You are here
Jurisdiction of the Court of Appeal
The main statutes which speak to the jurisdiction of the Court of Appeal are:
- the Judicature (Appellate Jurisdiction) Act;
- the Judicature (Resident Magistrates) Act; and
- the Justices of the Peace (Appeals) Act.
The Court of Appeal has jurisdiction to hear appeals from:
- The Supreme Court
- in respect of judgments and orders made in civil proceedings; and
- in relation to appeals from persons convicted on indictment:
- who are appealing against conviction on any ground of appeal which involves a question of law alone;
- who are appealing (with the leave of the Court of Appeal or on certificate of the Supreme Court Judge before whom they were tried) against conviction on any ground of appeal involving a question of fact alone or a mixed question of fact and law and
- who are appealing (with the leave of the Court of Appeal) against the sentence passed on conviction unless that sentence is fixed by law.
- The Resident Magistrates’ Courts in relation to:
- a judgment, decree or order in civil proceedings; and
- a judgment in a case tried on indictment or on information by virtue of the special statutory summary jurisdiction.
- The Family Court;
- Orders of Tribunals such as the Industrial Disputes Tribunal;
- Proceedings on an application for a writ of habeas corpus or an order of certiorari, mandamus or prohibition in a criminal cause or matter; and
- Orders imposing imprisonment or fine for contempt of court.
The Court of Appeal also determines:
- references by the Governor-General under section 29 of the Judicature (Appellate Jurisdiction) Act; and
- questions of law reserved or case stated for its consideration by a Judge, Resident Magistrate or Justices of the Peace sitting in Petty Sessions.