VICIn ForceAct
Supreme Court Act 1986
17Business to be disposed of by Trial Division constituted by a Judge of the Court or by an Associate Judge
Start here
Get a plain-English read of 17
Turn the raw legal text into a practical explanation grounded in Supreme Court Act 1986.
17 Business to be disposed of by Trial Division constituted by a Judge of the Court or by an Associate Judge
S. 17(1) amended by No. 24/2008 s. 18(2).
(1) The Trial Division constituted by a Judge of the Court may hear and determine all matters, whether civil or criminal, not required by or under this or any other Act or the Rules to be heard and determined by the Court of Appeal.
S. 17(1A) inserted by No. 24/2008 s. 18(3).
(1A) The Trial Division constituted by an Associate Judge may hear and determine all matters, whether civil or criminal, not required by or under this Act or any other Act or the Rules to be heard and determined—
(a) by the Court of Appeal; or
(b) by the Trial Division constituted by a Judge of the Court.
S. 17(2) amended by No. 24/2008 s. 18(4).
(2) Unless otherwise expressly provided by this or any other Act, an appeal lies to the Court of Appeal from any determination of the Trial Division constituted by a Judge of the Court.
Note to s. 17(2) inserted by No. 62/2014 s. 5.
See, for example, section 14A which requires leave of the Court of Appeal for civil appeals as defined in that section.
S. 17(3) inserted by No. 24/2008 s. 18(5).
(3) Unless otherwise expressly provided by this Act or any other Act or the Rules, an appeal lies to the Trial Division constituted by a Judge of the Court from any determination of the Trial Division constituted by an Associate Judge.
S. 17(4) inserted by No. 5/2013 s. 16, repealed by No. 63/2013 s. 17.
S. 17AA inserted by No. 34/2010 s. 12, amended by No. 68/2012 s. 6.
17AA Business may be disposed of by judicial registrars if Rules so permit
Without limiting section 17, the Trial Division of the Court constituted by a judicial registrar may hear and determine any matter, whether civil or criminal, if—
S. 17AA(a) substituted by No. 68/2012 s. 6.
(a) the matter falls within a particular class of matters and provision is made by the Rules for the Court constituted by a judicial registrar to hear and determine a matter of that class; or
S. 17AA(b) substituted by No. 68/2012 s. 6.
(b) provision is made by the Rules for a Judge or an Associate Judge to refer any matter (whether or not it falls within a particular class of matter) to a judicial registrar for hearing and determination and a Judge or an Associate Judge so refers the matter—
and the Rules provide for the delegation to judicial registrars of all or any powers of the Court in relation to the hearing and determination of such a matter or class of matter.
S. 17A inserted by No. 109/1994 s. 20.