42Delegation to Commissioners

#### 42 Delegation to Commissioners 42 Delegation to Commissioners > > (1) Where proceedings are pending in Class 8 of the Court’s jurisdiction, the Chief Judge may, of the Chief Judge’s own motion or on the request of a party, direct that the proceedings be heard and disposed of by one or more Commissioners. > > > (2) Subject to this Act and the rules, the Commissioner or Commissioners hearing and disposing of the proceedings pursuant to this section shall have and may exercise the functions of the Court (other than its functions under this section). > > > (3) The decision of the Commissioner or Commissioners shall be deemed to be the decision of the Court. > > > (4) Where proceedings are directed to be heard and disposed of by 2 or more Commissioners— > > > > > (a) if the Senior Commissioner is one of the Commissioners hearing and disposing of the proceedings—the Senior Commissioner shall preside at the hearing of the proceedings, and > > > > > (b) if the Senior Commissioner is not one of those Commissioners—one of those Commissioners directed to do so by the Chief Judge shall preside at the hearing, and > > > > > (c) if the Commissioners are divided in opinion as to the decision to be made on any question— > > > > > > > (i) if there is a majority of the one opinion—the question shall be decided according to the opinion of the majority, or > > > > > > > (ii) in any other case—the question shall be decided according to the opinion of the Commissioner presiding. > > > (5) Proceedings that are before a Commissioner under this section may be referred or removed for hearing and determination by a Judge in the same way as proceedings before an associate Judge may be referred or removed for hearing and determination by a Judge in the Supreme Court. > > > (6) The power of a Commissioner to refer proceedings pursuant to subsection (5) is subject to any contrary order of the Chief Judge. > > **s 42:** Subst 1979 No 205, Sch 2, Part 2. Am 1994 No 32, Sch 3. Rep 2001 No 121, Sch 2.132 \[3\]. Ins 2008 No 107, Sch 14 \[10\]. > > **s 42A:** Ins 1979 No 205, Sch 2, Part 2. Rep 2001 No 121, Sch 2.132 \[3\].