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CONSTITUTION ACT 1975 - SECT 75A

Divisions of Court[13]

    (1)     The Court is divided into—

        (a)     the Court of Appeal; and

        (b)     the Trial Division.

    (2)     The Court of Appeal consists of—

        (a)     the Chief Justice, who is the senior member of the Court of Appeal;

        (b)     the President of the Court of Appeal;

        (c)     the other Judges of Appeal;

        (d)     the additional Judges of Appeal appointed or acting under section 80B.

S. 75A(2A) inserted by No. 24/2007 s. 10(1), amended by No. 24/2008 s. 5(a).

    (2A)     The Court of Appeal may be constituted by an Associate Judge in the case of a proceeding for which provision is made by an Act or enactment or by rules of court for the Court of Appeal to be so constituted.

S. 75A(2B) inserted by No. 34/2010 s. 8(1).

    (2B)     The Court of Appeal may be constituted by a judicial registrar appointed in accordance with Division 2A of Part 7 of the Supreme Court Act 1986 in the case of a proceeding for which provision is made by the Supreme Court Act 1986 or by rules of court for—

        (a)     the Court of Appeal to be so constituted; and

        (b)     the delegation to judicial registrars of powers of the Court of Appeal to hear and determine such a matter or proceeding.

    (3)     The Trial Division consists of—

        (a)     the Chief Justice;

        (b)     the other Judges of the Court referred to in section 75(3).

S. 75A(4) amended by No. 24/2008 s. 5(b).

    (4)     The Trial Division may be constituted by an Associate Judge in the case of a proceeding for which provision is made by an Act or enactment or by rules of court for the Court or the Trial Division to be so constituted.

S. 75A(5) inserted by No. 34/2010 s. 8(2).

    (5)     The Trial Division may be constituted by a judicial registrar appointed in accordance with Division 2A of Part 7 of the Supreme Court Act 1986 in the case of a proceeding for which provision is made by the Supreme Court Act 1986 or by rules of court for—

        (a)     the Court or the Trial Division to be so constituted; and

        (b)     the delegation to judicial registrars of powers of the Court or Trial Division to hear and determine such a matter or proceeding.

S. 75A(6) inserted by No. 5/2013 s. 4, amended by No. 63/2013 s. 4(1).

    (6)     In this section, a reference to "Judges of Appeal" includes any reserve Judges engaged under section 81B or taken to be engaged under section 81GA to undertake the duties of a Judge of Appeal during any period of engagement.

S. 75A(7) inserted by No. 63/2013 s. 4(2).

    (7)     For the avoidance of doubt, in subsection (3)(b) "Judges of the Court" includes any reserve Judge engaged under section 81B to undertake the duties of a Judge of the Court during any period of engagement or acting under section 81GA.

S. 75B inserted by No. 109/1994 s. 6.



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