Supreme Court of Norfolk Island

Supreme Court Of Norfolk Island

Supreme Court of Norfolk Island

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Description:
The Supreme Court of Norfolk Island hears certain cases in the Australian territory of Norfolk Island. It is the superior Court of Norfolk Island. Appeal lies to the Federal Court of Australia.

Legal Basis

The Court was established by the Norfolk Island Act 1957.Although that Act was repealed by the Norfolk Island Act 1979, the Court continued in existence as "the Superior Court of Record of the Territory".

Practice and Procedure

Under s.59 of the 1979 Act, the jurisdiction, practice and procedure of the Supreme Court shall be as provided under "enactment", a term which includes any "Ordinance continued in force by (the 1979) Act" (s.4(1)). One such ordinance is the Supreme Court Ordinance 1960, s.5 of which provides that the Supreme Court has the same jurisdiction in and in relation to the Territory as the Supreme Court of the Australian Capital Territory has in and in relation to the ACT.

By s.11 of the Australian Capital Territory Supreme Court Act 1933, the ACT Court has the same original jurisdiction, civil and criminal, as the Supreme Court of New South Wales had in relation to NSW immediately before 1 January 1911.

Establishment

The Norfolk Island Act 1979 ("the 1979 Act") recited that Parliament recognised the special relationship of the descendants of the settlers from Pitcairn Island with Norfolk Island; and that Parliament
"consider(ed) it to be desirable and to be the wish of the people of Norfolk Island that......
...

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