Supreme Court of Cocos (Keeling) Island - Establishment of The Court

Establishment of The Court

The court is established by section 4 of the Supreme Court Ordinance 1955 as the Supreme Court of Cocos. The court has jurisdiction under the Singapore Courts Ordinance. This Ordinance gives it all the jurisdiction which the Supreme Court of the Australian Capital Territory had in 1955. The jurisdiction of the Supreme Court of the Australian Capital Territory is in turn based on the jurisdiction of the Supreme Court of New South Wales that existed on 1 January 1911. The court also had jurisdiction when an applied Singaporean law said that either the Supreme Court of the Straits Settlements (including the High Court of that court or the Court of Appeal of that court), the Supreme Court of the Colony of Singapore (including the High Court, or the Court of Appeal of that Court, or the Court of Criminal Appeal of either the Straits Settlements or of the Colony of Singapore.

The Supreme Court Rules as they existed in the Australian Capital Territory before 23 November 1955 governed the procedure of the Court. This was the date on which the court was established. All cases were to be heard by a single judge without a jury. The Court was to sit principally on the West Island but it could sit anywhere having regard to the interests of justice. The Administrator of the Island is the registrar of the Court. The Administrator is appointed by the Governor-General. One of the difficulties for the Islanders was that there were no resident lawyers on the Island. Coupled with the time difference, it was hard to get timely advice on the legal matters in the territory.