Supreme Court of New South Wales

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Supreme Court of New South Wales
Coat of Arms of New South Wales.svg
Supremecourtnsw.jpg
The Supreme Court building in Queen's Square, Sydney
Established 1823
Location Sydney
Coordinates 33°52′08″S 151°12′42″E / 33.868918°S 151.211628°E / -33.868918; 151.211628Coordinates: 33°52′08″S 151°12′42″E / 33.868918°S 151.211628°E / -33.868918; 151.211628
Composition method Vice-regal appointment upon Premier's nomination, following advice of the Attorney General and Cabinet
Authorized by Parliament of New South Wales via the:
  • Constitution Act 1902 (NSW)
  • Supreme Court Act 1970 (NSW)
  • Civil Procedure Act 2005 (NSW)
Decisions are appealed to
Decisions are heard for appeals from District Court of New South Wales
Local Court of New South Wales
Judge term length mandatory retirement by age of 72
Number of positions 53
Website supremecourt.justice.nsw.gov.au
Chief Justice of New South Wales
Currently Justice Tom Bathurst AC
Since 1 June 2011 (2011-06-01)

The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. Whilst the Supreme Court is the highest New South Wales court in the Australian court hierarchy, an appeal by special leave can be made to the High Court of Australia.

Matters of appeal can be submitted to the New South Wales Court of Appeal and Court of Criminal Appeal, both of which are constituted by members of the Supreme Court, in the case of the Court of Appeal from those who have been commissioned as judges of appeal.

The Supreme Court consists of 52 permanent judges, including the Chief Justice of New South Wales, presently Tom Bathurst, the President of the Court of Appeal, 11 Judges of Appeal, the Chief Judge at Common Law, and the Chief Judge in Equity.

The Supreme Court building is physically located in Queen's Square, Sydney, New South Wales.

History

Background

The first superior court of the Colony of New South Wales (known as the Supreme Court of Civil Judicature) was established by letters patent dated 2 April 1814, known as the Second Charter of Justice of New South Wales. 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. The jurisdiction of the Governor's Court and the Supreme Court extended to Van Diemen's Land (the former name for Tasmania). All three courts were concerned with civil matters only.[1]

Establishment

Legislation to establish a new supreme court for both New South Wales and Van Diemen's Land was prepared in London by James Stephen, counsel to the Colonial Office, and Francis Forbes, Chief Justice of Newfoundland and Chief Justice-designate of New South Wales. The act was called an "Act to provide for the better administration of justice in New South Wales and Van Diemen's Land and for the more effectual government thereof" and is commonly numbered as "4 Geo. IV, c. 96". The statute was passed on 19 July 1823.[2]

In consequence of this legislation, letters patent establishing the New South Wales Supreme Court were sealed on 13 October 1823, and proclaimed in Sydney on 17 May 1824. They are known as the Third Charter of Justice of New South Wales.

This charter provided that there should be a Chief Justice for the colony of New South Wales in the Island of New Holland (as the continent of Australia was then known), 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 (or acting 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. However, ex-convicts were not permitted to be admitted.

In 1840, a Port Phillip division of the Court was created, consisting of a single Resident Judge, to exercise the court's jurisdiction in the Port Phillip District of the Colony of New South Wales.[3] The division existed until 1852, when it was replaced by the Supreme Court of Victoria following the creation of the Colony of Victoria.[4]

Also in 1840, the Parliament of New South Wales established a separate equity division in the court. Limited jurisdiction in divorce cases was granted in 1873 and full Admiralty jurisdiction was added in 1911. The Supreme Court, in 1972, was one of the last Common Law jurisdictions in the world to fuse the administration of Equity and Common Law, although these continue as the historic names for the two divisions of the court. This process began in the United Kingdom with the passage of the Judicature Acts in 1873. Since 1930, three generations of the Street family have served New South Wales as Chief Justice.

