S. 3(1) def. of Australian lawyer inserted by No. 18/2005 s. 18(Sch. 1 item 103.1(a)). Australian lawyer has the same meaning as in the Legal Profession Act 2004; S. 3(1) def. of Chief Justice amended by No. 109/1994 s. 18(a). Chief Justice includes Acting Chief Justice, and in the absence of the Chief Justice and the Acting Chief Justice means the senior Judge of the Court for the time being present; costs includes fees, charges and disbursements; S. 3(1) def. of Costs Court inserted by No. 78/2008 s. 3. Costs Court means the established by section 17C; s. 3 S. 3(1) def. of Costs Judge inserted by No. 78/2008 s. 3. Costs Judge means an Associate Judge allocated to the as a Costs Judge under section 17E; S. 3(1) def. of costs registrar inserted by No. 78/2008 s. 3. costs registrar means a person employed pursuant to section 106(ac) who has functions and powers under Division 2B of Part 2; Court means the Supreme Court; S. 3(1) def. of Court of Appeal inserted by No. 109/1994 s. 18(b). Court of Appeal means the division of the Court called the Court of Appeal;
S. 3(1) def. of court official amended by Nos 35/1996 s. 453(Sch. 1 item 80.1(b)), 102/1997 s. 49(Sch. item 5), 18/2005 s. 18(Sch. 1 item 103.1(b)), 24/2008 s. 13(b), 9/2009 s. 57. court official means— (a) an officer of the Court (except a person who is an officer of the Court only because he or she is an Australian lawyer); or (b) any person employed in any of the offices of the Court; or (c) any person employed in the chambers of a Judge or Associate Judge; or (d) the sheriff or any other person acting in execution of any warrant or other process of the Court; s. 3 defendant includes every person served with any process or served with notice of or entitled to attend any proceeding; S. 3(1) def. of domestic partner inserted by No. 4/2009 s. 37(Sch. 1 item 25.1). domestic partner of a person means— (a) a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or (b) a person to whom the person is not married but with whom, in the opinion of the Minister, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender); S. 3(1) def. of repealed by No. 109/1994 s. 18(c). * * * * * S. 3(1) def. of Judge of Appeal inserted by No. 109/1994 s. 18(d). Judge of Appeal means the Chief Justice, the President, another Judge of Appeal or an additional Judge of Appeal appointed or acting under section 80B of the Constitution Act 1975;
S. 13A inserted by No. 12/2001 s. 5. 13A When additional Trial Division Judge must not sit on hearing of new trial A Judge of Appeal acting as an additional Judge of the Trial Division must not sit on the hearing of a new trial ordered by the Court if the Judge was one of the Judges that constituted the Court of Appeal that ordered the new trial. No. 6387 ss 39, 40. S. 14 substituted by No. 109/1994 s. 20. 14 Power of Court of Appeal on civil appeals (1) The Court of Appeal, in hearing and determining an appeal in a proceeding in which there has been a trial by jury, may, despite any enactment or rule of law or practice to the contrary, give any judgment on the appeal that it might have given if the proceeding had been tried without a jury and the findings or verdict of the jury had been the findings of the Judge. (2) An order for a new trial of a proceeding, whether the proceeding has been tried with a jury or without a jury, may be limited to the question of damages only or to the question of liability only even if at the trial there was an apportionment under the Wrongs Act 1958 or any other enactment. No. 6387 ss 37, 44. S. 15 substituted by No. 109/1994 s. 20. 15 Constitution of Court if one Judge of Appeal unable to continue s. 13A (1) If— (a) after the Court of Appeal (including the Court constituted under this section) has started the hearing, or further hearing, of a proceeding; and (b) before the proceeding has been determined— one of the Judges of Appeal constituting the Court of Appeal dies, resigns as a Judge or otherwise becomes unable to continue as a member of the Court for the purposes of the proceeding, the
S. 17F(a) amended by No. 34/2010 s. 15(2)(a). (a) may direct that costs, or costs of a specific class or kind, be assessed, settled, taxed or reviewed by a judicial registrar or a costs registrar; S. 17F(b) amended by No. 34/2010 s. 15(2)(b). (b) may give general directions as to case management by judicial registrars or costs registrars. S. 17G inserted by No. 78/2008 s. 5. 17G Powers and functions of costs registrar (1) Subject to the general direction and control of a Costs Judge, a costs registrar may— (a) assess, settle, tax or review costs in accordance with directions under section 17F and the Rules; and (b) exercise the powers of the conferred on a costs registrar by or under this Act or any other Act or by the Rules. (2) In the performance of his or her duties as a costs registrar and the exercise of the powers of the Costs Court under subsection (1), a costs registrar is not subject to direction or control under the Public Administration Act 2004 or of any person or body. (3) Subject to sections 17H and 17J, a determination made by a costs registrar— (a) has effect as a judgment, an order or a direction (as the case requires) of the ; and (b) may be enforced accordingly. S. 17G(4) repealed by No. 64/2010 s. 65. * * * * * S. 17GA inserted by No. 34/2010 s. 16. 17GA Powers and functions of judicial registrar in s. 17GA
