Home | Databases | WorldLII | Search | Feedback Nauru Subsidiary Legislation

  Download original PDF

Civil Procedure Act 1972 - Rules of Empanelment of a Full Bench 2015

REPUBLIC OF NAURU
GOVERNMENT GAZETTE
PUBLISHED BY AUTHORITY

No. 23 25th February, 2015 Nauru

G. N. No. 71 / 2015

CIVIL PROCEDURE ACT 1972
RULES FOR EMPANELMENT OF A FULL BENCH

-----------------------
S.L No. 3 of 2015
------------------------

In exercise of the powers conferred on me by section 76 (1) of the Civil Procedure Act 1972, I make the following rules –

1. (a) The Supreme Court shall normally be constituted by a single Judge but may, in its discretion, be empanelled as a full bench of three Judges in any of the following circumstances:-
   

(i) On a matter that is of constitutional importance;

(ii) On a matter that is of national significance or which relates to vital public policy;

(iii) On a matter which relates to an important point of law; and

(iv) On appeals from the District Court and the Family Court or a Case Stated for the Opinion of the Court which may fall within subsection (a) (i), (ii) or (iii).

(b) In the event only two Judges are available, a full bench shall be comprised accordingly.

2. Parties in proceedings before the Court may by way of motion and affidavit seek the empanelling of a full bench before a single Judge.

3. An application for empanelment shall be made at the commencement of proceedings unless there are compelling reasons for doing otherwise.

Issued this 29th day of January 2015.

JONI MADRAIWIWI
CHIEF JUSTICE