Supreme Court Judges Carolyn Simpson, Margaret Beazley and Virginia Bell made headlines in April 1999 when the three sat in the Court of Criminal Appeal in Sydney.[5] The Judges threw out an appeal from a convicted computer hacker who had, out of "sheer maliciousness", been posting offensive messages on Ausnet's homepage. According to the Women Lawyers Association of NSW, there had never been an all-female bench in England or New Zealand at the time.[6]

Structure and jurisdiction

The court now operates under the Constitution Act 1902 (NSW), the Supreme Court Act 1970 (NSW), and the Civil Procedure Act 2005 (NSW), although provisions on the appointment and removal of judicial officers were incorporated into the state's Constitution in 1992.

The court consists of 52 permanent judges, three Acting Judges of Appeal, two Acting Judges, and an Associate Judge. Permanent judges include the Chief Justice of New South Wales, the President of the Court of Appeal, eleven Judges of Appeal (one of whom is currently the Chief Judge at Common Law), the Chief Judge at Common Law and the Chief Judge in Equity, and 38 Puisne Judges.

The Chief Judge in each trial division also sits in the Court of Appeal from time to time. Occasionally, puisne judges also sit in the Court of Appeal, though this is uncommon.

The court hears very serious cases such as murder and treason, civil cases involving more than $750 000, and civil matters such as wills, injunctions, and admiralty. The court's work at first instance is divided between the Common Law Division, which hears civil, criminal and administrative law matters, and the Equity Division, which hears equity, probate, commercial, admiralty, and protective matters. The court includes the Court of Appeal and the Court of Criminal Appeal which hear appeals from the District Court and the Local Court and from single judges sitting in the Common Law or Equity Divisions. The Court of Appeal also hears appeals from the Land and Environment Court of New South Wales and a number of administrative tribunals.

The Court of Appeal and the Court of Criminal Appeal are respectively the highest civil and criminal courts in the state. To appeal to the High Court of Australia from the Court of Appeal or the Court of Criminal Appeal, special leave must be granted by the High Court.

Appeals from state supreme courts to the High Court are not limited to matters in which a federal question arises and the Constitution empowers the Federal Parliament to make laws vesting state courts with federal jurisdiction. The High Court of Australia can review decisions of the Supreme Court of New South Wales in relation to the common law and equitable jurisdictions of the court as well. The High Court of Australia has exercised this power on a number of occasions.

Court buildings

View north-east along Elizabeth Street of the Greenway/Harris-designed courthouse with St James' Church pictured right (John Rae, 1842).

The Supreme Court of New South Wales was proclaimed in Sydney on 17 May 1824.

Greenway Wing

The inaugural Supreme Court building that is located on the corner of King Street and Elizabeth Street in the Sydney central business district, adjacent to what is now known as Queen's Square, was built between 1820 and 1828. The two-storey rectangular Georgian building, with an additional loggia and cornice added in 1868, was designed by Francis Greenway in 1819 under the direction of Governor Macquarie. This building is now called the Greenway Wing. Greenway was dismissed before the building was completed and its design was so modified by his successor, Standish Lawrence Harris, that the building barely resembles his original design. The building was occupied by the Supreme Court from 1827. In the 1860s James Barnet designed additions for the building including an arcaded loggia along the King Street façade and the new classical cornice and parapet for the roof, giving the structure a Victorian Italianate appearance. The building was added to the New South Wales State Heritage Register on 2 April 1999.[7][8]

Greenway was also responsible for designing the nearby Hyde Park Barracks, recorded on the UNESCO World Heritage List, and St James' Church, listed on the New South Wales State Heritage Register.[9][10][11]

Old Registry Wing

The Old Registry building, the second structure to house the Court, completed in 1862, looking east across Elizabeth Street.

The second structure to house the Court is located immediately the southwest of the Greenway Wing on the corner of Elizabeth Street and St James Road. Designed by Government Architect Alexander Dawson, it is one of only two Government buildings which were designed in the Victorian Free Gothic style, the other being the nearby Land Titles Office. Built between 1859 and 1862 and listed on the New South Wales State Heritage Register on 2 April 1999, the site is now known as the Old Registry Building. Barnet extended the Old Registry building in 1875 and 1886.[12]

Banco Road Court

Designed by Walter Liberty Vernon and built between 1895 and 1896 in the Federation Free Classical style, the two-storey rich red brick Banco Road Court building was the third location of the Supreme Court. The Banco Wing is located to the east of the Old Registry building on St James Road and south of the Greenway Wing and makes little reference to the earlier buildings in either style or detailing. The interior of the courtroom has aesthetic significance and is said to be modelled on St Stephen's Court in Dublin. Despite it's naming, the Court is located in St James' Road, opposite the north-western edge of Hyde Park. There is no Banco Court Road.

