Podcast
Questions and Answers
Which of the following is NOT a ground for review of trial under the Superior Courts Act?
Which of the following is NOT a ground for review of trial under the Superior Courts Act?
- Bias or malice by the presiding officer
- Gross irregularity in the proceedings
- Failure to submit written evidence (correct)
- Absence of jurisdiction
A review process can only be initiated if the court's decision was made within one month.
A review process can only be initiated if the court's decision was made within one month.
False (B)
What is the time frame within which a magistrate must dispatch the record of proceedings after a review motion is called upon?
What is the time frame within which a magistrate must dispatch the record of proceedings after a review motion is called upon?
15 days
The court can set aside the proceedings and refer them back for __________.
The court can set aside the proceedings and refer them back for __________.
Match the following review procedures with their descriptions:
Match the following review procedures with their descriptions:
What must the review court determine regarding applications that fail to institute proceedings within a reasonable time frame?
What must the review court determine regarding applications that fail to institute proceedings within a reasonable time frame?
The review court is required to record all proceedings regardless of the situation.
The review court is required to record all proceedings regardless of the situation.
What should the review court consider when deciding whether to condone an unreasonable delay?
What should the review court consider when deciding whether to condone an unreasonable delay?
The review court is not bound to record the ______ in cases requiring review.
The review court is not bound to record the ______ in cases requiring review.
Match the following aspects of court reviews with their corresponding descriptions:
Match the following aspects of court reviews with their corresponding descriptions:
Flashcards
Review of Trial
Review of Trial
A legal process where a higher court examines a lower court's decision to ensure it was fair and followed proper procedures.
Procedure for Review
Procedure for Review
The High Court can review decisions made by lower courts using special procedures outlined in Rules 6 and 58.
Content of Review Motion
Content of Review Motion
When seeking a review, you must formally ask the magistrate to explain why their decision should not be changed.
Powers of Court on Review
Powers of Court on Review
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Reviews of Tribunal, Board, Officers, Judicial, Quasi-judicial / Administrative Functions
Reviews of Tribunal, Board, Officers, Judicial, Quasi-judicial / Administrative Functions
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When Proceedings Started
When Proceedings Started
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Condoning Delay
Condoning Delay
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Court Record Needed for Review?
Court Record Needed for Review?
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Review vs. Appeal
Review vs. Appeal
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Determining Reasonable Delay
Determining Reasonable Delay
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Study Notes
Reviews
- Grounds for review
- Section 22 Superior Courts Act
- Absence of judge to hear matter
- Interest in the cause, bias, malice or corruption, presiding officer
- Irregularity in the proceedings (not ascertained from court record)
- Admission of inadmissible / incompetent evidence
- Section 22 Superior Courts Act
Procedure for Review
- In HC's use either the "normal" review process as in rule 58.
- Especially adopted procedure in rule 58.
- A notice of motion that matter taken on review is directed to mag who presided over all affected parties (the review respondents)
- Delivered to
- Content of review motion
- Call upon respondents to show cause why decision/proceedings not be reviewed, corrected or set aside
- Call upon mag within 15 days to dispatch to registrar:
- The record of the proceedings why
- Any reasons that he may be required to provide or desires to give & notify appli that he has done so.
Time limits
- Review procedures must be instituted within reasonable period after judgment
- Requesting condonation late filing is possible; regard to relevant circumstances.
- Urgent reviews possible with interim relief.
Powers of court on review
- Usually if successful, court sets aside proceedings & refer back to court/administrator etc. for reconsideration.
- Certain cases - may impose its own decision
- To decide whether to subscribe its own decision or not, guidelines
- 1998 case Hoppe & Co Wen
Quasi-judicial / board officers, judicial, reviews of tribunals, administrative functions
- In the same way as before
- Notice of motion, supported by affidavit setting out the grounds & the facts to submit appli to court for proceeding relief.
- Once leg impose record of the proceedings under rule 53(3) - record available by registrar to apply to review HC duly.
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Description
Test your understanding of the review processes under the Superior Courts Act. This quiz covers various aspects including grounds for review, time frames for dispatch of records, and the nature of court referrals. Challenge yourself to see how well you know these legal procedures.
