The Court of Appeal was established in 1965, replacing the former appellate Full Court of the New South Wales Supreme Court,[2] and commenced operations on 1 January 1966 with the appointment of the President, Sir Gordon Wallace, and six Judges of Appeal, Bernard Sugerman, Charles McLelland, Cyril Walsh, Kenneth Jacobs, Kenneth Asprey and John Holmes Dashwood.

The advent of the Court of Appeal was controversial, as it introduced another order and unexpectedly uprooted the established order of hierarchy and seniority among judges of the Supreme Court.

Apart from the Chief Justice and the President of the Court, there are nine judges of appeal with current commissions.

Each sit full-time in the Court of Appeal, although will hear primary cases in the Divisions as the need arises.

The Chief Judge at Common Law and the Chief Judge in Equity also sit on the Court of Appeal (and the Court of Criminal Appeal) from time to time.