Western Australian Current Acts

SUPREME COURT ACT 1935 - SECT 10B

10B .         Acting judges of appeal

        (1)         If the Chief Justice and the President agree that the Court of Appeal needs an acting judge of appeal, the Chief Justice in writing may authorise a judge, acting judge, or auxiliary judge, who is willing to do so, to act as a judge of appeal for a period specified in the authorisation of not more than 6 months.

        (2)         If —

            (a)         the Chief Justice and the President agree that a particular judge, acting judge or auxiliary judge should act as a judge of appeal in a particular proceeding before the Court of Appeal; and

            (b)         the particular judge, acting judge or auxiliary judge is willing to do so,

                the Chief Justice in writing may authorise the judge, acting judge, or auxiliary judge to do so.

        (3)         A judge, acting judge, or auxiliary judge who is authorised to act as a judge of appeal under this section has the same powers and may exercise the same jurisdiction as a judge of appeal.

        (4)         An acting judge of appeal may complete any proceeding that is pending before him as an acting judge of appeal immediately before he ceases to be an acting judge of appeal.

        [Section 10B inserted: No. 45 of 2004 s. 10.]