Western Australian Current Acts

SUPREME COURT ACT 1935 - SECT 41

41 .         Single judge to preside unless Court of Appeal to do so

        (1)         All causes and matters within the jurisdiction of the Court which are not required by this Act or the rules of court, or by any statute in force in this State, to be heard and determined by the Court of Appeal shall be heard, determined, and disposed of by a single judge in accordance with the provisions of this Act and the rules of court.

        (2)         Subject to the provisions of this Act and the rules of court, the trial of —

            (a)         all actions and causes; and

            (b)         all issues and questions of fact (whether in a cause or a matter) tried with a jury —

                which are not ordered to be tried at bar shall be held before a single judge sitting in court as a Court.

        (3)         Subject to the provisions of section 58 and subsection (2) of this section, and the rules of court, all the jurisdiction of the Court which is subject to this Act may be exercised by a single judge, whether sitting in court or in chambers or, if this or another Act or the rules of court confer any of that jurisdiction on a master, by a single master, whether sitting in court or in chambers.

        (4)         A single judge, whether sitting in court or in chambers, shall have and may exercise, with respect to any cause or matter properly brought before him, all the jurisdiction, powers, and authorities of the Court, as the circumstances may require to be exercised.

        [Section 41 amended: No. 45 of 2004 s. 17 and 27.]