Commonwealth Numbered Acts

NORTHERN TERRITORY SUPREME COURT ACT 1975 No. 84, 1975 - SECT 6

6. After section 13 of the Principal Act the following sections are inserted:-
Exercise of jurisdiction in relation to legal practitioners.
''13A. (1) The jurisdiction of the Supreme Court in any matter relating to the
professional behaviour or conduct of a legal practitioner, being a matter
arising under a law of the Territory relating to legal practitioners, shall,
subject to section 14, be exercised by not less than 3 Judges sitting together
in Court.

''(2) The senior Judge may, from time to time, make arrangements with respect
to the allocation of Judges for the exercise of the jurisdiction of the Court
that is exercisable in accordance with sub-section (1). Power of Judge to
order that jurisdiction in a matter be exercised by not less than 3 Judges.
''13B. (1) This section applies in relation to matters in which, but for this
section, the jurisdiction of the Court would be exercisable by one Judge.

''(2) At any time before the commencement of the hearing of a matter in
relation to which this section applies, a Judge may order that the
jurisdiction of the Supreme Court in that matter shall be exercised by not
less than 3 Judges.

''(3) At any time after the commencement of the hearing of a matter in
relation to which this section applies, the Judge hearing the matter may order
that the jurisdiction of the Supreme Court in that matter shall be exercised
by not less than 3 Judges.

''(4) Where an order has been made under sub-section (2) or (3) in relation to
a matter-

   (a)  the jurisdiction of the Court in that matter shall, subject to section
        14, be exercised by not less than 3 Judges sitting together in Court;

   (b)  the senior Judge shall make arrangements as to which Judges are to
        exercise the jurisdiction of the Court in that matter; and

   (c)  the Court may give such directions as it thinks proper as to the
        procedure to be followed in the further conduct of the proceedings,
        including, in a case where evidence was received before the making of
        the order, directions as to the use (if any) to be made of that
        evidence. Exercise of jurisdiction by one or more Judges does not
        prevent exercise of jurisdiction by one or more other Judges.
''13C. The Court constituted by one or more Judges may sit and exercise the
jurisdiction of the Court in accordance with this Act notwithstanding that the
Court constituted by one or more other Judges is at the same time sitting and
exercising the jurisdiction of the Court. Manner in which question to be
decided whether jurisdiction exercised by 3 or more Judges.
''13D. If 3 or more Judges sitting together in accordance with section 13A or
13B are divided in opinion as to the decision to be given on any question, the
question shall be decided according to the opinion of the majority, if there
is a majority, but if the Judges are equally divided in opinion-

   (a)  where a Judge appointed under sub-section (1) of section 7 is, or
        Judges appointed under that sub-section are, so sitting, the opinion
        of that Judge or of the senior of them, as the case may be, shall
        prevail; or

   (b)  where no such Judge is so sitting, the opinion of the senior
        additional Judge present shall prevail.''.