Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If the judges of
appeal constituting the Court of Appeal are divided on the decision to be
given on a question, the question shall be decided according to the decision
of the majority, if there is a majority.
(2) If the Court of
Appeal is constituted by more than 3 judges of appeal and they are
equally divided on the decision to be given on a question, the question shall
be decided according to the decision of the presiding judge of appeal.
(3) If the Court of
Appeal is constituted by 2 judges of appeal and they are divided on the
decision to be given on a question —
(a) any
party to the appeal may, within one month after the date the judgments are
delivered, serve the Court of Appeal Registrar and each other party with a
written notice requiring the appeal to be reheard by the Court of Appeal
constituted by 3 or more judges of appeal;
(b) if
the appeal is against a judgment or order of a court other than the Supreme
Court, either or both of the 2 judges of appeal may, of their own motion,
order the appeal to be reheard by the Court of Appeal constituted by 3 or more
judges of appeal.
(4) If a party gives
notice under subsection (3)(a) or an order is made under
subsection (3)(b) the appeal shall be reheard by the Court of Appeal
constituted by 3 or more judges of appeal.
(5) If no party gives
notice under subsection (3)(a) or if no order is made under
subsection (3)(b), the appeal shall not be reheard and the judgment or
order against which the appeal was taken shall remain unaltered.
[Section 62 inserted by No. 45 of 2004
s. 24.]