Western Australian Current Acts

SUPREME COURT ACT 1935 - SECT 58

58 .         Court of Appeal, jurisdiction of

        (1)         Subject as otherwise provided in this Act and to the rules of court, the Court of Appeal shall have and shall be deemed since the coming into operation of this Act always to have had jurisdiction to hear and determine —

            (a)         applications for a new trial or rehearing of any cause or matter, or to set aside or vary any verdict, finding or judgment found given or made in any cause or matter tried or heard by a judge or before a judge and jury;

            (b)         subject to subsection (1a) appeals from a judge and from a master whether sitting in court or in chambers;

            (c)         rules nisi and orders to show cause returnable before the Court of Appeal;

            (d)         cases, points, and questions referred to or reserved by a judge for the consideration or judgment of the Court of Appeal, or directed by a judge to be argued before the Court of Appeal;

            (e)         trials at bar;

            (f)         applications and appeals under Part 3 or 3A of the Criminal Appeals Act 2004 to the Court of Appeal;

            (g)         appeals under Part 2 of the Criminal Appeals Act 2004 that are ordered to be dealt with by the Court of Appeal;

            (h)         applications and appeals under Part 2 of the Criminal Appeals Act 2004 from a judge to the Court of Appeal;

                  (i)         appeals to the Court of Appeal under the Magistrates Court (Civil Proceedings) Act 2004 ;

        [(j)         deleted]

            (k)         cases of habeas corpus, in which a judge directs that the order nisi for the writ or the writ be made returnable before the Court of Appeal;

            (l)         special cases where all parties agree that the same be heard before the Court of Appeal;

            (m)         all causes and matters and proceedings which —

            (a)         by any Act of this State, or the rules of court; or

            (b)         by or under any Imperial Act, or Act of the Commonwealth of Australia,

                are required to be heard and determined by the Court of Appeal.

        (1a)         An appeal does not lie to the Court of Appeal under subsection (1)(b) against a bail decision as defined in the Bail Act 1982 section 15A(1).

        (2)         Any appeal, application, cause, matter or proceedings referred to in subsection (1) shall lie or may be made to, or may be brought before, the Court of Appeal which, subject as aforesaid, shall hear and determine the same, and questions incidental thereto.

        [Section 58 amended: No. 63 of 1957 s. 3; No. 3 of 1982 s. 4; No. 47 of 1983 s. 13; No. 69 of 1996 s. 90; No. 45 of 2004 s. 20 and 27; No. 59 of 2004 s. 128; No. 84 of 2004 s. 72; No. 6 of 2008 s. 46; No. 18 of 2022 s. 14.]