Potential Benefits of the LCB The Bill proposes that the Land Claims Court be abolished and replaced with a specialised Land Court and Land Court of Appeal . If the Bill is enacted , these two courts will deal almost exclusively with all issues relating to land rights and land claims
According to the Advisory Panel Report and the Memorandum on the Bill , the establishment of a specialised and permanent Land Court and Land Court of Appeal will help contribute to the development of case law on land restitution and land rights . The Bill also allows for future legislation to give the Land Court jurisdiction to deal with other issues relating to land rights and land claims if the need arises in future .
Structure of the Land Court According to the Bill , the Land Court will have similar status and powers to the High Court . The Land Court of Appeal will have similar status and powers to the Supreme Court of Appeal . Both courts will be headed by a Judge President and Deputy Judge President who must both be judges of the High Court at the time of their appointment .
Significantly , every judge on the Land Court and Land Court of Appeal will be permanent . Judges will be appointed by the president on the recommendation of the Judicial Service Commission and must have experience or expertise in land rights matters . The judges of the court must also be representative of the race and gender demographics of the country .
Comparison to International Structures Australia The Land Court is a specialised judicial tribunal and court of record , established under the Land Court Act 2000 . The Land Court comprises a president and other members . Unlike judges , who have life tenure , members of the Land Court are appointed for 15-year terms . Judicial registrars may also be appointed as officers of the court to perform certain functions .
Hearings in the Land Court are usually presided over by a single member . The judicial registrar may also hear and decide certain matters , though they are responsible mainly for the court ’ s alternative dispute resolution
SA Real Estate Investor Magazine MARCH 2022 63