Supreme Court of Western Australia

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Court Procedure

Court of Appeal

About 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.

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. 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 hears appeals from the Western Australian Industrial Relations Commission.

Judges

The Court of Appeal is made up of the Chief Justice, the President of the Court of Appeal and five other permanent Judges of Appeal. The President is responsible for the day-to-day operation and administration of the Court of Appeal, subject to the direction of the Chief Justice. The Chief Justice is the senior member of the Court of Appeal.

The permanent Judges are:

  • The Hon. Chief Justice Wayne Stewart Martin AC
  • The Hon. Justice Carmel McLure, President
  • The Hon. Justice Christopher James Lonsdale Pullin
  • The Hon. Justice Michael John Buss
  • The Hon. Justice David Wallace Newnes
  • The Hon. Justice Graeme Harold Murphy
  • The Hon. Justice Robert Anthony Mazza

Judges in the General Division may also sit in the Court of Appeal if the Chief Justice and the President agree that the Court of Appeal needs an additional Judge.

Court of Appeal Rules

The new Supreme Court (Court of Appeal) Rules 2005 take effect on 2 May 2005. All appeals commenced before 2 May 2005 are governed by the appeal provisions in the Supreme Court Rules.

The appeal procedure under the new rules is different from the previous provisions. Criminal appeals will proceed in much the same way as civil appeals under the new rules.

Under section 39 of the Acts Amendment (Court of Appeal) Act 2004, any reference in legislation or rules which refers to the "Full Court" or the "Court of Criminal Appeal" is read as if it had been amended to "Court of Appeal".

In addition, any appeal or an application for leave which is pending before the Full Court or Court of Criminal Appeal is taken to be pending before the Court of Appeal.

Filing documents

Documents for the Court of Appeal should be lodged at the Court of Appeal Office in the Supreme Court Building, Stirling Gardens, Barrack Street, Perth.

Court of Appeal Registrar

The Court of Appeal Registrar is responsible for the control and management of the appellate processes in the Court of Appeal and supports the President in the administration of the Court. The Registrar also gives directions for the preparation of appeals for hearing and presides over mediations of appeals.

The Associate to the Court of Appeal Registrar can be contacted on 9421 5335.

Mediation of Appeals

The Judges of the Court of Appeal actively encourage parties to a civil appeal to consider mediation as a means of resolving their dispute. Any party to a civil appeal who is interested in participating in a mediation of that appeal should contact the Court of Appeal Registrar.

Last updated: 28-Nov-2012
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