other judges and to discuss cases, research and the law. Many judges also attend conferences and seminars that are held by legal associations. While judges are encouraged to attend these types of events, the Bar Association and legal conferences are not the same thing as attending Court of Appeal or Supreme Court cases. Judges on the Bar Association can attend all types of events and still not be doing anything that infringes on their role as a judge.


Conclusion

The role of a judge in Court of Appeal is very important. They are responsible for interpreting laws and deciding cases that require interpretation. Judges in Court of Appeal also have the power to enforce judgments and to enquire into complaints about the conduct of other judges. The Bar Association is an important place to meet other judges and discuss cases, research and the law. Judges are encouraged to attend legal conferences and events but they are not required to do so and they can still fulfil their role as a judge in Court of Appeal.