JW v District Court of New South Wales

The applicant, JW, sought orders from the Court of Appeal of New South Wales to set aside an order of a magistrate in the Children's Court committing JW for trial, and to set aside a judgment or order of the District Court refusing a stay of proceedings. The primary dispute concerned the jurisdiction of the Court of Appeal to grant these orders, particularly in light of the exclusions provided by the *Supreme Court Act 1970* (NSW).

The Court of Appeal was required to determine whether it possessed jurisdiction to grant the orders sought, considering the effect of sections 17(1) and the Third Schedule of the *Supreme Court Act 1970*. Specifically, the court had to ascertain if the proceedings fell within the exclusionary categories set out in clauses (a1) and (a2) of the Third Schedule. Additionally, the court considered its jurisdiction under section 48 of the Act, which pertains to proceedings concerning orders of specified tribunals, and whether the District Court and Children's Court were such tribunals. The jurisdiction of a single judge of the Court of Appeal to set aside a District Court order refusing a stay was also a key issue, examined under section 46(2)(b) of the Act.

Simpson JA reasoned that an order concerning the District Court proceedings was not excluded from the Court of Appeal's jurisdiction under the Third Schedule. The court found that the District Court was a specified tribunal under section 48(1) of the *Supreme Court Act 1970*, but the Children's Court was not. The court concluded that it had jurisdiction to grant the orders sought in relation to the District Court proceedings.

The Court of Appeal ordered that the trial listed for hearing in the District Court, on an indictment charging JW with an offence against section 52A of the *Crimes Act 1900* (NSW), be stayed pending further order of the Court. The proceedings were referred to the Registrar of the Court of Appeal for directions and were to be given such expedition as was necessary.