Jakaj v Kinnane

[2020] ACTCA 19

ACT Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Court of Appeal
3. › Jurisdiction of single judge
4. › Interlocutory applications
5. › Whether orders sought were matters of 'practice and procedure'
6. › Supreme Court Act 1933 (ACT), s 37J(1)(k)
1. Practice and Procedure
2. › Meaning of 'practice and procedure'
3. › Mode of proceeding to enforce a right distinguished from the law which gives or defines the right
4. › Interlocutory applications seeking declarations and final relief
5. › Supreme Court Act 1933 (ACT), s 37J(1)(k)

Quick Take

The phrase 'practice and procedure' in s 37J(1)(k) of the Supreme Court Act 1933 (ACT) refers to the mode of proceeding to enforce a right, as distinguished from the law which gives or defines the right. Declarations and orders that anticipate the substantive merits of an appeal are not matters of 'practice and procedure' and cannot be made by a single judge under that provision.