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§ 306. “Or of Any Other Court of Any State,” &c.

The only court, other than the Supreme Court of a State, from which at the establishment of the Constitution an appeal lies to the Privy Council, seems to be the “Local Court of Appeal” in South Australia—an anomalous tribunal to which an


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appeal lies from the Supreme Court of South Australia, and from which an appeal lies to the Privy Council. This Court was established by Act No. 31 of 1855–6, sec. 14, and consists of the Governor and all the members of the Executive Council except the Attorney-General. It has practically fallen into desuetude, but as it still exists, the right of appeal from it to the Privy Council was preserved.

“I propose this amendment merely because of the condition of things in our own colony, in which there is another Court of Appeal from which an appeal now lies to the Privy Council, an intermediate Court of Appeal which is seldom availed of, but which exists.” (Mr. Symon, Conv. Deb., Melb., p. 332.)

The Imperial Act 7 and 8 Vic. c. 69 provides (sec. 1) “That it shall be competent for Her Majesty, by any order to be from time to time for that purpose made with the advice of Her Privy Council, to provide for the admission of any appeal or appeals to Her Majesty in Council from any judgments, sentences, decrees, or orders of any court of justice within any British colony or possession abroad, although such court shall not be a court of error or a court of appeal within such colony or possession.”

The orders made under this Act with respect to Australian colonies seem all to have been limited to appeals “from any final judgment, decree, order, or sentence of the Supreme Court” of a colony (see § 300, supra).

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