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Wednesday, 10 November 1976
Page: 2552


The CHAIRMAN - Is leave granted? There being no objection, leave is granted.


Mr ELLICOTT -I have circulated amendments which refer to clauses 9, 10, 15, 24, 25, 28 and 33, which read in part:

Clause 9.

(   1 ) The Chief Judge shall, and, subject to sub-section (3), each other Judge shall, receive salary, annual allowances and travelling allowances at such respective rates as are fixed from time to time by the Parliament.

(2)   The salary and annual allowance to which a Judge is entitled under this section accrue from day to day and are payable monthly.

(3)   Subject to sub-section (4), a Judge of the Court who holds office by virtue of an appointment that took effect while he was a Judge of any other court or courts created by the Parliament shall, while he continues to hold office as a Judge of that other court or of any of those other courts, be remunerated with the salary and annual allowance to which he is from time to time entitled as a Judge of the other court or courts of which he so continues to be a Judge, and, if he continues to be a Judge of the Court after ceasing to hold the other judicial appointment, or all the other judicial appointments, referred to in this sub-section, he shall receive such salary and annual allowance as are applicable to the office held by him as a Judge of the Court.

Clause 10.

The Consolidated Revenue Fund is appropriated to the extent necessary for payment of salaries and allowances in accordance with this section.

Clause 15.

(2)   Where a Judge of the Federal Court of Australia also holds office as an additional Judge of the Supreme Court of the Australian Capital Territory or of the Supreme Court of the Northern Territory of Australia, arrangements shall be made between the Chief Judge of the Federal Court of Australia and the Chief Judge or other appropriate Judge of that Supreme Court as to the extent to which the Judge is to take part in the exercise of the jurisdiction of that Supreme Court.

(3)   Where a Judge, other than an additional Judge, of the Supreme Court of the Australian Capital Territory or of the Supreme Court of the Northern Territory of Australia also holds office as a Judge of the Federal Court of Australia, he is not required to take part in the exercise of the jurisdiction of the Federal Court of Australia except in accordance with arrangements made between the Chief Judge of the Federal Court of Australia and the Chief Judge or other appropriate Judge of that Supreme Court

Clause 24.

(2)   An appeal shall not be brought to the High Court, after the commencing day, from a judgment of the Supreme Court of a Territory except in accordance with leave or special leave given by the High Court or the Supreme Court before the commencing day.

Clause 25.

(   I ) The appellate jurisdiction of the Court shall, subject to this section and to the provisions of any other Act, be exercised by a Full Court

Clause 28.

(   1 ) Subject to any other Act, the Court may, in the exercise of its appellate jurisdiction-

(a)   affirm, reverse or modify the judgment appealed from;

Clause 33.

(1)   Except as otherwise provided by another Act, an appeal lies to the High Court by special leave of the High Court and not otherwise, from a judgment of a Full Court of the Court

(2)   The jurisdiction of the High Court under this section shall be exercised by a Full Court of the High Court consisting of not less than 3 Justices.

I move:

1.   In clause 9, sub-clause (1), omit "The Chief Judge shall, and subject to sub-section (3), each other Judge shall ", substitute "The Chief Judge and each other Judge shall ".

2.   In clause 9, omit sub-clause (3 ).

3.   In clause 10, omit "this section", substitute "section 9".

4.   In clause IS, sub-clause (2), omit all the words after "Chief Judge" and substitute "of that Supreme Court as to the extent to which the Judge is to take pan in the exercise of the jurisdiction of that Supreme Court but the Chief Judge of the Federal Coun of Australia shall consult with the Judge concerned before making any such arrangements".

5.   In clause IS, sub-clause (3), omit all the words after "Chief Judge" and substitute "of that Supreme Coun but the Chief Judge of that Supreme Court shall consult with the Judge concerned before making any such arrangements".

6.   In clause 24, omit sub-clause (2) and substitute the following sub-clause:- "(2) On or after the commencing day an appeal shall not be brought to the High Coun from a judgment of the Supreme Court of a Territory except-

(a)   in accordance with special leave given by the High Court on or after the commencing day; or

(   b ) in accordance with leave or special leave given by the High Court or the Supreme Court before the commencing day.".

7.   In clause 25, after sub-clause ( 1 ) insert the following sub-clause:- "( 1a) Applications for leave or special leave to appeal to the Coun from a judgment of another court may be heard and determined by a single Judge or by a Full Court and the Rules of Court may provide for enabling such applications to be dealt with, subject to conditions prescribed by the Rules, without an oral hearing.".

8.   In clause 28, sub-clause (1), omit "modify", substitute "vary".

9.   Omit clause 33 and substitute the following clause:- "33. (1) The jurisdiction of the High Court to hear and determine appeals from judgments of the Court whether in civil or criminal matters, is subject to the exceptions and regulations prescribed by this section. "(2) Except as otherwise provided by another Act, an appeal shall not be brought to the High Coun from a judgment of the Court constituted by a single Judge. "(3) Except as provided by the succeeding provisions of this section, an appeal shall not be brought from a judgment of a Full Court of the Coun unless the High Coun gives special leave to appeal. "(4) Subject to sub-section (5), an appeal may be brought as of right from a final judgment of a Full Court of the Court given or pronounced-

(a)   for the sum of $20,000 or upwards; or

(b)   in any proceedings in which the matter in issue amounts to or is of the value of $20,000 or upwards or which involve directly or indirectly a claim, demand or question to or respecting any property or any civil right amounting to or of the value of $20,000 or upwards. "(5) An appeal shall not be brought from a judgment referred to in sub-section (4) on a ground that relates to the quantum of any damages in respect of death or personal injury unless the High Court has given special leave to appeal on that ground. "(6) The jurisdiction of the High Court to hear and determine an appeal in accordance with this section shall be exercised by a Full Court of the High Court consisting of not less than 3 Justices.".

Amendments agreed to.

Remainder of Bill, as amended, agreed to.

Bill reported with amendments; report- by leave- adopted.







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