Victorian Consolidated Legislation

Supreme Court Act 1986 - SECT 15

Constitution of Court if one Judge of Appeal unable to continue

15. Constitution of Court if one Judge of Appeal unable to continue



(1) If-

   (a)  after the Court of Appeal (including the Court constituted under this
        section) has started the hearing, or further hearing, of a proceeding;
        and

   (b)  before the proceeding has been determined-

one of the Judges of Appeal constituting the Court of Appeal dies, resigns as
a Judge or otherwise becomes unable to continue as a member of the Court for
the purposes of the proceeding, the hearing and determination of the
proceeding may be finished by the remaining Judges constituting the Court if
at least 2 Judges remain and the parties consent.

(2) The Court of Appeal constituted under this section may have regard to any
evidence given or received, and arguments adduced, by or before the Court of
Appeal as previously constituted.

(3) Any question in the proceeding is to be decided in the same way, and the
judgment of the Court of Appeal constituted under this section has the same
force and effect, as if the Court were not constituted under this section.