Part 3Sittings and distribution of business

Part 3—Sittings and distribution of business 42—Abolition of terms The division of the legal year into terms is abolished as far as relates to the administration of justice, and there shall be no terms applicable to any sitting or business of the court. 43—Reference to terms for computing time In all cases in which the terms, into which the legal year was formerly divided, are used as a measure for determining the time at or within which any act is required to be done, those terms may continue to be referred to for the same or the like purpose, unless provision is otherwise made by law. 44—Sitting in vacation Provision shall be made by rules of court for the hearing during vacation of all such applications as require to be immediately or promptly heard. 45—Time and place of sittings (1) The court may sit at any time (including a Sunday). (2) The court may sit at any place (either within or outside the State). (3) The court in its General Division will sit at such times and places as the Chief Justice may direct. (3a) The Court of Appeal will sit at such times and places as the President may direct. (4) Registries of the court will be maintained at such places as the Governor may determine. 46—Adjournment from time to time and place to place The court may— (a) adjourn proceedings from time to time and from place to place; or (b) adjourn proceedings to a time, or a time and place, to be fixed; or (c) order the transfer of proceedings from place to place. 46A—Sittings in open court or in chambers Subject to any provision of an Act or any rule to the contrary, the court's proceedings must be open to the public. 46B—Sittings required by proclamation The Governor may, by proclamation, require that sittings of the court (other than civil sittings) be held with a specified frequency in specified parts of the State. 47—Distribution of business (1) If the Chief Justice is satisfied that, by reason of— (a) the complexity of a specified proceeding; and (b) the limited availability of judges of the General Division, it is necessary to assign a judge in the Court of Appeal to hear the proceeding, the Chief Justice may, after consultation with the President of the Court of Appeal, by instrument in writing, assign and authorise a judge in the Court of Appeal to hear and determine the proceeding. (1a) The consultation between the Chief Justice and the President of the Court of Appeal referred to in subsection (1) will be conducted in accordance with a protocol approved by the Judges at a council of judges held pursuant to section 16. (1b) Without limiting subsections (1) and (1a), if— (a) the Chief Justice and the President agree that it is convenient for the purposes of the proper administration of the Court— (i) that a judge or acting judge in the General Division act as a judge in the Court of Appeal; or (ii) that a judge or acting judge in the Court of Appeal act as a judge in the General Division; and (b) the particular judge or acting judge agrees to undertake such acting duties, the Chief Justice may, by instrument in writing, authorise the judge to undertake such acting duties for a specified proceeding or for a period specified in the instrument of appointment. (2) Subject to subsections (3) and (4), a judge may not be appointed to act in another division of the court in accordance with subsection (1b) for a period exceeding 12 months. (3) A judge who has been appointed to act in another division of the court under subsection (1b) for a period of 12 months may, if the Attorney‑General consents, be reappointed for a further period not exceeding 12 months. (4) A judge appointed to act in another division of the court under subsection (1b) may, despite the expiration of the period of the acting appointment, complete the hearing of any proceedings part‑heard by the judge before the expiration of that period and, in relation to any such proceedings, will be deemed to continue as an acting judge in that division of the court. 48—Jurisdiction of single judge, Associate Justice, etc (1) Subject to this or any other Act, and to the rules of court, the jurisdiction vested in, or exercisable by the court, may be exercised by 1 or more judges sitting in court. (2) The jurisdiction of the court may be exercised— (a) by a judge in chambers; or (b) by an Associate Justice or judicial registrar, to the extent authorised by this or any other Act, or by the rules of court. 48A—Jurisdiction of judicial registrar (1) Subject to the regulations, judicial registrars may exercise the jurisdiction of the court as assigned by the Chief Justice or the rules. (2) If the court is constituted of a judicial registrar in criminal proceedings, the court— (a) may not impose a sentence of imprisonment; and (b) if of the opinion that the limitation on its powers imposed under this subsection prevents it from imposing an appropriate sentence—may adjourn the question of sentence for hearing and determination by a judge. 49—Questions of law reserved for Court of Appeal (1) The court constituted of a single judge, Associate Justice or judicial registrar may reserve a question of law for the consideration of the Court of Appeal. (2) Subject to any express enactment the like powers may be exercised in relation to any appeal or matter whatsoever, which comes before a judge, under any enactment by which a judge of the court is designated as the judge, arbitrator, or person appointed to hear and determine the appeal or matter, notwithstanding that the determination of the judge is expressed to be final or without appeal. 50—Appeals (1) Subject to this section— (a) an appeal lies to the Court of Appeal against a judgment of the court constituted of a single judge; and (b) an appeal lies against a judgment of the court constituted of an Associate Justice. (2) An appeal against a judgment of an Associate Justice or judicial registrar lies, if the rules so provide, to the Court of Appeal and otherwise to the court constituted of a single judge. (2a) Subject to the rules, subsections (3) and (4)(a)(i) do not apply to an appeal against a judgment of a judicial registrar. (3) No appeal lies against— (a) an order allowing an extension of time to appeal from a judgment; or (b) an order giving unconditional permission to defend an action; or (c) a judgment that is, by statute, under the rules, or by agreement of the parties, final and without appeal. (4) An appeal lies only with the permission of the court— (a) from a judgment of any of the following classes: (i) a judgment given by consent of the parties; (ii) a judgment given by a single judge on appeal from a judgment of the Magistrates Court; or (b) if the rules provide that the appeal lies by permission of the court. (5) The rules cannot, however, require the court's permission for an appeal if the judgment under appeal— (a) denies, or imposes conditions on, a right to defend an action; or (b) deals with the liberty of the subject or the custody of an infant; or (c) grants or refuses relief in the nature of an injunction or the appointment of a receiver; or (d) is a declaration of liability or a final assessment of damages under section 30B; or (e) makes a final determination of a substantive right. Exception— If a judgment is given by a single judge on appeal from some other court or tribunal, the rules may require the court's permission for a further appeal to the Court of Appeal even though the judgment makes a final determination of a substantive right. judgment includes— (a) an order or direction; and (b) a decision not to make an order or direction.