South Australian Current Acts

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SUPREME COURT ACT 1935 - SECT 48

48—Jurisdiction of Full Court, single judge, master, etc

        (1)         Subject to any express enactment, and to the rules of court, the jurisdiction vested in, or exercisable by the court, shall be exercisable either by the Full Court or by a single judge sitting in court.

        (2)         However—

            (a)         the Full Court shall hear and determine—

                  (i)         all applications for new trials;

                  (ii)         all appeals from a single judge whether sitting in court or chambers;

                  (iii)         all rules and orders to show cause returnable before the Full Court;

                  (iv)         all questions of law referred to or reserved for the consideration of, or directed to be argued before the Full Court;

                  (v)         all trials at bar;

                  (vi)         all causes and matters which are required by the rules of court, or by the express provision of any other Act, to be heard or determined by the Full Court;

            (b)         the jurisdiction of the court may be exercised by a judge in chambers in all such causes or matters, and in all such proceedings in any cause or matter, as are authorised by statute or by the rules or practice of the court;

            (c)         the jurisdiction of the court may be exercised by a master or judicial registrar to the extent authorised by this Act or any other Act, or by rules of court made under this Act or any other Act.

        (3)         Subject to subsection (4)


and to the rules of court, where any Act provides that 1 or more of the following powers relating to appeals are exercisable by the Full Court, the power may, instead, be exercised by any judge of the Supreme Court in the same manner as the Full Court and subject to the same provisions:

            (a)         the power to give permission to appeal;

            (b)         the power to extend the time within which notice of appeal, or of an application for permission to appeal, may be given;

            (c)         the power to allow the appellant to be present at any proceedings in cases where he or she is not entitled to be present without permission;

            (d)         the power to admit an appellant to bail and to direct that time spent in custody by an appellant pending determination of an appeal be counted as part of a term of imprisonment.

        (4)         If a judge refuses an application by an appellant to exercise any power of a kind referred to in subsection (3)


in his or her favour, the appellant is entitled to have the application determined by the Full Court.



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