Law Courts building

In 1976 the New South Wales Government completed construction of the Sydney Law Courts building, facing Queen's Square and bounded by Phillip Street and Macquarie Street. The 27-storey 33,000-square-metre (360,000 sq ft) building is owned by Law Courts Limited, a company whose shareholders comprise the Government of Australia and the Government of New South Wales. The building houses the High Court of Australia (when it sits in Sydney), the Federal Court of Australia and the NSW Supreme Court. The building was designed by architects McConnell Smith and Johnson and received an RAIA Merit Award in 1977 and stands as a strong, singular statement representative of its time and a product of the brutalist school of architecture. Refurbished in 2009 at a cost of A$214 million, a range of sustainability measures were implemented to extend the life and amenity of the building.[13]

Judges

The current judges serving on the Court as of July 2017, and the dates of their appointment, are listed below.

Name Position Appointment
commenced
Appointment
ended
Term in office Comments Notes
Tom Bathurst AC Chief Justice 1 June 2011 7 years, 134 days [14][15]
Margaret Beazley AO President of the Court of Appeal 1 March 2013 5 years, 226 days [16]
Judge of Appeal 29 April 1996 22 years, 167 days
Ruth McColl AO Judge of Appeal 29 April 2003 15 years, 167 days
John Basten Judge of Appeal 2 May 2005 13 years, 164 days
Robert Macfarlan Judge of Appeal 8 September 2008 10 years, 35 days [17]
Anthony Meagher Judge of Appeal 10 August 2011 7 years, 64 days [18]
Clifton Hoeben AM RFD Chief Judge at Common law February 22, 2013 5 years, 233 days
Judge August 16, 2004 14 years, 58 days
Julie Ward Chief Judge in Equity 15 March 2017 1 year, 212 days [19]
Judge of Appeal 12 November 2012 5 years, 335 days
Judge 29 September 2008 10 years, 14 days [20]
Peter McClellan AM Judge of Appeal 21 February 2013 5 years, 234 days Chief Royal Commissioner of the child abuse Royal Commission
Chief Judge at Common Law 1 September 2005 21 February 2013 7 years, 173 days
Judge 29 January 2001 25 August 2003 2 years, 208 days Appointed Chief Judge of the Land and Environment Court
(25 August 2003 – 1 September 2005)
Fabian Gleeson Judge of Appeal 29 April 2013 5 years, 167 days [21]
Mark Leeming Judge of Appeal 3 June 2013 5 years, 132 days [22]
Carolyn Simpson Judge of Appeal 11 June 2015 3 years, 124 days
Anthony Payne Judge of Appeal 30 March 2016 2 years, 197 days
Richard White Judge of Appeal 15 March 2017 1 year, 212 days [19]
Judge 27 April 2004 14 years, 169 days [23]
Reginald Barrett Acting Judge of Appeal 16 March 2016 2 years, 211 days
Judge of Appeal 25 January 2012 20 April 2015 3 years, 85 days Retired at age 71, later appointed as an Acting Judge of Appeal [24][25]
Judge March 19, 2001 14 years, 32 days [26]
Arthur Emmett AO Judge of Appeal 7 March 2013 30 September 2015 2 years, 207 days Judge of the Federal Court (3 Feb 1997 - 6 Mar 2013) [27]
