New South Wales Consolidated Regulations

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Reserved decision

36.3 Reserved decision

(cf DCR Part 2A, rule 7, Part 31, rule 10)

(1) If in any proceedings a judicial officer reserves his or her judgment or decision on any question, he or she--
(a) may give the judgment or decision, either in open court or in the absence of the public--
(i) at the venue for those proceedings, or
(ii) at any other place at which he or she is authorised to hear or dispose of those proceedings, or
(b) may reduce the judgment or decision to writing, sign it and forward it to the registrar at the venue for the proceedings.
(2) If a registrar receives a judgment or decision forwarded under subrule (1)(b)--
(a) the registrar must appoint a time for the judgment or decision to be read, and
(b) the registrar must give at least 24 hours' notice to the parties, in writing or otherwise, of the appointed time, and
(c) at the appointed time, the judgment or decision must be read by another judicial officer of the court, or by the registrar, whether or not the court is sitting at that time.
(3) A judgment or decision given under subrule (1)(a) or read under subrule (2)(c) takes effect on the day on which it is so given or read and is as valid as if given by the judicial officer at the hearing of the proceedings to which the judgment or decision relates.
(4) Rule 36.2 applies to a judgment or decision referred to in this rule in the same way as it applies to a judgment or decision referred to in that rule.

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