Australian Capital Territory Numbered Acts

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SUPREME COURT (AMENDMENT) ACT (NO. 2) (NO. 91 OF 1993) - SECT 8

Substitution

8. (1) Section 11 of the Principal Act is repealed and the following section substituted:

“11. (1) The jurisdiction of the Court in an application for admission to practise as a barrister and solicitor of the Court shall be exercised by a Full Court unless the Chief Justice directs otherwise.

“(2) The jurisdiction of the Court in proceedings relating to the issue, suspension or cancellation of a practising certificate under the Legal Practitioners Act 1970 shall be exercised by a Full Court.

“(3) The jurisdiction of the Court in proceedings under Division 3 of Part V of the Legal Practitioners Act 1970 shall, as regards—

        (a)     a finding whether the conduct of a legal practitioner has been such as to justify it making an order under subsection 41 (1) of that Act; or

        (b)     making such an order in relation to a legal practitioner;

be exercised by a Full Court.

“(4) Nothing in this section prevents a single Judge, in proceedings referred to in subsection (2) or (3), from—

        (a)     making any findings of fact; or

        (b)     giving directions of an interlocutory kind.

“(5) A single Judge who has heard any part of proceedings referred to in subsection (3) for the purpose of making any findings of fact may be 1 of the Judges who exercise the jurisdiction of the Court in those proceedings pursuant to that subsection.”.

(2) Subsections 11 (3), (4) and (5) of the Principal Act as amended by subsection (1) shall be taken to apply in relation to conduct of a legal practitioner whether occurring before or after the commencement of that subsection.



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