Div 6ACase stated for Court of Appeal

Division 6A—Case stated for Court of Appeal

S. 430VA inserted by No. 48/2012 s. 35, amended by No. 1/2022 s. 58 (ILA s. 39B(1)).

430VA Reservation of question of law

(1) If on the hearing of an appeal to the County Court or the Trial Division of the Supreme Court from the Children's Court a question of law arises, the County Court or the Trial Division of the Supreme Court (as the case may be) may reserve the question for determination by the Court of Appeal if the County Court or the Trial Division of the Supreme Court is satisfied that it is in the interests of justice to do so, having regard to—

(a) the extent of any disruption or delay to the hearing that may arise if the question of law is reserved; and

(b) whether the determination of the question of law may—

(i) render the hearing unnecessary; or

(ii) substantially reduce the time required for the hearing; or

(iii) resolve a novel question of law that is necessary for the proper conduct of the hearing.

S. 430VA(2) inserted by No. 1/2022 s. 58.

(2) Subsection (1) does not apply if the Children's Court was constituted by the Chief Magistrate who is a dual commission holder.

S. 430VB inserted by No. 48/2012 s. 35.

430VB Adjournment if question of law reserved

If a court reserves a question of law under section 430VA, the court must adjourn the hearing, if reasonably practicable, until the question of law has been determined.

S. 430VC inserted by No. 48/2012 s. 35.

430VC Refusal to reserve question of law

(1) If the County Court or the Trial Division of the Supreme Court refuses an application under section 430VA to reserve a question of law, the applicant may apply to the Court of Appeal for an order calling on—

(a) the court that dismissed the application; and

(b) the respondent—

to show cause why the question of law should not be reserved for determination by the Court of Appeal.

(2) On an application under subsection (1), the Court of Appeal may order that the question of law be reserved for its determination or refuse the application with or without costs.

(3) If the Court of Appeal orders that the question of law be reserved, the court to which the order is directed must reserve the question for determination by the Court of Appeal.

S. 430VD inserted by No. 48/2012 s. 35.

430VD Case to be stated if question of law reserved

(1) If a court reserves a question of law under section 430VA or 430VC, it must state a case, setting out the question and the circumstances in which the question has arisen.