New South Wales Consolidated Acts

SUPREME COURT ACT 1970 - SECT 28A

28A Special provisions as to Chief Judges who are not Judges of Appeal

(1) This section applies to the Chief Judges, but does not apply to a Chief Judge who is a Judge of Appeal by virtue of having been appointed as such.

(2) A Chief Judge to whom this section applies--

(a) shall, while holding that office, be deemed by virtue of this section to be an additional Judge of Appeal, and

(b) shall, while acting as an additional Judge of Appeal, have all the powers, authorities, privileges and immunities of a Judge of Appeal,

and the provisions of section 36 (4) and (5) apply to and in respect of that Chief Judge in the Chief Judge's capacity as an additional Judge of Appeal under this section in the same way as they apply to and in respect of a Judge in the Judge's capacity as an additional Judge of Appeal appointed or nominated under section 36.

(3) The Chief Judges to whom this section applies shall have seniority, rank and precedence over all the Judges (including any Judge who is for the time being an additional Judge of Appeal otherwise than by virtue of this section) except the Chief Justice, the President of the Court of Appeal and the Judges of Appeal and over all persons who, in accordance with the provisions of any Act, have the same rank, title, status and precedence as a Judge of the Supreme Court.

(4) The Chief Judges to whom this section applies shall have seniority, rank and precedence between themselves according to the dates of their relevant commissions.

(5) If the relevant commissions of more than one of the Chief Judges to whom this section applies bear the same date they shall have seniority, rank and precedence according to the seniority, rank and precedence assigned to them by their relevant commissions, or failing any such assignment according to the order of their being sworn--

(a) in the case of a Judge referred to in subsection (7) (a)--as a Judge, or

(b) in the case of a Judge referred to in subsection (7) (b)--as Chief Judge.

(6) If a Chief Judge to whom this section applies resigns his or her office as a Chief Judge without resigning his or her office as a Judge, he or she shall then have the seniority, rank, status and precedence he or she would have had if he or she had not been a Chief Judge.

(7) In this section, a reference to the relevant commission is--

(a) in relation to a Judge holding office as Chief Judge immediately before the commencement of section 6 of the Administration of Justice Act 1973 --a reference to the Judge's commission as a Judge, or

(b) in relation to a Judge the date of whose commission as Chief Judge is later than the date of that commencement--a reference to the Judge's commission as Chief Judge.