An Associate Judge Is Appointed Under Section 35 Of Determination Act 1958

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Question 1

The Supreme Court was assented on the 16th of December 1986. The ACT number is 110 1986. The commencement of the Act is 1 January 1987. The version incorporating amendments was 1 May 2016.The long title of the bill is ‘"A Bill to amend and consolidate the law relating to the Supreme Court, to repeal the Supreme Court Act 1958, to amend the Constitution Act 1975, to amend various Acts in relation to procedure in the Supreme Court, to vary the law applicable to civil litigation in Victoria and for other purposes.’

Question 2

Section 35 of the INTERPRETATION OF LEGISLATION ACT 1984 states a construction would promote the purpose and objective of the act or the subordinate instrument. This is preferred instead of a construction, …show more content…

Question 3

An associate judge is appointed under section 104 and section 75 (4) of the Constitution Act 1975. The act requires an associate judge to be engaged under section 105D and to perform the duties given to an associate judge in the period of the engagement and should be acting under Section 105H. Being a associate judge means you are a member of the judicial panel but you not be a Chief Justice in the jurisdiction.

The judge of the court means they have authority to here case and give justice to the parties. The governor-general appoints the judges in Australia. It can be found in section 75(3) of the Constitution Act 1975. A reserve judge is engaged under section 81B of the Constitution Act to take the duties of the judge of the court in the period of engagement and must be acting under section 81GA of the Act.
The definitions are open definitions as there are articulated about all through the document.

Question 4
Under section 10 the court of appeal can here
a) All appears from the trail division, which is constituted by a judge of the court.
b) They are additional jurisdictions in the court of appeal under the act and the commonwealth …show more content…

The rule provides delegation to the judicial registrars and gives powers to the court in hearing and determination of matters.

Question 5 (B) s13

Section 13
States that a must not seat in a hearing in appeal from judgment that has been tried before them.
(a) A judge of appeal or an additional judge of the trail division cannot sit in a hearing of a new trail given that the judges were the ones that constituted the new trail.

Question 6
A proceeding means a matter being heard in court but it cannot be a criminal proceeding. The case describes the proceedings as where a person makes use of the machinery in the court to brings forward a claim or resist a claim or apply for relief against another and this constitutes a proceeding. The word proceeding can be found in section 3 (1) of Supreme Court Act 1986.

Section 23 of the interpretation of the Legislation 1986 is relevant to the decision as where an Act presents energy to make a subordinate instrument, expressions utilized as a part of a subordinate instrument made in the activity of that force should, unless the opposite aim shows up, have the same particular implications as they have in the Act giving the force as revised and in power for

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