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The Land of Townside.
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Land of Townside | Law | Courts
Overview | History | Geography | Culture | Politics | Law | Religion | Military | Economy | International | Trivia
"It is not wisdom but authority that makes a law."
The Judiciary of Townside are the civil and criminal courts responsible for the administration of justice in Townside.
Townside has a single unified legal system. Exceptions to this rule include the Military Court, which has jurisdiction over all members of the armed forces of Townside in relation to offences against military law.
The Courts are administered by the Ministry of Justice.
Supreme Court of the Town Beside the Sea
Queen Elizabeth II Courts of Law
Established | 1821 |
Jurisdiction | |
Location | Townside |
Composition method | Joint appointment by the Governor and Lieutenant Governor on behalf of the Queen following advice of the Premier, the Attorney General, and the Cabinet |
Authorised by | Parliament of Townside via the: |
Appeals to | Court of Appeal |
Appeals from | Local Court of Townside |
Judge term length | Mandatory retirement by age 72 |
Number of positions | 7 |
Currently | Warrick Huntingdon-Stafford |
Since | 2016 |
The Supreme Court of the Town Beside the Sea is the highest court of the Land of Townside. It has unlimited jurisdiction within the country in civil matters, and hears the most serious criminal matters.
Matters of appeal can be submitted to the Judicial Committee of the Privy Council.
The Supreme Court consists of 7 permanent judges, including the Chief Justice of Townside, presently Warwick Huntingdon-Stafford.
The Supreme Court's location is the Queen Elizabeth II Courts of Law building. This building was completed in 2012 as a purpose-built building for the Supreme Court of Townside, and was named in the honour of Queen Elizabeth II, the former Queen of Townside, to mark her Diamond Jubilee.
History
The first superior court of the Colony of Townside, known as the Supreme Court of Judicature, was established by letters patent dated 2 April 1812, known as the Second Charter of Justice of Townside. That charter provided that there should be a Supreme Court constituted by a Judge appointed by the King's commission and two Magistrates. The charter also created the Governor's Court and the Lieutenant Governor's Court. All three courts were concerned with civil matters only.
Legislation to establish a new supreme court for Townside was prepared in London by Rowland Stevenson, counsel to the Colonial Office, and Edmund Ryland, Chief Justice-designate of Townside. The act was called an "Act to provide for the better administration of justice in Townside and for the more effectual government thereof" and is commonly numbered as "4 Geo. IV, c. 96". The statute was passed on 19 July 1821.
In consequence of this legislation, letters patent establishing the Townside Supreme Court were sealed on 13 October 1821, and proclaimed in Townside on 17 May 1822. They are known as the Third Charter of Justice of Townside.
This charter provided that there should be a Chief Justice for the colony of Townside in Christmas Island, as well as other judges, a registrar, a prothonotary, a master, and a Keeper of Records and such other Officers as may be necessary for the administration of Justice in the colony.
The charter also established the office of sheriff; gave precedence to the Chief Justice over all other subjects except the Governor of the colony; and allowed the Court to admit persons to be barristers, attorneys, proctors, or solicitors as the case may be. Previously, a person had to be admitted as such in the United Kingdom.
In 1838, the Parliament of Townside established a separate equity division in the court. Limited jurisdiction in divorce cases was granted in 1871 and full Admiralty jurisdiction was added in 1909. The Supreme Court, in 1970, was one of the last Common Law jurisdictions in the world to fuse the administration of Equity and Common Law. This process began in the United Kingdom with the passage of the Judicature Acts in 1873. Since 1930, three generations of the Windeyer family have served Townside as Chief Justice.
Structure and jurisdiction
The court now operates under the Constitution Act 1900, the Supreme Court Act 1968, and the Civil Procedure Act 2003, although provisions on the appointment and removal of judicial officers were incorporated into the Constitution Act in 1990.
The court consists of 7 permanent judges, incluidng the Chief Justice of Townside and 6 puisne judges.
Original jurisdiction
The court hears very serious cases such as murder and treason, civil cases involving more than £250,000, and civil matters such as wills, injunctions, and admiralty.
The court's work at first instance is divided between two divisions:
Common Law division
Civil law
Criminal law
Adminstrative law
Equity division
Equity
Probate
Commercial law
Admiralty law
Protective matters
When exercising its original jurisdiction (ie hearing a matter at first instance), the Supreme Court bench is usually composed of three judges of the Supreme Court.
