New South Wales Consolidated Acts

SUPREME COURT ACT 1970 - SECT 36

36 Additional Judges of Appeal

(1) The Governor may, by commission under the public seal of the State, appoint any Judge to act as an additional Judge of Appeal during such period not exceeding six months as may be specified in the commission.

(2) Whenever the Chief Justice certifies that in any proceeding before the Court of Appeal it is expedient that a Judge nominated in the certificate should act as an additional Judge of Appeal, the Judge so nominated may act as an additional Judge of Appeal for the purposes of that proceeding.

(3) Every additional Judge of Appeal appointed or nominated pursuant to this section shall, while so acting, have all the powers, authorities, privileges and immunities and shall fulfil all the duties of a Judge of Appeal.

(4) The fact that any Judge sits and acts as an additional Judge of Appeal shall be sufficient evidence of the Judge's authority to do so, and no judgment or order of the Court of Appeal while the Judge so acts shall be questioned on the ground that the occasion for the Judge's so acting had not arisen or had ceased to exist.

(5) Every Judge who, pursuant to this section, has acted as an additional Judge of Appeal may attend the sittings of the Court of Appeal for the purpose of giving judgment in, or otherwise completing, any proceedings which have been heard by that Court while the Judge so acted, notwithstanding that the Judge is no longer an additional Judge of Appeal.

(6) While a Judge attends a sitting to give a judgment or otherwise complete any proceedings under subsection (5) that have been heard while the Judge was acting as an additional Judge of Appeal, the Judge has all the entitlements and functions of a Judge of Appeal and, for the purpose of that judgment or those proceedings, is taken to continue to be a Judge of Appeal.