Capital TV & Appliances Pty Ltd v Falconer [1971] HCA 10

High Court of Australia Barwick C.J. McTiernan, Menzies, Windeyer, Owen, Walsh and Gibbs JJ. Capital TV & Appliances Pty Ltd v Falconer [1971] HCA 10

ORDER Appeal dismissed with costs as incompetent. Special leave to appeal refused with costs.

Cur. adv. vult.

The following written judgments were delivered:—

1971, April 8 Barwick C.J.

The Supreme Court of the Australian Capital Territory was established by the Australian Capital Territory Supreme Court Act 1933-1968 (the Act). The following sections of the Act are presently relevant:

6.

(1) There shall be a Supreme Court of the Territory which shall be known as the Supreme Court of the Australian Capital Territory.

(2) The Court shall be a superior court of record.

(3) The Court shall consist of one Judge appointed under sub-section 1 of the next succeeding section and the additional Judge or Judges appointed under sub-section (2) of that section.

7.

(1) The Governor-General may appoint, by commission, a person who is or has been—

(a) a Judge of another court created by the Parliament, or of a court of a State; or

(b) a practising barrister, solicitor, barrister and solicitor, or legal practitioner of the High Court or of the Supreme Court of a State, the Australian Capital Territory or another Territory of the Commonwealth, of not less than five years' standing,

to be a Judge of the Supreme Court.

(2) The Governor-General may appoint by commission a person who or persons each of whom is a Judge of another court created by the Parliament to be an additional Judge or additional Judges of the Supreme Court.

(3) The Judges appointed under the last preceding sub-section have seniority as additional Judges of the Supreme Court according to the dates of their commissions.

8.

(1) Subject to the next succeeding sub-section jurisdiction of the Supreme Court is exercisable by one Judge sitting in court or to the extent provided by this Act sitting in Chambers.