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SUPREME COURT ACT 1935 - SECT 47

SUPREME COURT ACT 1935 - SECT 47

47—Distribution of business

        (1)         If—

            (a)         the Chief Justice and the President agree that—

                  (i)         the Court of Appeal needs an acting judge and that a judge, or acting judge, in the General Division could be available to act as a judge in the Court of Appeal for a suitable period; or

                  (ii)         the General Division needs an acting judge and that the President or another judge, or acting judge, in the Court of Appeal could be available to act as a judge in the General Division for a suitable period; and

            (b)         the particular judge or acting judge agrees to undertake such acting duties,

the Chief Justice may, by instrument in writing, authorise the judge to undertake such acting duties for a period specified in the instrument of appointment.

        (2)         Subject to subsections (3) and (4), a judge may not be appointed to act in another division of the court in accordance with this section for a period exceeding 12 months.

        (3)         A judge who has been appointed to act in another division of the court under this section for a period of 12 months may, if the Attorney-General consents, be reappointed for a further period not exceeding 12 months.

        (4)         A judge appointed to act in another division of the court under this section may, despite the expiration of the period of the acting appointment, complete the hearing of any proceedings part-heard by the judge before the expiration of that period and, in relation to any such proceedings, will be deemed to continue as an acting judge in that division of the court.