Australian Capital Territory Numbered Acts

COURTS AND OTHER JUSTICE LEGISLATION AMENDMENT ACT 2021 (NO. 13 OF 2021) - SECT 44

substitute

60A     Power to complete part-heard proceedings

    (1)     This section applies if a proceeding (including a proceeding in the Full Court or the Court of Appeal) is not finally determined when a judge or associate judge (the former judge or associate judge ) hearing the proceeding ceases to hold office.

    (2)     The former judge or associate judge—

        (a)     is taken to continue to hold office for the purpose of determining the proceeding; and

        (b)     may continue to exercise the court's jurisdiction for the purpose of hearing and determining the proceeding, including giving judgment, making an order or completing or otherwise continuing to deal with any matter relating to the proceeding.

    (3)     However, the former judge or associate judge is not entitled to any remuneration, allowances or entitlements under this Act for holding office under this section.

    (4)     This section does not apply if a judge or associate judge is removed from office.

    (5)     Nothing in this section prevents a person being appointed as an acting judge.