Post-War Change — Supreme Court Gallery

Post-War Change (1946-1998)

The Second World War was the genesis for a progressive transformation of Australia. On the home front, women filled traditionally male occupations. In the ensuing decades women assumed their rightful place in juries, as members of the legal profession and, finally, as judges of the Supreme Court.

Post-war migration made Australia more populous and diverse, while a resources boom spurred closer economic relations with Asia.

This time of change was reflected in the Supreme Court: its structure, judges, caseload, and courthouses. The Court of Appeal was established in 1966 and some judicial work was directed to the District Court and the Land and Environment Court. Commonwealth jurisdiction grew. New federal courts and tribunals were created. Appeals from the Supreme Court to the Privy Council ended with the Australia Act 1986.

1947

Women in favour of new jury plan, The Truth, p.8, 1947.

Jury reform

Each year the guilt or innocence of many who face serious criminal charges in the Supreme Court is determined by a jury. Long seen as a ‘bulwark of liberty’ under the common law, the right to be tried by a random selection of fellow citizens came more gradually to New South Wales than most British colonies. The first jurors were military men, while former convicts were excluded from criminal juries until 1839. Income and property qualifications restricted eligibility for jury service to wealthy men. Although women in New South Wales gained the right to vote in 1902, it was not until the Jury (Amendment) Act 1947 that they became eligible for jury selection. Income and property qualifications were abolished but due to a perceived lack of suitable facilities (toilets) jury service remained optional for women, and it was another six years until a woman took her place on a Supreme Court jury. Women finally attained equal status with men on the juror roll in 1977.

1966

Judges of the Court of Appeal c.1971.

The Court of Appeal

Since its inception in 1824 the Supreme Court heard appeals using the Full Court system: a Bench of three judges chosen by the Chief Justice. In the two decades following the Second World War, the increasing complexity and tempo of litigation resulted in more appeals and lengthy delays . There was widespread support for the establishment of Australia’s first permanent, intermediate appellate court. The Attorney General told Parliament that ‘the purpose of the Court was to provide greater uniformity, cohesiveness and quicker decisions’ . The Court’s founding was a notable landmark in the judicial history of New South Wales. The Court of Appeal first sat on 8 February 1966 and heard 401 appeals that year. Its Presidents have included Sir Kenneth Jacobs and Michael Kirby, both subsequently elevated to the High Court, and James Allsop, later Chief Justice of the Federal Court.

1977

Opening of the Supreme Court, 1977.

Queens Square

By the 1950s the Supreme Court was straining to accommodate a growing number of cases. A proposal evolved for construction of a new building to house both Commonwealth and State law courts, to be owned by a jointly controlled company called Law Courts Limited. In 1967, McConnel, Smith and Johnson were appointed as architects. The contract works included the demolition of the original King Street Court Complex. However, the proposal aroused considerable opposition, including from Chief Justice Sir John Kerr. Fortunately, his views and those of the conservationists prevailed. The Joint Law Courts Building in Queens Square was opened by the Premier, Neville Wran QC in the presence of Chief Justice Sir Laurence Street on 1 February 1977. The original King Street Court Complex continues to be used by the Court.

1985-1986

Trials of a High Court Judge

The Supreme Court became the focus of national attention when Justice Lionel Murphy of the High Court was prosecuted on two charges of attempting to pervert the course of justice. Murphy was convicted on one charge at first instance by a Supreme Court jury on 5 July 1985. He was sentenced to eighteen months’ imprisonment, but on 18 November his conviction was overturned by the Court of Criminal Appeal. The Court found that the directions to the jury dealing with important issues of motive and intention were confusing, and a retrial was ordered. At the second trial in April 1986 before Justice Hunt, the jury returned a verdict of not guilty.

