53Assignment of business

53 Assignment of business

53 Assignment of business

(1) Subject to the rules, there are assigned to the Common Law Division all proceedings—

(a) that, immediately before the commencement of this section, were assigned to the Division by or under any Act, or

(b) that are required by or under any Act from time to time in force to be commenced, heard or determined in that Division, or

(c) that are assigned to the Division by operation of Part 8 of the Fourth Schedule, or

(d) that are not assigned to the Equity Division by or under this Act.

(2) Subject to the rules, there are assigned to the Equity Division all proceedings—

(a) that, immediately before the commencement of this section, were assigned to the Division by or under any Act, or

(b) that are required by or under any Act from time to time in force to be commenced, heard or determined in that Division, or

(c) that are assigned to the Division by operation of Part 8 of the Fourth Schedule.

(3) Subject to the rules, there are assigned to each Division proceedings for the punishment of contempt of the Court, but only if the contempt consists of—

(a) contempt in the face of, or in the hearing of, the Court in that Division, or

(b) disobedience of a judgment or order of the Court in that Division, or

(c) breach of an undertaking given to the Court in that Division,

including proceedings in which the Court is constituted by an associate Judge.

(4) Without limiting subsection (1) (d), the proceedings assigned to the Common Law Division include proceedings for contempt of the Court or of any other court (other than proceedings referred to in subsection (3) or section 48 (2) (i)).

s 53: Am 1973 No 19, secs 4 (f), 7 (1) (c); 1979 No 88, Sch 1 (6); 1985 No 28, Sch 1 (4); 1996 No 111, Sch 1.8 [6] [7]. Subst 1998 No 172, Sch 10 [4]. Am 2005 No 31, Sch 13 [7].