Supreme court of South Australia deals with most important civil matters and serious criminal cases
The Gouger Street, Adelaide, side of the Victoria Square buildings used by the supreme court since 1873.
The supreme court of South Australia is the superior court of the state in law and equity (fairness and justice). The court was officially established five days after the colony was proclaimed on January 2, 1837. It deals with the more important civil cases and the most serious criminal (murder, treason, attempted murder, manslaughter) matters.
The supreme court reviews and decides errors from other courts of the state and interprets and expounds the law to guide other courts. The court usually sits in both the old supreme court building (for civil cases) and Samuel Way Building (for criminal matters).
Civil trials in the court are generally those involving complex issues or big sums of money. The court is only one that hears matters involving probate (wills and estates). A division, known as the land and valuation court, has jurisdiction over state planning and development law.
The role of the supreme court judges in hearing appeals was due to change in early 2021 when a new permament court of appeal with five dedidcated judges would be established.
A single judge, from the supreme court bench of a chief justice and 12 judges, usually heard appeals from the magistrates court in civil and criminal matters, and also appeals from decisions of supreme courts masters and other tribunals. The full court (usually three judges) heard appeals from the decisions of a single judge of the supreme court or district court or from certain other tribunals.
When the supreme court sits as a full court in criminal matters (other than those originating in the magistrates court and youth court), it was commonly referred to as the court of criminal appeal. An appeal can be made by special leave to the high court of Australia in Canberra to consider all decisions of the supreme court of South Australia (ordinarily, from its full court or court of criminal appeal).
In the early days of the colony, the governor in executive council was the sole local avenue of appeal from verdicts by the supreme court. The privy council in England also acted as a higher body for appeals but was rarely called upon. From 1878, the full court (three judges) of the supreme court was recognised as the main appellate body to hear appeals only on disputed points of law. Right to appeal conviction and sentence on the basis of the evidence itself was granted by the Criminal Appeals Act 1924.
The Supreme Court Act 1878 also saw big changes to the 1853 laws. Major changes were again made by the Supreme Court Act 1935.
The supreme court building of Tea Tree Gully sandstone was opened in 1869, from a design by colonial architect Robert Thomas, helped by William McMinn. It was the local and insolvency court before becoming the supreme court building in 1873. The building has retained much original detail and furnishings. Court No.2 is the oldest original court interior in South Australia.
In civil cases, the court normally sits in the old supreme court building but criminal matters were generally heard across the road in the Sir Samuel Way Building that has holding cells.