1987

Jane Mathews upon her swearing in ceremony, 1987. Source: Fairfax Media

Pioneering Women

In 1987 Jane Mathews became the first woman to be appointed to the Bench of the Supreme Court, 66 years after the admission of Ada Evans. Carolyn Simpson followed in 1994. They were joined two years later by Margaret Beazley, who was the first woman appointed as a Judge of Appeal in New South Wales and would become its President (and subsequently Governor). In 1999 Simpson and Beazley, together with Virginia Bell (before her elevation to the High Court) made legal history when they sat as the first all-women appellate Bench in the common law world. Together, Mathews, Simpson, Beazley, Bell and Paddy Bergin, who would later become Chief Judge in Equity, laid the foundations for the increasing number of women whose expertise, experience, and merit were recognised by their elevation to the judiciary.

1986

Geoff Pyror, Proposal for a Judicial Commission, 1986. Source: National Library of Australia

Judicial Commission of New South Wales

The creation of the Judicial Commission was originally strongly opposed by the judiciary. The initial draft of the Judicial Officers Act 1986 provided for the dismissal of judges on a recommendation to the Governor by the Conduct Division of the Judicial Commission - without recourse to Parliament. This was seen to be a threat to its independence. The government relented. The Judicial Commission was nevertheless created with jurisdiction to investigate complaints against judicial officers throughout the State and it is also the body responsible for judicial education and research on sentencing. Despite original opposition, it is now regarded by the judiciary as an important organ in the administration of justice in New South Wales.

1987

Bombing outside the Hilton Hotel, 1978.

Hilton Bombing

On 13 February 1978 a bomb planted in a bin outside the Sydney Hilton Hotel exploded, killing two garbage collectors and a policeman, and injuring 11 others. The Commonwealth Heads of Government Meeting (CHOGM) was being held at the hotel. More than a decade passed before a suspect, Timothy Anderson, was charged in connection with the bombing. After 50 days, a jury found him guilty.

Anderson appealed to the Court of Criminal Appeal, which found that the verdict was unsafe. Instead of ordering a retrial, the Court acquitted Anderson. The case remains unsolved. Anderson was represented by a young John Basten, who would become an outstanding member of the Court of Appeal for over two decades.

1950 - 1998 Chief Justices of the Post War Era

Sir Kenneth Street (1950-1960)

The second Street to become Chief Justice, Sir Kenneth oversaw a trebling of the number of judges on the Supreme Court in response to increasing litigation following the Second World War. He improved and expanded the number of courtrooms and support facilities and set out the requirements for the proposed new Law Courts Building.
Herbert Evatt (1960-1962)

With an extensive legal and political career behind him, including 10 years on the High Court between 1930 and 1940,Evatt became Chief Justice late in his career. During his term he served as chairman of the newly constituted Chief Justice’s Law Reform Committee. He was obliged to resign when he became seriously ill.
Sir Leslie Herron (1962-1972)

Herron guided the Court through a period of far-reaching reform and restructure. He oversaw the establishment of the Court of Appeal and the passing of the Supreme Court Act 1970, which at last introduced the Judicature Act reforms of the 1860s to New South Wales. Herron enjoyed a judicial tenure spanning 31 years and as also an avid sports administrator.
Sir John Kerr (1972-1974)

Although he served only two years as Chief Justice, Kerr is remembered for his compelling and successful defence of the King Street Court Complex, which faced demolition as par of the construction of the Joint Law Courts Building. He was also a strong judicial administrator.
Sir Laurence Street (1974-1988)

The third Street to become Chief Justice, Sir Laurence had been a dynamic equity and commercial judge before his elevation. As Chief Justice he exhibited great skill when presiding on the Court of Criminal Appeal. After his retirement he played an instrumental role n the development of alternative dispute resolution.
Murray Gleeson (1988-1998)

After a universally acclaimed period as the outstanding advocate of his era, Murray Gleeson was appointed directly fro the Bar to Chief Justice of New South Wales. He is the only Chief Justice of New South Wales to become Chief Justice of the High Court of Australia. Clarify and concision were the hallmarks of his judgement.