Document ID: chunk:federal_register_of_legislation:F2006C00358:body:0:p1
Version: federal_register_of_legislation:F2006C00358
Segment Type: other
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Territory of Cocos (keeling) ISLANDS

Supreme Court Ordinance 1955

Ordinance No. 4 of 1955 as amended

made under the

Cocos (Keeling) Islands Act 1955

This compilation was prepared on 8 April 2002
taking into account amendments up to Ordinance No. 2 of 1987 and
Act 60 of 1989

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General's Department, Canberra

Contents
Page

Part I Preliminary

 1 Short title [see Note 1]
 2 Definitions
 4 Establishment and constitution of Supreme Court
 5 Appointment of Judge and additional Judges
 5A Exercise of jurisdiction
 6 Remuneration of Judges
 7 Ceasing to hold office
 8 Oath of allegiance and office by judge

Division 2 Jurisdiction

 9 Jurisdiction of Supreme Court
 10 Costs
 11 Exercise of jurisdiction of Supreme Court
 12 Court to sit without jury
 13 Pending proceedings
 14 References to Supreme Court etc in existing laws
 15 Practice and procedure

Part III Administration

 16 Principal seat and sittings
 17 Registries
 18 Registrar and other officers
 18A Sheriff of the Territory
 19 Seal

Part IV Miscellaneous

 21 Informations before Supreme Court
 22 Commissioners for affidavits
 23 Rules of court

The Schedule

Notes

An Ordinance to establish a Supreme Court of the Territory, and for other purposes

Part I Preliminary

1 Short title [see Note 1]

  This Ordinance may be cited as the Supreme Court Ordinance 1955-1976.

2 Definitions

  In this Ordinance, unless the contrary intention appears:
additional judge means a judge appointed under subsection (2) of section five of this Ordinance.
cause includes any suit and any criminal proceeding.
matter includes any proceeding in the Supreme Court, whether between parties or not, and any incidental proceeding in a cause or matter.
suit includes any action or original proceeding of a civil nature between parties.
the Court means the Supreme Court.
the judge includes the judge appointed under subsection (1) of section five of this Ordinance or an additional judge.
the Supreme Court means the Supreme Court established by this Ordinance.

4 Establishment and constitution of Supreme Court

  There shall be a Supreme Court of the Territory, which:
 (a) shall be known as the Supreme Court of the Territory of Cocos (Keeling) Islands;
 (b) shall be a superior court of records; and
 (c) shall consist of one judge appointed under subsection (1) of the next succeeding section and an additional judge or judges appointed under subsection (2) of that section.

5 Appointment of Judge and additional Judges

 (1) The Governor-General may appoint, by Commission under the Great Seal of Australia, a person who is a Judge of any other court created by the Parliament to be a Judge of the Supreme Court.

 (2) The Governor-General may appoint, by Commission under the Great Seal of Australia,