S. 25(1)(b) amended by No. 24/2008 s. 22(1)(a). (b) The prescription of the proceedings or class of proceedings which may be dealt with by the Court constituted by an Associate Judge; S. 25(1)(c) amended by Nos 109/1994 s. 22(1)(a)(i)(ii), 24/2008 s. 22(1)(b). (c) Appeals by way of rehearing or otherwise to the Trial Division of the Court constituted by a Judge an associate judge of the County Court; S. 25(1)(ca) inserted by No. 109/1994 s. 22(1)(b). (ca) applications and appeals to and proceedings in the Court of Appeal; s. 25 S. 25(1)(cb) inserted by No. 24/2008 s. 22(1)(c). (cb) appeals by way of rehearing or otherwise from the Trial Division constituted by an Associate Judge— (i) to the Court of Appeal; or (ii) to the Trial Division constituted by a Judge of the Court; S. 25(1)(cc) inserted by No. 34/2010 s. 19(1). (cc) appeals by way of rehearing or otherwise from the Court constituted by a judicial registrar— (i) to the Court of Appeal; or (ii) to the Trial Division constituted by a Judge of the Court or by an Associate Judge; (d) The payment of money into and out of court and the investment of that money including, without limiting the generality of the foregoing provisions of this paragraph, rules— (i) providing for the establishment and management of Common Funds; and
(ii) regulating the practice and procedure of the Senior Master in relation to the investment of money; and (iii) generally prescribing anything necessary to be prescribed for the proper management and operation of Common Funds; S. 25(1)(da) inserted by No. 78/2008 s. 6. (da) the practice and procedure of the Costs Court, including, but not limited to generally providing for matters in respect of the assessment, settling, taxation and review of costs by the Costs Court. S. 25(1)(db) inserted by No. 78/2008 s. 6, amended by No. 34/2010 s. 19(2)(a). (db) without limiting paragraph (da), the performance of assessing, settling, taxing and reviewing of costs by costs registrars or judicial registrars, including, but not limited to, the exercise by costs registrars or judicial registrars of the jurisdiction of the Costs Court; s. 25 S. 25(1)(dc) inserted by No. 78/2008 s. 6, amended by No. 34/2010 s. 19(2)(b). (dc) the transfer or referral of matters between the Costs Court constituted by a Costs Judge and the Costs Court constituted by a costs registrar or a judicial registrar; S. 25(1)(dd) inserted by No. 78/2008 s. 6, amended by No. 34/2010 s. 19(2)(c). (dd) reviews by and appeals from the Costs Court; S. 25(1)(de) inserted by No. 34/2010 s. 19(3). (de) the prescription of the proceedings (whether civil or criminal) or class of proceedings (whether civil or criminal) which may be dealt with by the Court constituted by a judicial registrar;
whether the payments are usually made or declared at a fixed time or otherwise but does not include payments in the nature of a return or reimbursement of capital; rents includes rent service, rent charge and rent seck and all periodical payments or renderings in place of or in the nature of rent. (2) For the purposes of this Division the divisible revenue referred to in the definition of dividends is to be taken to have accrued by equal daily increment during and within the period for or in respect of which the payment of the revenue is declared or expressed to be made. (3) Nothing in this Division renders apportionable any annual sums made payable in any policies of assurance. (4) This Division does not extend to any case in which it is expressly stipulated that no apportionment is to take place. No. 6387 s. 73. 54 Rents etc. to accrue from day to day and be apportionable s. 54 All rents, annuities, dividends and other periodical payments in the nature of income (whether reserved or made payable under an instrument in writing or otherwise) are to be considered as accruing from day to day and are apportionable in respect of time accordingly. No. 6387 s. 74. 55 Time when apportioned part is to be payable The apportioned part of any payment referred to in section 54 is payable or recoverable— (a) in the case of a continuing payment, when the entire portion of which the apportioned part forms part becomes due and payable; and
(b) in settling the draft of a instrument; or (c) in such other cases as are directed by the Rules— but any party may object to the opinion and, if so, the question in dispute must be disposed of by the Court. S. 78(2) amended by No. 35/1996 s. 453(Sch. 1 item 80.9(b)). (2) The Court may determine the fee of the legal practitioner and how it shall be borne and paid. Division 4—Proceeding for recovery of land No. 6387 ss 114, 116. 79 Proceeding by landlord if rent is in arrears (1) If— S. 79(1)(a) amended by No. 11/2002 s. 3(Sch. 1 item 59.1). (a) 6 months' rent is in arrears; and (b) the landlord has the right by law to re-enter for its non-payment— the landlord may, without any formal demand for the rent in arrears and without re-entry, commence a proceeding for the recovery of the land. (2) The commencement of a proceeding referred to in subsection (1) takes the place of a demand and (3) If the Court is satisfied— S. 79(3)(a) amended by No. 11/2002 s. 3(Sch. 1 item 59.1). (a) that 6 months' rent was in arrears before the proceeding was commenced; and (b) that the landlord had power to re-enter— it may give judgment for the landlord.
