New South Wales Consolidated Acts

SUPREME COURT ACT 1970 - SECT 48

48 Assignment to the Court of Appeal

(1)

(a) In this section-

"specified tribunal" means-

(i) the Land and Environment Court or a Judge of that Court,

(ii) the Industrial Relations Commission or a member of the Commission,

(iia) the Dust Diseases Tribunal of New South Wales,

(iv) the District Court or a Judge of the District Court (but not a Judicial Registrar of that Court),

(vi) a judge or member functioning or purporting to function under any Act giving power to a judge or member, whether as judge or member or as a designated person,

(vii) a tribunal or other body (not including the State Parole Authority) that was constituted by one or more judges or members when exercising the functions, or purporting to exercise the functions, to which the proceedings in the Court relate, or

(viii) the Civil and Administrative Tribunal when exercising functions, or purporting to exercise functions, for the purposes of the Legal Profession Uniform Law (NSW) (including as applied by the Public Notaries Act 1997 ).

(b) In paragraph (a) (vi) and (vii),
"judge or member" means a person who is or has been-

(i) a Judge or associate Judge, or

(ii) a judge or member of any body referred to in paragraph (a) (i)-(iv), or

(iii) a Justice of the High Court or a Judge of the Federal Court of Australia or a Supreme Court of another State or Territory.

(2) There are assigned to the Court of Appeal proceedings in the Court-

(b) for commanding or otherwise requiring a specified tribunal to perform a public duty,

(c) for prohibiting or otherwise restraining a specified tribunal from proceeding in any matter before the tribunal,

(d) for commanding or otherwise requiring the removal into the Court of any matter before a specified tribunal, whether for the purpose of quashing or otherwise, but this paragraph has effect subject to subsection (3),

(e) for determining, by declaration or otherwise, any matter concerning the powers of a specified tribunal,

(f) on an appeal from a specified tribunal,

(g) for otherwise reviewing a decision of a specified tribunal,

(h) on a case stated by a specified tribunal,

(ha) for determining any question of law referred to the Court for its opinion under the Civil and Administrative Tribunal Act 2013 ,

(i) for the punishment of contempt of the Court, but only if the contempt consists of-

(i) contempt in the face of, or in the hearing of, the Court of Appeal, or

(ii) disobedience of a judgment or order of the Court of Appeal, or

(iii) breach of an undertaking given to the Court of Appeal,

including proceedings in which the Court of Appeal is constituted by an associate Judge,

(j) for such matters as are necessary or convenient for the discharge of the functions of the Court of Appeal, and

(k) for such matters as are prescribed by the rules.

(3) Notwithstanding paragraph (d) of subsection (2), the rules may provide for the assignment to the Divisions of the Court of proceedings in the Court for commanding or otherwise requiring the removal into the Court of any matter before a specified tribunal in cases not involving a review of a decision of a specified tribunal.