Document ID: chunk:federal_register_of_legislation:F2006C00358:body:0:p3
Version: federal_register_of_legislation:F2006C00358
Segment Type: other
Provision Reference: 
Character Range: 5004–7677

subscribe before the Governor-General or a person authorized for the purpose by the Governor-General an oath or affirmation in the form in the Schedule to this Ordinance.

Division 2 Jurisdiction

9 Jurisdiction of Supreme Court

  Subject to this Ordinance, the Supreme Court has, in all matters arising under a law of the Territory, and generally in relation to the Territory:
 (a) the same original jurisdiction, both civil and criminal, as the Supreme Court of the Australian Capital Territory had in relation to the Australian Capital Territory immediately before the commencement of this Ordinance;
 (b) jurisdiction, with such exceptions and subject to such conditions as are provided by the laws of the Territory, to hear and determine:
 (i) appeals from judgments, orders, convictions and sentences of a District Court or Magistrate's Court; and
 (ii) points of law reserved by special cases submitted by a District Court or Magistrate's Court; and
 (c) such other jurisdiction, whether civil or criminal and whether original or appellate, as is conferred on the Supreme Court, or a Court referred to in section fourteen of this Ordinance, by a law of the Territory.

10 Costs

 (1) The Supreme Court and the judge sitting in chambers have jurisdiction to award costs in all matters brought before the Court, including matters dismissed for want of jurisdiction.

 (2) Subject to rules of court, the costs of and incidental to proceedings in the Supreme Court, including the administration of estates and trusts, shall be in the discretion of the Court or judge, and the Court or judge has power to determine by whom and to what extent the costs are to be paid.

 (3) Nothing in this section affects the practice which would otherwise be followed in a criminal cause or matter or in proceedings on the Crown side of the Court.

11 Exercise of jurisdiction of Supreme Court

 (1) The jurisdiction of the Supreme Court may be exercised:
 (a) by the judge sitting in court; and
 (b) to the extent provided by this or any other Ordinance, or by rules of court, and in all matters of practice or procedure — by the judge sitting in chambers.

 (2) The judge may order a matter that is brought before him in chambers to be adjourned into Court and heard in open Court.

 (3) The jurisdiction of the Supreme Court exercisable by the judge sitting in chambers may be so exercised in the Territory or at any place in the Commonwealth.

12 Court to sit without jury

 (1) Notwithstanding any other law in force in the Territory, all civil proceedings before the Supreme Court shall be heard and determined by the Court sitting without a jury.

 (2) A provision in a law