duties, of the office to which that person is appointed. S. 105A inserted by No. 24/2008 s. 36. 105A Acting Senior Master (1) If the Associate Judge who is the Senior Master is absent or temporarily unable to perform the duties of office, the Governor in Council may appoint another Associate Judge to act in the place of the Senior Master. (2) If the Associate Judge who is the Senior Master is absent, another Associate Judge nominated by the Senior Master has and may exercise the duties and powers of the Senior Master in relation to the receipt, investment and payment out of funds in court. No. 6387 s. 182. S. 106 amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 194). 106 Power to employ chief executive officer, prothonotary etc. s. 105A For the purposes of this Act and to assist in the administration of justice in there are to be employed under Part 3 of the Public Administration Act 2004— S. 106(a) amended by Nos 46/1998 s. 7(Sch. 1), 9/2009 s. 58(1). (a) a chief executive officer, a prothonotary and a registrar of probates and such other employees as are necessary; and S. 106(ab) inserted by No. 24/2008 s. 37. (ab) registrars, deputy registrars and any other employees that are necessary for the effective operation of the Court generally; and S. 106(ac) inserted by No. 78/2008 s. 8. (ac) such costs registrars, deputy costs registrars and other officers as are necessary for the effective operation of the ; and S. 106(b) amended by No. 9/2009 s. 58(2).
(b) as many deputy prothonotaries and assistant registrars of probates as are required to assist in the administration of justice. No. 6387 s. 183. 107 Certain office holders to be deputies s. 107 S. 107(1) amended by No. 9/2009 s. 59(1). (1) The Governor in Council may by Order published in the Government Gazette declare the person for the time being carrying out the duties of any office in the public service to be a deputy prothonotary. (2) A person who is the subject of an Order under subsection (1)— (a) has the duties and powers specified in the Order; and S. 107(2)(b) amended by No. 9/2009 s. 59(2). (b) for the purposes of this Act is to be taken to be appointed as deputy prothonotary. No. 6387 s. 184. 108 Powers of deputies S. 108(1) amended by No. 9/2009 s. 60(1). (1) A person appointed as deputy prothonotary has the duties and powers specified in the terms of that person's appointment. S. 108(2) amended by No. 9/2009 s. 60(2). (2) Anything done by a deputy prothonotary is as valid and effective as if it had been done by the prothonotary and no person need be concerned to inquire whether any action is within the terms of the deputy's authority. No. 6387 s. 185. 109 Appointment of bailiffs and assistant bailiffs S. 109(1) substituted by No. 9/2009 s. 61(1). (1) The Governor in Council may appoint a person other than a sheriff's officer to be a bailiff for the purposes of this Act. Note In relation to sheriff's officers as bailiffs, see section 12 of the Sheriff Act 2009.
