Appellate Jurisdiction Act 1911 (WA)

WESTERN AUSTRALIA.

ANNO SECUNDO

GEORGII QUINTI REGIS,

XII.

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No. 4 of 1912.

AN ACT to enlarge the appellate jurisdiction of the Supreme Court, and to repeal the enact- ments relating to the establishment and juris- diction of the Court of Appeal of Western Australia.

[Assented to 9th January, 1912.]

Legislative Assembly of Western Australia, in this present Parlia- with the advice and consent of the Legislative Council and ment assembled, and by the authority of the same, as follows:- BE it enacted by the Ding's Most Excellent Majesty, by and

1.    This Act may be cited as the Appellate Jurisdiction Act, Short title.

1911.

have jurisdiction to hear and determine an appeal from every monist causes. 2. The Full Court shall, subject to this Act and Rules of Court, Appeals in niatri-

judgment, decree, and order, final or interlocutory, hereafter, or within three months before the commencement of this Act, given or made by a Judge in a matrimonial cause, whether in Court or in Chambers.

1912, No. 4.] Appellate Jurisdiction. [2 GBO. V.

In any matrimonial cause in which there has been a trial, whether with or without a jury, the Full Court in the exercise of its appellate jurisdiction under this Act may review any finding of fact and may grant a new trial.

New trials. 3.

No finding of fact by a jury in a matrimonial cause shall be reviewed or set aside otherwise than in accordance with the rules and practice for the time being observed by the Supreme Court in relation to the findings of juries in other civil causes.

Verdicts of juries. 4.

The Full Court in the exercise of its appellate jurisdiction under this Act may affirm, reverse, or modify the judgment, decree, or order appealed from, and may give such judgment or make such decree or order as ought to have been given or made in the first instance.

Powers of Court. 5.

Appeals from orders 6. No appeal to the Full Court from an order absolute for dis-

absolute for dissolu-

tion or nullity, solution or nullity of marriage shall hereafter lie in favour of any party who, having had time and opportunity to appeal to that Court from the decree nisi on which such order may be founded, shall not have appealed therefrom.

Repeal. 7. Sections twenty-nine and thirty of the Supreme Court Ordin-

ance, 1861, and section sixty-one of the Act 27 Victoria?, No. 19,

are hereby repealed.

Conditions and restrictions may be imposed by Rules of Court on the exercise of the jurisdiction conferred by this Act, and such jurisdiction shall be in addition to any jurisdiction possessed by the Full Court independently of this Act.

Rules of Court. 8.

Other jurisdiction

of Court unaffected,

Interpretation. 9. In this Act, subject to the context, the expression

"Full Court" means the Full Court as defined by section

fifteen of the Supreme Court Act, 1880;

" Judge " includes any commissioner or other person em- powered to exercise any jurisdiction in a matrimonial cause in the Supreme Court ;

"Matrimonial Cause" includes any proceeding for divorce, judicial separation, nullity. of marriage, jactitation of marriage, and every cause and matter cognisable in the Supreme Court by virtue of the jurisdiction transferred to such Court from the Court for Divorce and Matrimonial Causes.

By Authority: FRED. War. SuresoN, Government Printer, Perth.