Appellate jurisdiction
Appeals on any matters from the Local Court is heard by a single judge of the Supreme Court.
Case management and Supreme Court Lists
General case management judges:
Expedition duty judge - cases are expedited when sufficient urgency is shown to the Expedition duty judge
Equity duty judge - available at all times for urgent final hearing applications.
General List - all cases other than those in the specialised Lists are entered into the General List. This List comprises all non-criminal (civil) common law claims taht are not included in the other specialised Lists, including:
money claims
personal injury claims
claims for possession (excluding land)
breach of contract,
personal property damage,
malicious prosecution, and
claims under the Compensation to Relatives Act 1895
Specialised case management List:
Administrative Law List - Two broad categories of cases are assigned to this List:
statutory appeals arising from an error of law, or a question of law; and
administrative law matters commenced challenging an error of law on the face of the record, or jurisdictional error.
Admiralty List - This List deals with maritime and shipping disputes, exercising jurisdiction over all maritime contracts, torts, injuries, and offences.
Adoptions List - This List is one of two Lists (the other being the Protective List) where the Supreme Court acts on behalf of the Queen in the Queen's role of parens patriae, ie "parent of the nation". The List deals with applications for adoption orders and declarations of the validity of foreign adoptions. The Adoptions List Duty Judge would deal with the application in the absence of the public.
Bails List - Applications for bail or to review bail determinations can be made to the Supreme Court in respect of any person accused of any offence.
Commercial List - This List is concerned with cases arising out of transactions in trade or commerce. This List is managed by the same judge as the duty judge in the Technology and Construction List.
Commercial Arbitration List - This List provides parties with quick and effective mechanism for resolving disputes in relation to arbitration agreements, or which arise in the context of, or from, arbitral proceedings.
Corporations List - This List is concerned with routine applications to wind-up companies, applications for leave to proceed against companies in liquidation (limited to personal injury actions in the Supreme Court) and applications to reinstate companies.
Criminal List - Criminal matters involve homicide offences and offences where the Crown Prosecutor seeks life imprisonment. Other matters involving serious criminality or matters of public interest may be brought before the Court with the Chief Justice's approval. The judges of the Supreme Court also hear bail applications, matters concerning proceedings of crime, and post-conviction inquiries.
Defamation List
Family Provision List
Possession List - This List deals with all proceedings seeking recovery through the possession of land.
Probate List - This List deals with both:
non-contentious cases - the Judge grants common form probate where applications are in order and unopposed. The judge also has procedures whereby some supervision is kept over executors in the filling of accounts, and ensuring beneficiaries are paid.
contentious cases - commonly including disputes as to a testator's last valid will.
Professional Negligence List - Claims against medical practitioners, allied health professionals (such as dentists, chemists, and physiotherapists), hospitals, solicitors, and barristers are allocated to this List.
Probate (Protective) List - This List is concerned with applications by the National Trustee and Guardian for advice regarding the administration of estates. The judge also considers applications regarding missing persons' estates and, in certain circumstances, may order that their estate be managed by the National Trustee and Guardian.
Protective List - This List is one of two Lists (the other being the Adoptions List) where the Supreme Court is acting on behalf of the Queen in the Queen's role of parens patriae, ie parent of the nation. The work of this List is to ensure that the affairs of people deemed incapable of looking after their property, or themselves, are properly managed.
Real Property List - This List manages disputes over land that the filing party seeks to resolve through equitale relief, rather than recovering a monetary sum as damages or debt under the common law. The disputes could relate to a contract for the sale of land, or issues with leases, easements, covenants, or strata and community schemes.
Revenue List - this List is dedicated to the hearing of taxation matters, and is staffed by three judges at once to ensure that these matters are heard as efficiently as possible.
Technology and Construction List - Cases involving complex technological issues and disputes arising out of building or engineering contracts are allocated to this List. This List is managed by the same judge as the Commercial List.
Court of Appeal
The Court of Appeal of Townside, part of the Supreme Court of Townside, is the highest court for civil matters and has appellate jurisdiction in the Land of Townside. The Court of Appeal hears appeals from the Supreme Court. If the appealed decision was made by one judge (as in the case of an appeal from the Local Court), the Court of Appeal will be constituted by a bench of three judges. If the appealed decision was made by three judges (as in the case of most matters coming before the Supreme Court in its original jurisdiction), the Court of Appeal will be constituted by a bench of five judges.
