SUPREME COURT OF QUEENSLAND ACT 1991 - SECT 39
Additional judges of appeal
SUPREME COURT OF QUEENSLAND ACT 1991 - SECT 39
Additional judges of appeal
39 Additional judges of appeal
(1) If a judge of appeal is on leave, or otherwise absent, or is, for any
reason, unable to perform the functions of the office, the Governor in
Council, after consultation between the Minister and the Chief Justice, may,
by commission, appoint a judge to act as an additional judge of appeal for
such period (not longer than 6 months) as is specified in the commission.
(2)
A judge who is willing to act as an additional judge of appeal for a
particular period, or for the purposes of a particular proceeding, may so act
if the Chief Justice directs it.
(3) While a judge is acting as a judge of
appeal—
(a) the judge has all the powers and functions of a judge of appeal;
and
(b) this Act and other Acts apply to the judge as if the judge were a
judge of appeal.
(4) The fact that a judge sits and otherwise acts as an
additional judge of appeal is sufficient evidence of the judge’s authority
to do so.
(5) Anything done by or in relation to a judge while the judge is
purporting to act as judge of appeal is not invalid merely because the
occasion for the judge to act had not arisen or had ceased.
(6) A judge who
has acted as an additional judge of appeal may attend sittings of the Court of
Appeal for the purpose of giving judgment in, or otherwise completing, a
proceeding that was heard by the Court of Appeal while the judge was acting,
despite the fact that the judge is no longer a judge of appeal.
