WKS v WA [No 3]

[2020] WASCA 141

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Practice and procedure
4. › Application for review of single judge's decision
5. › Whether second application to review same decision is competent
6. › Supreme Court Act 1935 (WA), s 61(3)
1. Practice and Procedure
2. › Appeals
3. › Statutory right of review
4. › Construction of review provisions
5. › Whether provision authorises multiple review applications from same decision
6. › Analogy with statutory rights of appeal

Quick Take

Section 61(3) of the Supreme Court Act 1935 (WA) authorises only a single review application in respect of a single judge's decision or order. The right to apply for review is spent once the first application has been made and determined by the Court of Appeal.