Commonwealth Consolidated Acts

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JUDICIARY ACT 1903 - SECT 35A

Criteria for granting special leave to appeal

                   In considering whether to grant an application for special leave to appeal to the High Court under this Act or under any other Act, the High Court may have regard to any matters that it considers relevant but shall have regard to:

                     (a)  whether the proceedings in which the judgment to which the application relates was pronounced involve a question of law:

                              (i)  that is of public importance, whether because of its general application or otherwise; or

                             (ii)  in respect of which a decision of the High Court, as the final appellate court, is required to resolve differences of opinion between different courts, or within the one court, as to the state of the law; and

                     (b)  whether the interests of the administration of justice, either generally or in the particular case, require consideration by the High Court of the judgment to which the application relates.



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