Victorian Consolidated Legislation

Supreme Court Act 1986 - SECT 11

Way in which Court of Appeal may be constituted

11. Way in which Court of Appeal may be constituted





(1) Subject to this Act and the Rules, any 3 or more Judges of Appeal
constitute, and may exercise all the jurisdiction and powers of, the Court of
Appeal.

(1A) If the President of the Court of Appeal so determines in a particular
case, 2 Judges of Appeal constitute, and may exercise all the jurisdiction and
powers of, the Court of Appeal.

(1B) The Rules may provide that in particular classes of applications or
appeals to or proceedings in the Court of Appeal, 2 Judges of Appeal may
constitute, and may exercise all the jurisdiction and powers of, the Court of
Appeal.

(2) More than one sittings of the Court of Appeal may be held at the same
time.

(3) When more than one sittings of the Court of Appeal are held at the same
time, the jurisdiction and powers of the Court of Appeal may be exercised at
each sittings.

(4) The Rules may provide that the jurisdiction and powers of the Court of
Appeal may, in particular kinds of applications or proceedings, be exercised
by a single Judge of Appeal or an Associate Judge.

(5) The Court of Appeal may discharge or vary a judgment, order or direction
given or made by a single Judge of Appeal or an Associate Judge.





(6) Subject to subsection (5), a judgment, order or direction given or made by
a single Judge of Appeal has effect as a judgment, order or direction of
the Court of Appeal.

(7) Subject to subsection (5), a judgment, order or direction given or made by
an Associate Judge when exercising the jurisdiction and powers of the Court of
Appeal has effect as a judgment, order or direction of the Court of Appeal.