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SUPREME COURT ACT 1986 - SECT 11

Way in which Court of Appeal may be constituted

S. 11(1) substituted by No. 64/1996 s. 41(1).

    (1)     Subject to this Act and the Rules, any 3 or more Judges of Appeal constitute, and may exercise all the jurisdiction and powers of, the Court of Appeal.

S. 11(1A) inserted by No. 64/1996 s. 41(1).

    (1A)     If the President of the Court of Appeal so determines in a particular case, 2 Judges of Appeal constitute, and may exercise all the jurisdiction and powers of, the Court of Appeal.

S. 11(1B) inserted by No. 64/1996 s. 41(1).

    (1B)     The Rules may provide that in particular classes of applications or appeals to or proceedings in the Court of Appeal, 2 Judges of Appeal may constitute, and may exercise all the jurisdiction and powers of, the Court of Appeal.

S. 11(1C) inserted by No. 62/2014 s. 3(1).

    (1C)     Subject to subsection (9), the Rules may provide that a single Judge of Appeal may constitute, and may exercise all the jurisdiction and powers of, the Court of Appeal—

        (a)     in particular kinds of applications and appeals to or proceedings in the Court of Appeal; or

        (b)     generally.

    (2)     More than one sittings of the Court of Appeal may be held at the same time.

    (3)     When more than one sittings of the Court of Appeal are held at the same time, the jurisdiction and powers of the Court of Appeal may be exercised at each sittings.

S. 11(4) amended by Nos 24/2007 s. 10(2), 24/2008 s. 17, 62/2014 s. 3(2).

    (4)     The Rules may provide that the jurisdiction and powers of the Court of Appeal may, in particular kinds of applications or proceedings, be exercised by an Associate Judge.

S. 11(4A) inserted by No. 34/2010 s. 11(1).

    (4A)     Subject to this Act, the Rules may provide that the jurisdiction and powers of the Court of Appeal may, in particular kinds of applications or proceedings be exercised by a judicial registrar if—

        (a)     the matter is a kind of proceeding for which provision is made by the Rules for the Court of Appeal to be constituted by a judicial registrar; and

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

S. 11(4B) inserted by No. 62/2014 s. 3(3).

    (4B)     The Rules may provide that in particular kinds of applications, appeals or proceedings, the Court of Appeal may discharge or vary a judgment, order or direction given or made by a single Judge of Appeal.

S. 11(5) amended by No. 64/1996 s. 41(2), substituted by No. 24/2007 s. 10(3), amended by Nos 24/2008 s. 17, 34/2010 s. 11(2), 62/2014 s. 3(4).

    (5)     The Court of Appeal may discharge or vary a judgment, order or direction given or made by an Associate Judge or a judicial registrar.

S. 11(6) amended by Nos 64/1996 s. 41(3), 62/2014 s. 3(5).

    (6)     Unless the Court of Appeal discharges or varies a judgment, order or direction in accordance with any Rules made under subsection (4B), a judgment, order or direction given or made by a single Judge of Appeal has effect as a judgment, order or direction of the Court of Appeal.

S. 11(7) inserted by No. 24/2007 s. 10(4), amended by No. 24/2008 s. 17.

    (7)     Subject to subsection (5), a judgment, order or direction given or made by an Associate Judge when exercising the jurisdiction and powers of the Court of Appeal has effect as a judgment, order or direction of the Court of Appeal.

S. 11(8) inserted by No. 34/2010 s. 11(3).

    (8)     Subject to subsection (5), a judgment, order or direction given or made by a judicial registrar when exercising the jurisdiction and powers of the Court of Appeal has effect as a judgment, order or direction of the Court of Appeal.

S. 11(9) inserted by No. 62/2014 s. 3(6).

    (9)     Subsection (1C) does not apply in relation to—

        (a)     an appeal from a refusal to grant habeas corpus; or

        (b)     an appeal under the Serious Sex Offenders (Detention and Supervision) Act 2009 .

No. 6387
ss 36(3), 38.

S. 12 substituted by No. 109/1994 s. 20.



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