New South Wales Consolidated Acts

SUPREME COURT ACT 1970 - SECT 37A

37A Certain Chief Judges of other courts may act as additional Judges of Appeal

(1) This section applies to each of the following Chief Judges (a "designated Chief Judge"):

(a) the Chief Judge of the Land and Environment Court,

(b) the Chief Judge of the District Court.

(2) A designated Chief Judge may act as an additional Judge of Appeal in relation to proceedings in the Court of Appeal if:

(a) the Chief Justice certifies that it is expedient that the Chief Judge should act as an additional Judge of Appeal in the proceedings, and

(b) the Chief Judge consents to act as an additional Judge of Appeal in the proceedings.

(3) The following provisions apply to and in respect of a designated Chief Judge who acts as an additional Judge of Appeal pursuant to the provisions of this section:

(a) the Chief Judge has, while acting as an additional Judge of Appeal, all the powers, authorities, privileges and immunities of a Judge of Appeal (including the powers, authorities, privileges and immunities of a Judge of the Supreme Court),

(b) the Chief Judge may attend the sittings of the Court of Appeal for the purpose of giving judgment in, or otherwise completing, any proceedings which have been heard by the Court while the Chief Judge was acting as an additional Judge of Appeal even if the Chief Judge is no longer acting as an additional Judge of Appeal,

(c) the Chief Judge is not, while receiving remuneration as a Chief Judge, entitled to remuneration for acting as an additional Judge of Appeal,

(d) any service of the Chief Judge while acting as an additional Judge of Appeal is, for the purposes of the Act under which the Chief Judge was appointed and the Judges’ Pensions Act 1953 , taken to be service as the Chief Judge of the court concerned,

(e) nothing in this Act or any other law requires the Chief Judge to devote the whole of his or her time to the duties of acting as an additional Judge of Appeal.