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s 37E

Appellate jurisdiction

In force
Part 2ACourt of Appeal

37E Appellate jurisdiction

(1)

When exercising its appellate jurisdiction under this part, the court is to be known as the Court of Appeal.

(2)

The following matters may be brought before, and heard by, the Court of Appeal:

(a)

appeals in relation to orders of the court (except orders of the registrar, the Full Court exercising appellate jurisdiction or the Court of Appeal itself);

(b)

appeals under section 37S (Reference appeal in relation to proceeding);

(c)

cases stated or questions reserved by the court about any matter in relation to which an appeal may be brought to the Court of Appeal;

(d)

applications under part 8AA (Acquittals);

(e)

applications and appeals under part 8AB (Appeals against conviction for fresh and compelling evidence).

(3)

However, an appeal may not be brought against an order made by the court sitting as the Court of Disputed Elections under the Electoral Act 1992, section 252.

(4)

Also, an appeal may be brought against an interlocutory order of the court constituted by a single judge only with leave of the Court of Appeal.

(5)

In this section:

registrar includes a deputy registrar.

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