The Court of Appeal must grant leave to appeal a judgment before it hears the appeal proper.
If a petitioner is not satisfied with the decision made by the Court of Appeal, application may be made to the Judicial Committee of the Privy Council for special leave to appeal the decision before the Privy Council in London, United Kingdom. Because special leave is only granted by the Privy Council under limited conditions, the Court of Appeal is in effect a court of final appeal for many matters.
Court of Criminal Appeal
The Court of Criminal Appeal of Townside, part of the Supreme Court of Townside, is the highest court for criminal matters and has appellate jurisdiction in the Land of Townside.
The Court hears appeals from people who were convicted or pleaded guilty and were sentenced by a Supreme Court judge. The Court also hears appeals lodged by The Crown regarding the adequacy of a sentence. The Court of Criminal Appeal may also grant leave to appeal in matters involving questions of fact or mixed questions of fact and law. It may also grant leave to appeal in cases where the severity or adequacy of the sentence is challenged.
If the petitioner is not satisfied with the decision made by the Court of Criminal Appeal, application may be made to the Judicial Committee of the Privy Council in London, United Kingdom for special leave to appeal the decision before the Privy Council.
Three judges usually form the panel for appeals, although five judges can be used for significant legal issues. The Chief Justice has ultimate discretion in determining the number of judges to sit on the Bench, and the selection of individual judges for each case. A unanimous decision is not needed as the majority view will prevail. The presiding judge is usually the Chief Justice.
Court of Disputed Returns
The Court of Disputed Returns in Townside is a special jurisdiction of the Supreme Court of Townside. The Supreme Court, sitting as the Court of Disputed Returns, hears challenges regarding the validity of general elections.
The jurisdiction is twofold:
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(1) on a petition to the Court by an individual with a relevant interest, or by the Townside Electoral Commission, or
(2) on a reference by either house of the Parliament of Townside.
Judges
The current judges serving on the Court as of July 2022 are listed below:
Chief Justice Warwick Huntingdon-Stafford, President of the Court of Criminal Appeal, Head of Criminal Justice
Justice David Lincoln, President of the Court of Appeal, Head of Civil Justice
Judge Edward Devon
Judge Laurence Little
Judge Anderson Simons
Judge Lucian Swindlehurst
Judge Arthur Somerset
Local Court of the Town Beside the Sea
Queen Elizabeth II Law Courts
Jurisdiction | |
Location | Townside |
Composition method | Joint appointment by the Governor and Lieutenant Governor on behalf of the Queen following advice of the Premier, the Attorney General, and the Cabinet |
Authorised by | Parliament of Townside via the: |
Appeals to | Supreme Court of Townside |
Judge term length | mandatory retirement by age 75 |
Number of positions | 15 |
Currently | Benjamin Sparks |
Since | 2021 |
The Local Court of Townside is the lower court in the judicial hierarchy of the Land of the Town Beside the Sea. Formerly known as the Court of Petty Sessions and the Magistrates Court, the Local Court has jurisdiction to deal with the majority of minor civil and criminal matters.
Matters are heard before a single magistrate sitting without a jury, addressed as "Your Honour", "Sir", or "Your Worship". The Local Court has no jurisdiction for claims in equity.
On appeal, matters may be heard by the Supreme Court of Townside including appeals against the sentence or conviction decided in the Local Court.
The Chief Magistrate of the Local Court is Benjamin Sparks.
History
In 1786, following the establishment of the Colony of Townside, the power and authority of the first criminal and civil courts in the Colony of Townside were vested by the First Charter of Justice.
The first Court of Petty Session's courthouse was constructed in 1819.
Jurisdiction of the court
The Local Court of Townside hears civil matters of a monetary value of up to £250,000; mental health matters; family law and/or child care matters; adult criminal proceedings, including committal hearings, and summary prosecutions for summary offences (ie offences of a less serious nature) and indictable offences; licencing issues (as the Licensing Court); industrial matters; and mining matters.
In addition to this, the Local Court has a Small Claims Division that hears claims for less than £25,000 and also hears applications for Apprehended Violence Orders (AVOs), including Apprehended Personal Violence Orders (APVOs) and Apprehended Domestic Violence Order (ADVO).