Acting Judge of Appeal 30 September 2015 3 years, 13 days
Ronald Sackville AO Acting Judge of Appeal 1 September 2008 10 years, 42 days Judge of the Federal Court (19 Sep 1994 - 25 Aug 2008)
Michael Walton Judge 8 December 2016 1 year, 309 days
IRC Judicial Member 18 December 1998 19 years, 299 days Vice President & President of the Industrial Court of NSW
(April 1998 - 7 December 2016)
[28][29]
Robert McDougall Judge 21 August 2003 15 years, 53 days
Peter Johnson Judge 1 February 2005 13 years, 254 days
Megan Latham Judge 12 April 2005 13 years, 184 days Former Commissioner of ICAC
Stephen Rothman AM Judge 3 May 2005 13 years, 163 days
Paul Brereton AM RFD Judge 15 August 2005 13 years, 59 days
Derek Price AM Judge 28 August 2006 12 years, 46 days [30]
David Hammerschlag Judge 30 January 2007 11 years, 256 days [31]
Ian Harrison Judge 12 February 2007 11 years, 243 days [32]
Elizabeth Fullerton Judge 19 February 2007 11 years, 236 days [33]
Lucy McCallum Judge 30 January 2008 10 years, 256 days
Nigel Rein Judge 5 May 2008 10 years, 161 days Judge of the District Court
(2002 - 4 May 2008
[34]
Robert Hulme Judge 2 March 2009 9 years, 225 days [35]
Michael Slattery Judge 25 May 2009 9 years, 141 days [36]
David Davies Judge 29 June 2009 9 years, 106 days [37]
Monika Schmidt Judge 27 July 2009 9 years, 78 days Judge of the Industrial Court of NSW (1993-2009) [38]
Michael Pembroke Judge 12 April 2010 8 years, 184 days [39]
Michael Ball Judge 13 April 2010 8 years, 183 days [40]
Peter Garling RFD Judge 7 June 2010 8 years, 128 days [41]
John Sackar Judge 1 February 2011 7 years, 254 days [42]
Ashley Black Judge 4 July 2011 7 years, 101 days [43]
Christine Adamson Judge 17 October 2011 6 years, 361 days [44]
Geoffrey Bellew Judge 31 January 2012 6 years, 255 days [24][45]
James Stevenson Judge 1 February 2012 6 years, 254 days [24][46]
Robert Beech-Jones Judge 12 March 2012 6 years, 215 days [47]
Stephen Campbell Judge 2 May 2012 6 years, 164 days [48]
Richard Button Judge 12 June 2012 6 years, 123 days [49]
Geoff Lindsay Judge 6 August 2012 6 years, 68 days [50]
Philip Hallen Judge 12 November 2012 5 years, 335 days
Associate Judge 5 July 2010 11 November 2012 2 years, 129 days [51]
Francois Kunc Judge 8 April 2013 5 years, 188 days [52]
Stephen Robb Judge 20 June 2013 5 years, 115 days [53]
Rowan Darke Judge 16 August 2013 5 years, 58 days [54]
Robertson Wright Judge 25 October 2013 4 years, 353 days [55]
Peter Hamill Judge 29 April 2014 4 years, 167 days [56]
Helen Wilson Judge 3 November 2014 3 years, 344 days
Des Fagan Judge 11 June 2015 3 years, 124 days
Natalie Adams Judge 5 April 2016 2 years, 191 days
Julia Lonergan Judge 21 March 2017 1 year, 206 days [19]
Guy Parker Judge 6 April 2017 1 year, 190 days [57]
Peter Hidden AM Acting Judge March 2016 2 years, 226 days
Judge 16 October 1995 February 2016 22 years, 362 days
Jane Mathews AO Acting Judge
Joanne Harrison Associate Judge

