The following Practice Direction is published by direction of the Chief Justice, the Honourable Justice Underwood AO.
This Practice Direction replaces No. 2 of 2006.
In Practice Direction No. 2 of 2006 the Associate Judge assumed administrative responsibility with respect to all Lower Court Appeals. These arrangements have ensured that more complex appeals are properly prepared for hearing.
In future the first return date issued by the Registry will be made returnable before the Associate Judge on a date specified in the calendar as a Miscellaneous Civil Business day. A Judge will be available to hear matters or make orders where the Associate Judge does not have jurisdiction, e.g. continuance of bail.
If an Appellant is on bail from a Magistrate, the Notice to Review is to be endorsed with that fact and the review will be made returnable to a Judge in the first instance.
It is expected that this procedure will make more productive the first return date which is often a formal return date under the current system. This procedure will also centralize the case management of Lower Court Appeals.