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COMMONWEALTHAct
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s 8AB

Power of Judge to order that jurisdiction in a matter be exercised by not less than 3 Judges

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Part IIConstitution and Jurisdiction of the Supreme Court

8AB Power of Judge to order that jurisdiction in a matter be exercised by not less than 3 Judges

(1)

This section applies in relation to matters in which, but for this section, the jurisdiction of the Court would be exercisable by one Judge.

(2)

At any time before the commencement of the hearing of a matter in relation to which this section applies, a Judge may order that the jurisdiction of the Supreme Court in that matter shall be exercised by not less than three Judges.

(3)

At any time after the commencement of the hearing of a matter in relation to which this section applies, the Judge hearing the matter may order that the jurisdiction of the Supreme Court in that matter shall be exercised by not less than three Judges.

(4)

Where an order has been made under either of the last two preceding subsections in relation to a matter:

(a)

the jurisdiction of the Court in that matter shall, subject to the Rules of Court, be exercised by not less than three Judges sitting together in Court; and

(c)

the Court may give such directions as it thinks proper as to the procedure to be followed in the further conduct of the proceedings, including, in a case where evidence was received before the making of the order, directions as to the use (if any) to be made of that evidence.

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