Christmas Island (Sittings of the Supreme Court) Regulations (Cth)

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Christmas Island (Sittings of the Supreme Court) Regulations

Statutory Rules 1969 No. 54 as amended

made under the

Christmas Island Act 1958

This compilation was prepared on 9 May 2002

taking into account amendments up to SR 2002 No. 93

[Note:

These regulations were repealed by SR 2002 No. 93]

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

Page

• •
• •

    1Citation [see Note 1]

 These Regulations may be cited as the Christmas Island (Sittings of the Supreme Court) Regulations.

2Interpretation

 In these Regulations, judge means a judge or additional judge of the Supreme Court.

3Sittings of the Supreme Court outside Christmas Island

• (1)

  The Supreme Court may sit in the State of New South Wales, the State of Victoria, the State of Western Australia, the Australian Capital Territory or the Northern Territory for the purpose of hearing and determining a matter, otherwise than in the exercise of its criminal jurisdiction, if the Supreme Court is satisfied that the hearing of the matter outside the Territory is not contrary to the interests of justice.

• (2)

  Sittings of the Supreme Court outside the Territory may be held at such places in the State of New South Wales, the State of Victoria, the State of Western Australia, the Australian Capital Territory or the Northern Territory, and at such times, as a judge thinks fit.

• (3)

  Subject to subregulation (1) of this regulation, where the Supreme Court is satisfied that a matter pending in the Supreme Court, otherwise than in the exercise of its criminal jurisdiction, is a matter the hearing of which, or the continuation of the hearing of which, at a sittings of the Supreme Court outside the Territory is not contrary to the interests of justice:

  • (a)

    the Supreme Court may, at any time when the matter is before the court for hearing at a sittings of the court in the Territory, order that the hearing of the matter be adjourned and be continued at a sittings of the court to be held at some place outside the Territory specified in the order; or

  • (b)

    a judge may, at any time when the matter is not before the court for hearing, order that the matter be heard or continued at a sittings of the court to be held at a place outside the Territory specified in the order, and may also revoke any order previously made by the court or a judge, whether under these Regulations or otherwise, with respect to the hearing or continuation of the hearing of the matter at a sittings of the court in the Territory.

• (4)

  Where a matter is before the Supreme Court for hearing at a sittings of the court at a place outside the Territory, the court may order that the hearing of the matter be adjourned and be continued at a sittings of the court to be held:

  • (a)

    at that place or at another place outside the Territory; or

  • (b)

    in the Territory.

• (5)

  Where the Supreme Court or a judge has, under these Regulations, ordered that a matter be heard or continued at a sittings of the court to be held at a place outside the Territory, a judge may, at any time when the matter is not before the court for hearing, revoke that order and order that the matter be heard or continued at a sittings of the court to be held at another place outside the Territory or in the Territory.

• (6)

  Where the Supreme Court or a judge makes an order under these Regulations relating to the hearing of a matter, the court or the judge may give directions concerning the service of a copy of the order upon the parties to the matter other than the party at whose instance the order is made.

Notes to the Christmas Island (Sittings of the Supreme Court) Regulations

Note 1

The Christmas Island (Sittings of the Supreme Court) Regulations (in force under the Christmas Island Act 1958) as shown in this compilation comprise Statutory Rules 1969 No. 54 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1969 No. 54	23 Apr 1969	23 Apr 1969
1981 No. 205	21 July 1981	21 July 1981	—
2002 No. 93	9 May 2002	9 May 2002	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 3..........................................	am. 1981 No. 205