Commonwealth Consolidated Acts

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NORFOLK ISLAND ACT 1979 - SECT 60Q

Supreme Court may sit in a host jurisdiction

  (1)   The Supreme Court, in the exercise of its jurisdiction in civil matters, may sit in a host jurisdiction under this section if to do so would not be contrary to the interests of justice.

  (2)   If a civil matter is before the Supreme Court for hearing at a sitting of the court, the court may order that the hearing of the matter be adjourned and continued at a sitting of the court in a host jurisdiction, and at a time and place, specified in the order.

  (3)   If a civil matter is not before the Supreme Court for hearing, a Judge may order that the matter be heard or continued at a sitting of the court in a host jurisdiction, and at a time and place, specified in the order.

  (4)   When exercising its jurisdiction in a civil matter in a host jurisdiction, the Supreme Court has, and may exercise, all the powers that it would have if it were exercising its jurisdiction in that matter in the Territory.

  (5)   A power exercised by the Supreme Court under subsection   ( 4) is taken to have been exercised by the Court at a sittings of the Court in the Territory.

  (7)   Where:

  (a)   the Supreme Court, when exercising its jurisdiction in a civil matter in a host jurisdiction, makes an order, issues a warrant or summons or gives a judgment; and

  (b)   a person fails to comply with that order, warrant, summons or judgment; and

  (c)   that failure would have constituted an offence against a law of the Territory if it had occurred there;

the person commits an offence against this Act punishable by a penalty that is the same as the penalty for the offence referred to in paragraph   ( c).

  (8)   An order made under subsection   ( 2) or (3) to hear or continue a matter in a host jurisdiction, may:

  (a)   if the matter is before the Supreme Court for hearing at a sitting of the court--be revoked by the court and replaced with an order that the hearing of the matter be adjourned and continued at a sitting of the court in the Territory, and at a time and place, specified in the order; and

  (b)   if the matter is not before the Supreme Court for hearing--be revoked by a judge of the Court and replaced with an order that the matter be heard or continued at a sitting of the court in the Territory, and at a time and place, specified in the order.

  (9)   An order (made under subsection   ( 8) or otherwise) to hear or continue a civil matter at a sitting of the Supreme Court in the Territory may be revoked and be replaced with an order under subsection   ( 2) or (3).

 



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