SUPREME COURT OF QUEENSLAND ACT 1991 - SECT 31
Constitution of court if 1 judge of appeal unable to continue
SUPREME COURT OF QUEENSLAND ACT 1991 - SECT 31
Constitution of court if 1 judge of appeal unable to continue
31 Constitution of court if 1 judge of appeal unable to continue
(1) If—
(a) after the Court of Appeal (including the court constituted under
this section) has started the hearing, or further hearing, of a proceeding;
and
(b) 1 of the judges constituting the court dies, resigns as a judge, or
is certified as incapable of sitting before the proceeding has been
determined;
the hearing and determination of the proceeding may be finished by
the remaining judges if at least 2 judges remain.
(2) A judge is certified as
incapable of sitting if the Chief Justice or the President of the Court of
Appeal has issued a certificate stating that the judge is incapable of sitting
whether temporarily or otherwise.
(3) The Court of Appeal constituted under
this section may have regard to any evidence given or received, and arguments
adduced, by or before the Court of Appeal as previously constituted.
(4) Any
question in the proceeding is to be decided in the same way, and the judgment
of the Court of Appeal constituted under this section has the same force and
effect, as if the court were not constituted under this section.