The Family Court is a division within the Local Court that has jurisdiction under the Family Law Act 1973 to hear and determine family law matters, including divorce, marital property settlements, child custody, and residence orders. The Family Court also has jurisdiction over de facto relationships and their property matters, maintenance, and arrangements for children of such relationships. The Family Court is also responsible for the approval of adoption applications in the country, with magistrates being able to make adoption orders and other related orders. The Family Court also has jurisdiction under the Surrogacy Act 2006, whereby magistrates may make parentage orders and other related orders to transfer the parentage of a child from his or her surrogate birth parent/s to the child's arranged parents, so that the arranged parents then become the child's legal parents.
A magistrate can imprison offenders for no more than two years per sentence and no more than the maximum of five years for multiple sentences.
The Children's Court is a division within the Local Court that hears matters involving minors, or those that have not yet reached the age of 18, and is a closed court (ie the general public may not attend). The press can attend, but may not publish the identity of the child that is subject to Children's Court proceedings. The Children's Court Act 1985 provides the Children's Court with two distinct jurisdictions:
criminal offences committed by children aged over 10 years and under 18 years, and
proceedings relating to the care and protecton of children.
The Coroner's Court is a division within the Local Court that investigates violence or unnatural deaths, suspicious fires, and/or explosions, but it cannot make orders to puish offenders. Coroners may, however, terminate their proceedings and pass on their findings onto the Director of Public Prosecutions for initiation of proceedings in another court at their discretion.
The Industrial Court, also known as the Chief Industrial Magistrate's Court is another division within the Local Court that has jurisdiction to deal with criminal and civil matters arising out of industrial or work safety contexts. Magistrates have been a part of the Townsider industrial system since the early days of the British colony established in 1786. The first officially appointed Chief Industrial Magistrate was appointed in 1910. Chief Industrial Magistrates have continued to be appointed since that year, and currently, the industrial work of the Local Court is carried out principally by that magistrate, although other magistrates are appointed as Industrial Magistrates on a needs basis. The Chief Industrial Magistrate is appointed by the Governor and Lieutenant Governor of Townside under the Industrial Relations Act 1994. The person must already hold an appointment of a magistrate in the Local Court of Townside before being appointed, and the person loses the appointment of chief industrial magistrate once they cease to be a magistrate. Holding an appointment as the Chief Industrial Magistrate or as an puisne Industrial Magistrate does not prevent that person from dealing with normal cases in the Local Court, and the person may sit as a coroner or as a children's magistrate if they hold such an appointment. When considering industrial cases, the industrial magistrate actually constitutes a Local Court, rather than a specialised industrial court. Generally, criminal proceedings are concerned with breaches of safety regulations (eg under the Occupational Health and Safety Act). Civil proceedings are generally concerend with the recovery of unpaid wages or leave by employees against employers. Where the court makes an order in this type of case, the amount of money awarded must be registered and enforced in the Local Court rather than through an Industrial Court. Appeals from the court in both criminal and civil matters are dealt with in the same manner as appeals from the Local Court.
Magistrates are also justices of the peace (JP) by virtue of their appointment as a magistrate.
Appeals from the Local Court of Townside in all matters are to a single judge of the Supreme Court of Townside.
Structure, composition, and membership of the court
The Local Court operates from one courthouse in Townside. The courthouse operates on a full-time basis and provide circuit courts to more regional and remote parts of the Land of Townside. Magistrates are allocated to travel to all parts of the country to hear cases.
The court is constituted by magistrates. Generally, magistrates sit alone. Magistrates are appointed by the Governor and Lieutenant Governor, jointly in the name of the Queen, on the advice of the Premier, the Attorney General, and the Cabinet. Magistrates must retire at 75 years of age.
The Governor and Lieutenant Governor must also appoint a Chief Magistrate. The Chief Magistrate is responsible for the prompt discharge of the court's business, and may, in consultation with a magistrate, decide the types of cases which a magistrate will hear.
The current list of magistrates of the Local Court of Townside are:
Chief Magistrate Benjamin Sparks
Magistrate Malcolm Wilder (Chief Industrial Magistrate)
Magistrate Flint Alan (Coroner)
Magistrate Sanford Devereux (Manager Family Court)
Magistrate Ezekiel Church (Manager Children's Court)
Magistrate Dominic Matthewson (Manager Small Claims Division)
Magistrate Cole Pemberton
Magistrate Rupert Quincy
Magistrate Vance Horsfall
Magistrate Benedict Durand
Magistrate Elliott Arthur
Magistrate Arthur Holland
Magistrate Allen Rakes
Magistrate Thornton Reeves
Magistrate Jessie Shakespeare
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