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CORONERS ACT 2008 - SECT 87 Appeal to Supreme Court

CORONERS ACT 2008 - SECT 87

Appeal to Supreme Court

S. 87(1) amended by No. 62/2014 s. 70(2).

    (1)     Subject to section 87A, an appeal to the Supreme Court under this Part is an appeal on a question of law.

S. 87(1A) inserted by No. 48/2018 s. 12.

    (1A)     An appeal on a question of law includes an appeal on the grounds that the finding which is appealed is against the evidence and the weight of the evidence to such an extent that no reasonable coroner could have made the finding.

    (2)     Subject to this Part, an appeal under this Part must be brought in accordance with the rules of the Supreme Court.

    (3)     The Supreme Court may make an order staying the operation of a determination that is the subject of an appeal under this Part.

    (4)     Subject to section 88, after hearing and determining the appeal, the Supreme Court may make any order that it thinks appropriate, including an order remitting the matter for re‑hearing to the Coroners Court with or without any direction in law.

    (5)     An order made by the Supreme Court on an appeal under this Part, other than an order remitting the matter for re-hearing to the Coroners Court, may be enforced as an order of the Supreme Court.

S. 87A inserted by No. 62/2014 s. 71.