Document ID: chunk:federal_register_of_legislation:C2018A00037:clause:3_60q:p1
Version: federal_register_of_legislation:C2018A00037
Segment Type: clause
Provision Reference: sch 3 cl 60Q (pt 1/2)
Character Range: 34347–36770

60Q  Supreme Court may sit in a host jurisdiction
 (1) The Supreme Court, in the exercise of its jurisdiction in civil matters, may sit in a host jurisdiction under this section if to do so would not be contrary to the interests of justice.
 (2) If a civil matter is before the Supreme Court for hearing at a sitting of the court, the court may order that the hearing of the matter be adjourned and continued at a sitting of the court in a host jurisdiction, and at a time and place, specified in the order.
 (3) If a civil matter is not before the Supreme Court for hearing, a Judge may order that the matter be heard or continued at a sitting of the court in a host jurisdiction, and at a time and place, specified in the order.
 (4) When exercising its jurisdiction in a civil matter in a host jurisdiction, the Supreme Court has, and may exercise, all the powers that it would have if it were exercising its jurisdiction in that matter in the Territory.
 (5) A power exercised by the Supreme Court under subsection (4) is taken to have been exercised by the Court at a sittings of the Court in the Territory.
 (6) A person who appears as a witness in the Supreme Court in the hearing of a civil matter, or in related proceedings, held wholly or partly in a host jurisdiction, must be paid by the Commonwealth such fees and allowances as would be payable to the person if the person had appeared as a witness in the hearing of the matter held in the Territory.
 (7) Where:
 (a) the Supreme Court, when exercising its jurisdiction in a civil matter in a host jurisdiction, makes an order, issues a warrant or summons or gives a judgment; and
 (b) a person fails to comply with that order, warrant, summons or judgment; and
 (c) that failure would have constituted an offence against a law of the Territory if it had occurred there;
the person commits an offence against this Act punishable by a penalty that is the same as the penalty for the offence referred to in paragraph (c).
 (8) An order made under subsection (2) or (3) to hear or continue a matter in a host jurisdiction, may:
 (a) if the matter is before the Supreme Court for hearing at a sitting of the court—be revoked by the court and replaced with an order that the hearing of the matter be adjourned and continued at a sitting of the court in the Territory, and at a time and place, specified in the order; and
 (b) if the matter is not before the Supreme