See also

References

  1. ^ "Second Charter of Justice" (PDF). Founding Documents. Historical Records of Australia. 2 April 1814. p. 10. Retrieved 8 March 2012.
  2. ^ "Third Charter of Justice". Historical Records of Australia. 13 October 1823. Archived from the original on 3 April 2007. Retrieved 8 March 2012.
  3. ^ Bennett, J. M. (1974). A History of the Supreme Court of New South Wales. Sydney: The Law Book Co. ISBN 0-455-19240-5.
  4. ^ Bennett, J. M. (2001). Sir William a'Beckett: First Chief Justice of Victoria 1852-1857. Leichhardt, New South Wales: The Federation Press. ISBN 1-86287-409-3.
  5. ^ Graham, Sally (2000-05-26). "Setting the Benchmark". Alumni news. Charles Sturt University. Archived from the original on 2005-07-19. Retrieved 2008-02-10.
  6. ^ "Media Watch" (PDF). Gazette. Sydney, NSW: The University of Sydney. 1999. p. 14. Archived from the original (PDF) on 2008-02-28. Retrieved 2008-02-10..
  7. ^ "Sydney Supreme Court House (Old Court House), New South Wales State Heritage Register (NSW SHR) Number H00800". New South Wales State Heritage Register. Office of Environment and Heritage. Retrieved 2 June 2018.
  8. ^ "Sydney Supreme Courthouse (Old Supreme Court)". New South Wales Heritage Database. Office of Environment and Heritage. Retrieved 27 August 2018.
  9. ^ "UNESCO World Heritage Centre – World Heritage Committee inscribes seven cultural sites on World Heritage List". UNESCO World Heritage Centre website. United Nations. 31 July 2010. Retrieved 25 October 2017.
  10. ^ "Hyde Park Barracks, New South Wales State Heritage Register (NSW SHR) Number H00190". New South Wales State Heritage Register. Office of Environment and Heritage. Retrieved 25 October 2017.
  11. ^ "St. James' Anglican Church, New South Wales State Heritage Register (NSW SHR) Number H01703". New South Wales State Heritage Register. Office of Environment and Heritage. Retrieved 17 November 2013.
  12. ^ "Old Registry Office, Sydney Supreme Court House, New South Wales State Heritage Register (NSW SHR) Number H00801". New South Wales State Heritage Register. Office of Environment and Heritage. Retrieved 27 August 2018.
  13. ^ Pearse , Stephen (30 July 2009). "Refit does justice to law courts". FM Magazine. Niche Media. Retrieved 27 August 2018.
  14. ^ Patty, A (13 May 2011). "Tom Bathurst appointed NSW Chief Justice". The Sydney Morning Herald.
  15. ^ "Swearing-In Ceremony of the Honourable TF Bathurst QC". [2011] NSW Judicial Scholarship 17.
  16. ^ Alexander, H (20 December 2012). "First female head to run appeal court". The Sydney Morning Herald. Retrieved 8 August 2016.
  17. ^ "Swearing-In Ceremony of the Honourable Robert Bruce Scott Macfarlan QC". [2008] NSW Judicial Scholarship 20.
  18. ^ "Swearing-In Ceremony of the Honourable Anthony Meagher SC". [2011] NSW Judicial Scholarship 24.
  19. ^ a b c Speakman M, NSW Attorney General (8 March 2017). "New NSW Supreme Court judges appointed".
  20. ^ "Swearing-In Ceremony of the Honourable Julie Ward". [2008] NSW Judicial Scholarship 19.
  21. ^ "Swearing in Ceremony of the Honourable Justice Fabian Gleeson". [2013] NSW Judicial Scholarship 13.
  22. ^ "Swearing-In Ceremony of the Honourable Justice Mark James Leeming SC". [2013] NSW Judicial Scholarship 23.
  23. ^ "Swearing-In Ceremony Of The Honourable Richard Weeks White". [2013] NSW Judicial Scholarship 8.
  24. ^ a b c Smith, G NSW Attorney-General (8 December 2011). "Judicial Appointments for NSW" (PDF).
  25. ^ "Farewell Ceremony for the Hon Justice R I Barrett" (PDF). NSW Supreme Court. 20 April 2015.
  26. ^ "Swearing in Ceremony of the Honourable Reginald Ian Barrett" (PDF). NSW Supreme Court.
  27. ^ "Swearing in Ceremony of the Honourable Arthur Robert Emmett". [2013] NSW Judicial Scholarship 8.
