s 1Short title
This Act may be cited as the Judiciary Act 1903.
This Act may be cited as the Judiciary Act 1903.
In this Act, unless the contrary intention appears:
AGS has the meaning given by section 55J.
Appeal includes an application for a new trial and any proceeding to review or call in question the proceedings decision or jurisdiction of any Court or Judge.
Cause includes any suit, and also includes criminal proceedings.
Chief Justice includes a Justice for the time being performing the duties and exercising the powers of the Chief Justice.
Defendant includes any person against whom any relief is sought in a matter or who is required to attend the proceedings in a matter as a party thereto.
examination and commitment for trial on indictment includes commitment for trial on indictment.
Judgment includes any judgment decree order or sentence.
Justice means a Justice of the High Court and includes the Chief Justice.
legal practitioner means a person entitled, under an Act or a law of a State or Territory, to practise as one of the following:
a legal practitioner;
a barrister;
a solicitor;
a barrister and solicitor.
Matter includes any proceeding in a Court, whether between parties or not, and also any incidental proceeding in a cause or matter.
Plaintiff includes any person seeking any relief against any other person by any form of proceeding in a Court.
related summary offence has the meaning given by subsection 67G(3).
Suit includes any action or original proceeding between parties.
This Act extends to all the Territories.
The jurisdiction of the High Court may, subject to the provisions of this Act, be exercised by any one or more Justices sitting in open Court.
The jurisdiction of the High Court may be exercised by a Justice sitting other than in open court in the cases following:
Applications relating to the conduct of a cause or matter;
Applications relating to the custody management or preservation of property, or to the sale of property and the disposition of the purchase money;
Applications for orders or directions as to any matter which by this Act or by Rules of Court is made subject to the direction of a Justice sitting other than in open court;
Any other applications which by this or any Act or by Rules of Court are authorized to be made to a Justice sitting other than in open court.
But on the application of either party the Justice may order the application to be adjourned into Court and heard in open Court.
In any matter pending in the High Court, not being a matter in which the High Court has exclusive jurisdiction, the Supreme Court of a State shall be invested with federal jurisdiction to hear and determine any applications which may be made to a Justice of the High Court sitting other than in open court.
Such jurisdiction may be exercised by a single Judge of the Supreme Court sitting in Chambers or otherwise, and the order of the Judge shall have the effect of an order of a Justice of the High Court sitting other than in open court.
Any Justice of the High Court sitting alone, whether in Court or otherwise, may state any case or reserve any question for the consideration of a Full Court, or may direct any case or question to be argued before a Full Court, and a Full Court shall thereupon have power to hear and determine the case or question.
Except as hereinafter provided, a Full Court may be constituted by any two or more Justices of the High Court sitting together.
The jurisdiction of the High Court to hear and determine appeals from judgments:
of a Justice of the High Court exercising the original jurisdiction of the High Court; or
of the Supreme Court of a State exercising federal jurisdiction when such jurisdiction is exercised by a single Judge; or
of any other court exercising federal jurisdiction; or
of the Inter‑State Commission;
and to hear and determine applications for a new trial of any cause or matter, after a trial before any such Justice or any such Court exercising federal jurisdiction, shall be exercised by a Full Court.
Applications for special leave to appeal to the High Court from a judgment of another court may be heard and determined by a single Justice 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.
Quorum of Justices on appeals from State Supreme Courts
The jurisdiction of the High Court to hear and determine appeals from judgments of the Supreme Court of a State sitting as a Full Court, shall be exercised by a Full Court consisting of not less than three Justices.
The reference in subsection (2) to the Supreme Court of a State sitting as a Full Court shall be read as a reference to the Supreme Court of a State when constituted by 2 or more Judges, and includes the Supreme Court of a State when so constituted for the purpose of sitting as the Court of Appeal of the State.
Applications to the High Court for a certificate that a question as to the limits inter se of the Constitutional powers of the Commonwealth and those of any State or States, or as to the limits inter se of the Constitutional powers of any two or more States, which has been decided by the High Court, is one which ought to be determined by the Queen in Council, shall be heard and determined by a Full Court consisting of not less than three Justices.
A Full Court consisting of less than all the Justices shall not give a decision on a question affecting the constitutional powers of the Commonwealth, unless at least three Justices concur in the decision.
Subject to the last preceding subsection, when the Justices sitting as a Full Court are divided in opinion as to the decision to be given on any question, the question shall be decided according to the decision of the majority, if there is a majority; but if the Court is equally divided in opinion:
in the case where a decision of a Justice of the High Court (whether acting as a Justice of the High Court or in some other capacity), a decision of a Supreme Court of a State or Territory or a Judge of such a Court, a decision of the Federal Court of Australia or a Judge of that Court or a decision of the Federal Circuit and Family Court of Australia (Division 1) or a Judge of that Court is called in question by appeal or otherwise, the decision appealed from shall be affirmed; and
in any other case, the opinion of the Chief Justice, or if he or she is absent the opinion of the Senior Justice present, shall prevail.
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