Division 1 Matters before Supreme Court constituted by associate Judge

49.1   Construction of certain references

In this Division:

(a)  a reference to the Supreme Court is a reference to the Supreme Court constituted by a Judge of the Supreme Court, and

(b)  a reference to an associate Judge of the Supreme Court is a reference to the Supreme Court constituted by that associate Judge.

Note. See section 36 of the Land and Environment Court Act 1979, which provides that proceedings that are before a Commissioner of the Land and Environment Court under that section, or under section 34 of that Act, may be referred or removed for hearing by a Judge of the Land and Environment Court in the same way as proceedings before an associate Judge of the Supreme Court may be referred or removed for hearing by a Judge of the Supreme Court.

49.2   Reference and removal of proceedings

(cf SCR Part 60, rules 6 and 7)

(1)  An associate Judge of the Supreme Court may refer any proceedings before the associate Judge to the Supreme Court.

(2)  Before the conclusion of any proceedings before an associate Judge of the Supreme Court, the Supreme Court may order that the proceedings be removed into the Supreme Court.

49.3   Disposal of proceedings referred or removed

(cf SCR Part 60, rule 8)

On the reference or removal to the Supreme Court of any proceedings before an associate Judge of the Supreme Court, the Supreme Court:

(a)  may hear and determine any matter in the proceedings in respect of which the proceedings were before the associate Judge, or

(b)  may determine any question arising in the proceedings and remit the proceedings to the associate Judge with such directions as it thinks fit.

49.4   Right of appeal

(cf SCR Part 60, rule 10)

An appeal lies to the Supreme Court from any decision of an associate Judge of the Supreme Court, except in any case where an appeal lies to the Court of Appeal.