  28. ^ "Annual report 1998" (PDF). Industrial Relations Commission of NSW.
  29. ^ Justice Walton's service as an IRC judicial member counts towards his service as a Judge of the Supreme Court pursuant to Part 18 of Schedule 4 to the Industrial Relations Act 1996 as inserted by the Industrial Relations Amendment (Industrial Court) Act 2016 (NSW)
  30. ^ "Swearing in Ceremony of the Honourable Derek Michael Price". [2006] NSW Judicial Scholarship 12.
  31. ^ "Swearing in Ceremony of the Honourable David Jacob Hammerschlag". [2007] NSW Judicial Scholarship 1.
  32. ^ "Swearing in Ceremony of the Honourable Ian Gordon Harrison". [2007] NSW Judicial Scholarship 3.
  33. ^ "Swearing in Ceremony of the Honourable Elizabeth Fullerton SC". [2007] NSW Judicial Scholarship 2.
  34. ^ "Swearing-In Ceremony of the Honourable Nigel Rein". [2008] NSW Judicial Scholarship 11.
  35. ^ "Swearing-In Ceremony of the Honourable Robert Hulme". [2009] NSW Judicial Scholarship 5.
  36. ^ "Swearing-In Ceremony of the Honourable Michael Slattery QC". [2009] NSW Judicial Scholarship 9.
  37. ^ "Swearing-In Ceremony of the Honourable David Davies SC". [2009] NSW Judicial Scholarship 10.
  38. ^ Hatzistergos, J (2 July 2009). "Media Release: IR Judge appointed to NSW Supreme Court" (PDF).
  39. ^ "Swearing-In Ceremony of the Honourable Michael Pembroke SC". [2010] NSW Judicial Scholarship 6.
  40. ^ "Swearing-In Ceremony of the Honourable Michael Ball". [2010] NSW Judicial Scholarship 14.
  41. ^ "Swearing-In Ceremony of the Honourable Peter Garling RFD SC". [2010] NSW Judicial Scholarship 13.
  42. ^ "Swearing-In Ceremony of the Honourable John Sackar QC". [2011] NSW Judicial Scholarship 2.
  43. ^ "Swearing-In Ceremony of the Honourable Ashley Black". [2011] NSW Judicial Scholarship 20.
  44. ^ "Swearing-In Ceremony of the Honourable Christine Adamson SC". [2011] NSW Judicial Scholarship 34.
  45. ^ "Swearing-In Ceremony of the Honourable Geoffrey Bellew". [2012] NSW Judicial Scholarship 3.
  46. ^ "Swearing-In Ceremony of the Honourable James Stevenson". [2012] NSW Judicial Scholarship 8.
  47. ^ "Swearing-In Ceremony of the Honourable Robert Beech-Jones". [2012] NSW Judicial Scholarship 15.
  48. ^ "Swearing-In Ceremony of the Honourable Stephen Campbell". [2012] NSW Judicial Scholarship 23.
  49. ^ "Swearing-In Ceremony of the Honourable Richard Button". [2012] NSW Judicial Scholarship 25.
  50. ^ "Swearing-In Ceremony of the Honourable Geoffrey Charles Lindsay". [2012] NSW Judicial Scholarship 31.
  51. ^ "Swearing-In Ceremony of the Honourable Phillip Hallen SC". [2010] NSW Judicial Scholarship 15.
  52. ^ "Swearing-In Ceremony of the Honourable Francois Kunc SC". [2013] NSW Judicial Scholarship 14.
  53. ^ "Swearing-In Ceremony of the Honourable Justice Stephen Robb QC". [2013] NSW Judicial Scholarship 20.
  54. ^ "Swearing in Ceremony of the Honourable Justice Rowan James Hunter Darke SC". [2013] NSW Judicial Scholarship 28.
  55. ^ "Swearing in Ceremony of the Honourable Justice Robertson Wright". [2013] NSW Judicial Scholarship 38.
  56. ^ "Swearing-In Ceremony of the Honourable Peter Hamill SC". [2014] NSW Judicial Scholarship 24.
  57. ^ Speakman, M Attorney-General (15 March 2017). "New NSW Supreme Court judge appointed" (PDF).

External links

  • Media related to Supreme Court of New South Wales at Wikimedia Commons
  • "First Charter of Justice" (PDF). Historical Records of Australia. 2 April 1787.
  • Constitution Act 1902 (NSW), Part 9 The judiciary
  • Supreme Court Act 1970 (NSW)
  • Civil Procedure Act 2005 (NSW)
  • "Supreme Court - Our History". Lawlink NSW. Retrieved 28 May 2005.
  • Chief Justices of New South Wales - Law and History 2: LawlinkNSW
  • Brief Overview of the Jurisdiction of the Supreme Court of New South Wales
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