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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[Note: These regulations were repealed by SR 2002 No. 93]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
1 Citation [see Note 1]
2 Interpretation
3 Sittings of the Supreme Court outside Christmas Island
Notes
1 Citation [see Note 1]
These Regulations may be cited as the Christmas Island (Sittings of the Supreme Court) Regulations.
2 Interpretation
In these Regulations, judge means a judge or additional judge of the Supreme Court.
3 Sittings 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 |
Overview
The Christmas Island (Sittings of the Supreme Court) Regulations 1969, made under the Christmas Island Act 1958, were introduced to address the logistical challenges of hearing and determining matters in the Supreme Court of Christmas Island. The regulations were repealed by Statutory Rules 2002 No. 93, but at the time of their enactment, they aimed to facilitate the flexibility of the Supreme Court to sit outside the Territory of Christmas Island, specifically in the states of New South Wales, Victoria, Western Australia, the Australian Capital Territory, or the Northern Territory, for civil matters. The enactment of these regulations was authorised by the Parliament of Australia, and their policy objective was to ensure that the interests of justice were upheld while providing the Supreme Court with the necessary flexibility to sit outside Christmas Island when required. The regulations provided a framework for the Supreme Court to order the hearing of matters outside the Territory, subject to the court being satisfied that such arrangements did not compromise the interests of justice.
Scope and Application
The Christmas Island (Sittings of the Supreme Court) Regulations, made under the Christmas Island Act 1958, allow the Supreme Court of the Territory to sit outside Christmas Island in specified Australian jurisdictions to hear and determine matters, excluding those involving criminal jurisdiction. This legislative instrument applies to the Supreme Court, its judges, and any parties involved in cases where a hearing is scheduled outside Christmas Island. The specified jurisdictions include the States of New South Wales, Victoria, and Western Australia, as well as the Australian Capital Territory and the Northern Territory. The application of these regulations is contingent upon the Supreme Court's determination that holding the hearing outside Christmas Island does not compromise the interests of justice. The Regulations also permit the Supreme Court or a judge to order the continuation or commencement of a hearing outside Christmas Island, with the flexibility to later revoke such an order and transfer the hearing to another location or back to Christmas Island. Notably, these regulations were repealed by Statutory Rules 2002 No. 93, which came into effect on 9 May 2002.
Key Provisions
The Christmas Island (Sittings of the Supreme Court) Regulations 1969 (C1969L00054) establish the legal framework for the Supreme Court to hold sittings outside the Territory of Christmas Island under the Christmas Island Act 1958. According to Regulation 3(1), the Supreme Court can convene in New South Wales, Victoria, Western Australia, the Australian Capital Territory, or the Northern Territory to hear and determine civil matters, provided that it is not contrary to the interests of justice. The specific locations and times for these sittings are determined by a judge (Regulation 3(2)). Regulation 3(3) further outlines that the Supreme Court can adjourn a hearing or continue it outside the Territory if it deems such a move to be just. Judges also have the authority to order a matter to be heard outside the Territory if it is not currently before the court (Regulation 3(3)(b)), and they can revoke previous orders for the hearing to take place within the Territory. Regulation 3(4) grants the court the flexibility to adjourn a hearing from one location outside the Territory to another or back within the Territory. Additionally, judges can revoke an order to hold a hearing outside the Territory and instead order it to be held in another location outside the Territory or within the Territory (Regulation 3(5)). The Regulations also allow the court or a judge to provide directions for serving a copy of any order related to the hearing of a matter on the involved parties (Regulation 3(6)).
The Christmas Island (Sittings of the Supreme Court) Regulations impose several obligations on the Supreme Court and judges. They must ensure that any decision to sit outside Christmas Island does not contravene the interests of justice (Regulation 3(1)). When deciding whether to adjourn or continue a hearing outside the Territory, the court or a judge must carefully consider the implications and fairness of such a move (Regulation 3(3)). They are also responsible for giving directions concerning the service of orders to the relevant parties (Regulation 3(6)). These obligations ensure that the administration of justice remains fair and accessible, even when hearings are conducted outside the usual jurisdiction.
Breaches of the Christmas Island (Sittings of the Supreme Court) Regulations could lead to legal consequences, though specific penalties are not detailed within the Regulations themselves. Typically, such breaches could result in legal actions being taken against the individuals or entities involved. For instance, if a decision to sit outside the Territory is found to be contrary to the interests of justice, this could potentially lead to appeals or judicial reviews. Furthermore, if orders regarding the service of documents are not properly followed, this might result in procedural errors that could be challenged in court. While the Regulations do not specify maximum penalties, any resulting legal actions would be subject to the general principles of administrative and judicial law in Australia.