Supreme Court of Norfolk Island

The Supreme Court of Norfolk Island hears certain cases in the Australian territory of Norfolk Island. It is the superior Court of Norfolk Island. Appeal lies to the Federal Court of Australia.

The Court was established by the Norfolk Island Act 1957. Although that Act was repealed by the Norfolk Island Act 1979, the Court continued in existence as "the Superior Court of Record of the Territory".

Under s 59 of the 1979 Act, the jurisdiction, practice and procedure of the Supreme Court shall be as provided under "enactment", a term which includes any "Ordinance continued in force by (the 1979) Act" (s 4(1)). One such ordinance is the Supreme Court Ordinance 1960, s 5 of which provides that the Supreme Court has the same jurisdiction in and in relation to the Territory as the Supreme Court of the Australian Capital Territory has in and in relation to the ACT.

Under the Australian Capital Territory Supreme Court Act 1933, the ACT Court has the same original jurisdiction, civil and criminal, as the Supreme Court of New South Wales had in relation to NSW immediately before 1 January 1911.

The Court deals with matters arising under specific Norfolk Island laws such as Probate and Administration of Deceased estates: Probate and Administration Act 1976 (NI); serious indictable offences and crimes: Criminal Law Act 1960 (NI) adopting the NSW Crimes Act of 1900; Bail on serious offences: Bail Act 2005 (NI), and registration of Maintenance Orders made by foreign courts (not Australian Child Support assessments): Maintenance Orders (Facilities for Enforcement)Act 1960 (NI) and exercises federal jurisdiction for those Australian federal laws that are expressed to apply to the Territory of Norfolk Island: Section 18, Norfolk Island Act 1979 (Cth of Aust.)

Its civil and commercial jurisdiction commences at claims in excess of $10,000AUD while the Court of Petty Sessions for Norfolk Island deals with small claims and claims under $10,000.

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