Australian Capital Territory Numbered Regulations

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SUPREME COURT AMENDMENT RULES 2005 (NO 1) (NO 26 OF 2005) - REG 4

Order 86 new rules 90A and 90B

insert

90A     When court may be constituted by single judge— Supreme Court Act 1933, s 37J (1) (h)

The Court of Appeal may be constituted by a single judge in relation to hearing and deciding the dismissal of an appeal for any of the following reasons:

        (a)     the appeal is incompetent;

        (b)     the notice of appeal does not contain any coherent or arguable ground of appeal;

        (c)     the appellant has failed to comply with any relevant rules of court or practice direction;

        (d)     the appellant has failed to comply with a direction of the Court of Appeal;

        (e)     the appellant has failed to provide security for costs in accordance with an order of the Court of Appeal.

90B     Jurisdiction that may be exercised by single judge— Supreme Court Act 1933, s 37J (3)

The jurisdiction and powers of the Court of Appeal may be exercised by a single judge in the following proceedings:

        (a)     a motion moved by the director of public prosecutions under rule 55 (2);

        (b)     an application by the applicant under rule 55 (3) (b).



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