Reservation of question of law
381 Reservation of question of law
On the hearing of an appeal to the County Court or the Trial Division of the Supreme Court from the Children's Court, if a question of law arises, the County Court or the Trial Division of the Supreme Court (as the case may be) may reserve the question for determination by the Court of Appeal if satisfied that it is in the interests of justice to do so, having regard to—
the extent of any disruption or delay to the hearing that may arise if the question of law is reserved; and
whether the determination of the question of law may—
render the hearing unnecessary; or
substantially reduce the time required for the hearing; or
resolve a novel question of law that is necessary for the proper conduct of the hearing.
Subsection (1) does not apply if the Children's Court was constituted by the Chief Magistrate who is a dual commission holder.
This Act’s bill:Explanatory memorandumSecond reading speech
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