Ursula Stephens (NSW, Australian Labor Party, Parliamentary Secretary for Social Inclusion and the Voluntary Sector) Share this | Hansard source

I move government amendment (1) on sheet CJ208:

(1)    Schedule 1, item 3, page 56 (lines 5 to 29), omit subsections 30AE(4) and (5), substitute:

        (4)    In relation to criminal appeal proceedings, a single Judge (sitting in Chambers or in open court) or a Full Court may:

             (a)    join or remove a party to an appeal to the Court; or

             (b)    make an order by consent disposing of an appeal to the Court; or

             (c)    make an order that an appeal to the Court be dismissed for want of prosecution; or

             (d)    make an order that an appeal to the Court be dismissed for:

                   (i)    failure to comply with a direction of the Court; or

                  (ii)    failure of the appellant to attend a hearing relating to the appeal; or

             (e)    vary or set aside an order under paragraph (c) or (d); or

              (f)    give directions about the conduct of an appeal to the Court, including directions about:

                   (i)    the use of written submissions; and

                  (ii)    limiting the time for oral argument.

     (4A)    An application for the exercise of a power mentioned in subsection (4) must be heard and determined by a single Judge unless:

             (a)    a Judge directs that the application be heard and determined by a Full Court; or

             (b)    the application is made in a proceeding that has already been assigned to a Full Court and the Full Court considers it is appropriate for it to hear and determine the application.

        (5)    The Rules of Court may make provision enabling an application of the kind mentioned in subsection (2), (3) or (4A) to be dealt with, subject to conditions prescribed by the Rules, without an oral hearing.

This amendment will make it very clear that the court can make interlocutory orders of its own motion in criminal appeal cases. The change was requested by the court in order to avoid any scope for doubt about the extent of the court’s powers to manage the conduct of criminal appeals.

Question agreed to.

On sheet CJ208, the government opposes items 60-63 in the following terms:

(2)    Schedule 1, items 60 to 63, page 110 (lines 6 to 27), to be opposed.

This amendment will remove an item which is no longer required in this bill. The item dealt with civil procedures before the court. A bill has subsequently been developed which deals comprehensively with civil procedures before the court. This bill is currently before parliament: Access to Justice (Civil Litigation Reforms) Amendment Bill 2009.