Australian Capital Territory Consolidated Acts

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SUPREME COURT ACT 1933 - SECT 9

Exercise of jurisdiction by master

    (1)     For the purposes of the exercise of jurisdiction given to the master under the rules, this Act has effect, subject to this section, as if the court consisted of the judges and the master.

    (2)     A person who is dissatisfied with an order of the master made in the exercise of jurisdiction given under the rules may appeal, as prescribed under the rules—

        (a)     for an interlocutory order—to the court constituted by a single judge; and

        (b)     in the case of any other order—to the Court of Appeal.

    (3)     On an appeal under subsection (2) (a), the court—

        (a)     must have regard to the evidence given in the proceeding out of which the appeal arose; and

        (b)     may draw inferences of fact from the evidence; and

        (c)     may receive further evidence in any of the following ways:

              (i)     by oral examination before the court or a judge;

              (ii)     on affidavit;

              (iii)     by audiovisual link or audio link;

              (iv)     any other way the court may receive evidence.

    (4)     On an appeal under subsection (2) (a), the court may confirm, amend or set aside the order of the master and may make any order that in all the circumstances it considers just.

    (5)     In this section:

"audio link"—see the Evidence (Miscellaneous Provisions) Act 1991 , section 16 (Definitions—pt 3).

"audiovisual link"—see the Evidence (Miscellaneous Provisions) Act 1991 , dictionary.



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