(2) During the first 24 hours after a person's arrest— (a) the arresting officer may, subject to such safeguards as the officer determines and at the expense of the arrested person, permit him or her to be under arrest in such premises approved by the arresting officer and located within 40 kilometres of the place of arrest as the person arrested nominates; and (b) the arrested person must be permitted to have at his or her own expense such food and drink as he or she desires and to communicate with such legal advisers, financial institutions and the like as he or she desires. s. 119 (3) On the arrest of a person under the provisions referred to in subsection (1), the arresting officer must give a copy of this section to the arrested person and, if that person is unable to read, the arresting officer must also read this section to him or her. (4) In this section— officer includes sheriff and bailiff; S. 119(4) def. of prison amended by Nos 16/1987 ss 4(3)(Sch. 1 item 21), 12(Sch. 2 item 11), 48/2006 s. 42(Sch. item 34). prison means a prison for the purposes of the Corrections Act 1986. No. 6387 s. 195. 120 Liability for wrongful imprisonment s. 120
an acting basis until the expiry of the acting appointment. S. 144 inserted by No. 24/2008 s. 73 (as amended by No. 78/2008 s. 23(2)). 144 Pension entitlements s. 144 Nothing in the Courts Legislation Amendment (Associate Judges) Act 2008 affects the pension entitlements of a Master who resigned, retired or died before the commencement of section 29 of that Act or the spouse or partner or eligible child of such a Master and— (a) subject to paragraph (b), those entitlements continue in existence as if the amendments made by that Act had not been made; (b) a reference in section 104A to the annual salary for the time being applicable or payable in respect of an office held immediately before retirement or at the date of death, resignation or retirement is, in relation to a Master who resigned, retired or died before the commencement of section 29 of the Courts Legislation Amendment (Associate Judges) Act 2008 or the spouse or partner or eligible child of such a Master, a reference to the annual salary for the time being payable under section 83A(1) of the Constitution Act 1975 in respect of the office of Associate Judge equivalent to the office of that Master or, in the case of a former Master who held office as a Specialist Supreme Court Master referred to in the Judicial Salaries Act 2004, the annual salary for the time being applicable to the office of Specialist Supreme Court Master under that Act, as the case requires. S. 145 inserted by No. 78/2008 s. 9. 145 Pending matters—Taxing Master s. 145 (1) If, immediately before the commencement of section 5 of the Courts Legislation Amendment
S. 150 inserted by No. 34/2010 s. 25. 150 Regulations dealing with transitional Legislation Miscellaneous Amendments Act 2010 s. 150 (1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Courts Legislation Miscellaneous Amendments Act 2010 (including the repeals and amendments made by that Act). (2) Regulations made under this section may— (a) have a retrospective effect to a day on or from the date that the Courts Legislation Miscellaneous Amendments Act 2010 receives the Royal Assent; and (b) be of limited or general application; and (c) leave any matter or thing to be decided by a specified person or class of person; and (d) provide for the exemption of persons or proceedings or a class of persons or class of proceedings from any of the regulations made under this section. (3) Regulations under this section have effect despite anything to the contrary in— (a) any Act (other than this Act, the Charter of Human Rights and Responsibilities Act 2006 or the Courts Legislation Miscellaneous Amendments Act 2010); or (b) any subordinate instrument. s. 150 __________________
Assent Date: 7.12.93 Commencement Date: S. 4(4) on 18.12.94: Government Gazette 15.12.94 p. 3308 : This information relates only to the provision/s amending the Supreme Court Act 1986 Financial Management Act 1994, No. 18/1994 Assent Date: 10.5.94 Commencement Date: Pt 1 (ss 1–8), ss 60, 61 on 10.5.94: s. 2(1); rest of Act on 1.7.94: s. 2(2) : All of Act in operation State Trustees (State Owned Company) Act 1994, No. 45/1994 Assent Date: 7.6.94 Commencement Date: Pt 1 (ss 1–3), s. 27 on 7.6.94: s. 2(1); rest of Act on 1.7.94: Special Gazette (No. 36) 23.6.94 p. 1 : All of Act in operation Catchment and Land Protection Act 1994, No. 52/1994 Assent Date: 15.6.94 Commencement Date: S. 97(Sch. 3 items 31.1, 31.2) on 15.12.94: s. 2(3) : This information relates only to the provision/s amending the Supreme Court Act 1986 Constitution (Court of Appeal) Act 1994, No. 109/1994 Assent Date: 20.12.94 Commencement Date: Pt 1 (ss 1, 2) on 20.12.94: s. 2(1); rest of Act on 7.6.95: Special Gazette (No. 41) 23.5.95 p. 1 : All of Act in operation Courts (General Amendment) Act 1995, No. 9/1995 Assent Date: 26.4.95 Commencement Date: Ss 7(5), 11(1) on 27.4.95: Government Gazette 27.4.95 p. 973 : This information relates only to the provision/s amending the Supreme Court Act 1986 Judicial Remuneration Tribunal Act 1995, No. 22/1995 Endnotes Assent Date: 16.5.95 Commencement Date: S. 20 on 28.9.95: Government Gazette 28.9.95 p. 2731 : This information relates only to the provision/s amending the Supreme Court Act 1986 Consumer Credit () Act 1995, No. 41/1995
Assent Date: 30.6.10 Commencement Date: Ss 105, 106 on 1.7.10: Government Gazette 1.7.10 p. 1359 : This information relates only to the provision/s amending the Supreme Court Act 1986 Endnotes Civil Procedure Act 2010, No. 47/2010 Assent Date: 24.8.10 Commencement Date: Ss 80–82 on 1.1.11: Government Gazette 14.10.10 p. 2404 : This information relates only to the provision/s amending the Supreme Court Act 1986 Justice Legislation Further Amendment Act 2010, No. 64/2010 Assent Date: 28.9.10 Commencement Date: Ss 65, 66 on 1.11.10: Government Gazette 21.10.10 p. 2530 : This information relates only to the provision/s amending the Supreme Court Act 1986 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes