Version No. 093 Supreme Court Act 1986 No. 110 of 1986 Version incorporating amendments as at 1 May 2016 table of provisions Section Page Part 1—Preliminary 1 1 Purpose 1 2 Commencement 1 3 Definitions 1 4 Abolition of distinction between court and chambers 9 5 Criminal procedure 11 Part 2—Sittings, powers and procedures 12 Division 1—Sittings 12 6 Where Court to be held 12 7 Time and place of sitting 12 9A Robing of Judges 12 9B Titles of Associate Judges 12 9C Titles of judicial registrars 12 Division 2—Court of Appeal 13 10 Jurisdiction and powers 13 11 Way in which Court of Appeal may be constituted 14 12 Opinions equally divided 17 13 Judges not to sit on appeal from their own judgments 17 13A When additional Trial Division Judge must not sit on hearing of new trial 17 14 Power of Court of Appeal on civil appeals 17 14A Leave to appeal required for civil appeals 18 14B Commencing a civil appeal 18 14C Appeal must have real prospect of success 19 14D Determination of application for leave to appeal 19 15 Constitution of Court if one Judge of Appeal unable to continue 20 16 Arrangement of business of Court of Appeal 20
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; 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 of repealed by No. 109/1994 s. 18(c). * * * * *
and the Rules provide for the delegation to judicial registrars of all or any powers of the Court in relation to the hearing and determination of such a matter or class of matter. S. 17A inserted by No. 109/1994 s. 20. 17A Restriction on appeals S. 17A(1) amended by No. 24/2008 s. 19(1)(a), repealed by No. 62/2014 s. 6(1)(a). * * * * * S. 17A(2) amended by Nos 24/2008 s. 19(1)(b), 34/2010 s. 13(1). (2) Subject to subsection (2A), an order made by the Trial Division constituted otherwise than by a Judge of the Court— (a) by consent of the parties; or (b) as to costs which are in the discretion of the Trial Division— is not subject to appeal to the Trial Division constituted by a Judge of the Court except by leave of the Trial Division constituted by a Judge of the Court or by leave of the person constituting the Trial Division which made the order. S. 17A(2A) inserted by No. 34/2010 s. 13(2). (2A) Subsection (2) does not apply in respect of an order made by the Trial Division constituted by a judicial registrar. Note See section 113M.
S. 104J (Heading) amended by Nos 23/2008 s. 16(5), 24/2008 s. 35(1). S. 104J inserted by No. 19/2001 s. 21. 104J Payment and commutation of pensions of former Associate Judges' partners and eligible children (1) If an election under section 104H is in operation, the Minister must cause the amount of the lump sum to be paid to the Commissioner of Taxation within the period stated in the superannuation contributions surcharge notice to be applied towards payment of the superannuation contributions surcharge. S. 104J(2) amended by Nos 23/2008 s. 16(3), 24/2008 s. 35(2)(a). (2) On payment of the lump sum, the pension of a person entitled to receive a pension as the partner or eligible child of the deceased former Associate Judge otherwise payable from time to time under this Act must be reduced to the extent determined under section 104I. (3) For the purposes of section 104I— S. 104J(3)(a) amended by Nos 23/2008 s. 16(3), 24/2008 s. 35(2)(b). (a) the reduction of any future entitlement of the Associate Judge's partner or eligible child to a pension must not exceed 15% of— S. 104J(3)(a)(i) amended by Nos 23/2008 s. 16(3), 24/2008 s. 35(2)(a). (i) an amount equal to the total pension entitlement of the Associate Judge and his or her partner and eligible children on the day on which the Associate Judge resigned or retired; or S. 104J (3)(a)(ii) amended by Nos 23/2008 s. 16(4), 24/2008 s. 35(2). (ii) in the case of the Associate Judge's death while in office, an amount equal to his or her partner's and eligible children's total pension entitlement on the day on which the Associate Judge died; and (b) the reduction must be a fixed percentage to be applied to the pension entitlement under the Act; and
private, in respect of which the Associate Judge receives remuneration. No. 6387 s. 181. S. 105 amended by No. 109/1994 s. 22(3), substituted by No. 24/2008 s. 36 (as amended by No. 78/2008 s. 21). 105 Acting Associate Judges (1) If an Associate Judge other than 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 that Associate Judge. (2) If an Associate Judge other than the Associate Judge who is the Senior Master is absent for a period not exceeding 6 months, the Chief Justice may nominate another Associate Judge to act in the place of that Associate Judge. (3) A person appointed under subsection (1) or nominated under subsection (2) has and may exercise the duties and powers of the Associate Judge in whose place the appointee or nominee is acting. (4) If an office of Associate Judge becomes vacant, the Governor in Council may appoint another Associate Judge to act in that office. (5) An appointment under subsection (4) is for the term (not exceeding 6 months) specified in the instrument of appointment. (6) A person appointed under subsection (4) has, during the term of the appointment, all the powers, and may during that term perform all the 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
any interruption in continuity of his or her tenure, appointment or engagement. Pt 7 Div. 1B (Heading) inserted by No. 63/2013 s. 25. Division 1B—Appointments of other officers 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. 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), 1/2014 s. 75. (a) 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(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.
in Council published in the Government Gazette is a bailiff for the purposes of this Act. S. 109(3) amended by No. 37/2014 s. 10(Sch. item 162.2). (3) A bailiff referred to in subsection (2) may from time to time in writing appoint any police officer to assist him or her. S. 109(4) inserted by No. 9/2009 s. 61(2). (4) In this section— sheriff's officer has the same meaning as in the Sheriff Act 2009. Pt 7 Div. 2 (Heading) substituted by No. 24/2008 s. 38. Division 2—Functions of Associate Judges S. 109A inserted by No. 24/2008 s. 39. 109A Chief Justice responsible for business of Associate Judges The Chief Justice has responsibility for the administration of the business of the Associate Judges, including the Associate Judge who is the Senior Master, and the orderly and expeditious exercise of their functions and powers. No. 6387 s. 186. S. 110 substituted by No. 24/2008 s. 40. 110 Functions of the Senior Master The Senior Master has the duties, powers and authorities imposed or conferred on him or her by or under this Act or any other Act or the Rules. No. 6387 s. 187. S. 111 substituted by No. 24/2008 s. 41, amended by No. 34/2010 s. 22 (ILA s. 39B(1)). 111 Functions of Associate Judges (1) The Associate Judges— (a) must assist in the general business of the Court; and (b) must perform the duties and exercise the powers and authorities imposed or conferred on them by or under this Act or any other Act or the Rules.
S. 113(1) amended by Nos 52/1998 s. 311(Sch. 1 item 88.2), 30/2004 s. 3(1). (1) Subject to section 66 of the Guardianship and Administration Act 1986 and section 51A of this Act, all money paid into court under an order of the Court or under any Act or the Rules is to be held by the Senior Master. S. 113(2) amended by No. 30/2004 s. 3(2). (2) In addition to Common Fund No. 1 and the other Common Funds established before the commencement of this Act by or under the Supreme Court Act 1958 and Common Fund No. 3 established by section 113A of this Act, there may be established, by and in accordance with the Rules or under subsection (26), more Common Funds, each to be identified by an appropriate distinguishing number. (3) Unless the Senior Master otherwise determines, no money is to be invested in Common Fund No. 1 after the commencement of this Act. S. 113(4) amended by No. 30/2004 s. 3(3). (4) Money held by the Senior Master, including money forming part of a Common Fund (except Common Fund No. 3), may be invested— S. 113(4)(a) repealed by No. 11/2001 s. 3(Sch. item 71.1(a)). * * * * * S. 113(4)(b) substituted by No. 55/1987 s. 57(3)(Sch. 5 item 54), amended by No. 45/1994 s. 42(Sch. item 9). (b) on deposit with the State Trust for investment in such common fund as the Court specifies; or S. 113(4)(c) repealed by No. 18/1994 s. 66(Sch. 2 item 24.1). * * * * *
(15) The Senior Master, with the approval of the Chief Justice, may fix different rates of interest according to— S. 113(15)(a) amended by No. 30/2004 s. 3(8). (a) the source and nature of the different amounts transferred to a Common Fund (except Common Fund No. 3); (b) the periods for which those amounts will probably remain in the Fund; (c) such other factors as they consider relevant. (16) At such time or times in each year as the Senior Master determines, such amount of the money at credit in each Interest Suspense Account as the Senior Master considers necessary must, after providing for all interest payable to the credit of persons, estates and trusts, be carried to the credit of an account to be called the "Common Funds Guarantee and Reserve Account". S. 113(17) amended by No. 30/2004 s. 3(9). (17) All capital profit made on the realization of investments from a Common Fund (except Common Fund No. 3) must also be carried to the credit of the Common Funds Guarantee and Reserve Account. (18) Money standing to the credit of the Common Funds Guarantee and Reserve Account may be applied for all or any of the following purposes: (a) Payment to a Common Fund of an amount equivalent to any capital loss incurred on realization of any investment made from the Common Fund; (b) Payments of any costs and expenses incurred in protecting investments made from a Common Fund; S. 113(18)(ba) inserted by No. 30/2004 s. 3(10). (ba) Payments of any costs, expenses and charges incurred in respect of staff employed in connection with the administration of a
Common Fund as in the opinion of the Senior Master are properly chargeable against the Common Funds Guarantee and Reserve Account; S. 113(18)(bb) inserted by No. 30/2004 s. 3(10). (bb) Payments of any costs, expenses and charges incurred in respect of— (i) legal advice obtained in relation to a person, estate or trust; or (ii) legal proceedings to which a person, estate or trust is a party— as in the opinion of the Senior Master are properly chargeable against the Common Funds Guarantee and Reserve Account and not against a particular person, estate or trust because of the general interest and importance of the subject matter of the advice or proceedings; (c) Payments of such other costs, expenses and charges incurred in respect of a Common Fund or investments made from a Common Fund as in the opinion of the Senior Master are properly chargeable against the Common Funds Guarantee and Reserve Account. (19) Any money standing to the credit of the Common Funds Guarantee and Reserve Account which is not for the time being required for any of the purposes referred to in subsection (18) may be invested— S. 113(19)(a) amended by No. 11/2001 s. 3(Sch. item 71.1 (b)(i)). (a) in any manner in which trust money may be invested by a trustee under the Trustee Act 1958 or any other Act—
(i) leave any matter or thing dealt with by or in accordance with the regulations to be decided by a specified court official or class of court official. S. 129(3) inserted by No. 9/1995 s. 11(1), amended by No. 62/2014 s. 108(3). (3) Subject to the regulations or any power to reduce, waive, postpone, remit or refund any fee fixed under subsection (1)(a), the prothonotary or a deputy prothonotary at or for the place where a proceeding is to be heard may, having regard to the income, day to day living expenses, liabilities and assets of the person liable to pay a fee prescribed under subsection (1)(a), waive payment of that fee if, in his or her opinion, the payment of that fee by that person would cause him or her financial hardship and, in that case, that prescribed fee is not payable. S. 129(4) inserted by No. 62/2014 s. 108(4). (4) If the regulations provide for a remission or refund of a fee fixed under subsection (1)(a), the Consolidated Fund is appropriated to the necessary extent to enable any remission or refund to be paid. Pt 8 (Heading) substituted by No. 51/2000 s. 11(c). Ss 130–137 repealed by No. 51/2000 s. 11(d). * * * * * S. 138 repealed by No. 52/1998 s. 311(Sch. 1 item 88.3). * * * * *
Assent Date: 28.11.00 Commencement Date: S. 13 on 1.1.00: s. 2(2); ss 14–16 on 28.11.00: s. 2(1) : This information relates only to the provision/s amending the Supreme Court Act 1986 Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001 Assent Date: 8.5.01 Commencement Date: S. 3(Sch. item 71) on 1.6.01: s. 2(2) : This information relates only to the provision/s amending the Supreme Court Act 1986 Constitution (Supreme Court) Act 2001, No. 12/2001 Assent Date: 22.5.01 Commencement Date: S. 6 on 1.1.00: s. 2(2); s. 5 on 23.5.01: s. 2(1) : This information relates only to the provision/s amending the Supreme Court Act 1986 Judicial and Other Pensions Legislation (Amendment) Act 2001, No. 19/2001 Assent Date: 29.5.01 Commencement Date: Ss 19–21 on 30.5.01: s. 2 : This information relates only to the provision/s amending the Supreme Court Act 1986 Corporations (Consequential Amendments) Act 2001, No. 44/2001 Assent Date: 27.6.01 Commencement Date: S. 3(Sch. item 107) on 15.7.01: s. 2 : This information relates only to the provision/s amending the Supreme Court Act 1986 Statute Law (Further Revision) Act 2002, No. 11/2002 Assent Date: 23.4.02 Commencement Date: S. 3(Sch. 1 item 59) on 24.4.02: s. 2(1) : This information relates only to the provision/s amending the Supreme Court Act 1986 Supreme Court (Vexatious Litigants) Act 2003, No. 71/2003 Assent Date: 14.10.03 Commencement Date: 15.10.03: s. 2 : All of Act in operation Courts Legislation (Funds in Court) Act 2004, No. 30/2004 Assent Date: 1.6.04 Commencement Date: Ss 3, 4, 12 on 1.7.04: s. 2 : This information relates only to the provision/s amending the Supreme Court Act 1986 Courts Legislation (Judicial Appointments) Act 2004, No. 31/2004
Assent Date: 18.3.08 Commencement Date: S. 44 on 1.7.08: Special Gazette (No. 172) 27.6.08 p. 1 : This information relates only to the provision/s amending the Supreme Court Act 1986 Constitution Amendment (Judicial Pensions) Act 2008, No. 23/2008 Assent Date: 3.6.08 Commencement Date: Ss 16–18 on 4.6.08: s. 2(1) : This information relates only to the provisions amending the Supreme Court Act 1986 Courts Legislation Amendment (Associate Judges) Act 2008, No. 24/2008 (as amended by No. 78/2008) Assent Date: 3.6.08 Commencement Date: Ss 13–42, 73, 89 on 17.12.08: Special Gazette (No. 377) 16.12.08 p. 1 : This information relates only to the provisions amending the Supreme Court Act 1986 Courts Legislation Amendment ( and Other Matters) Act 2008, No. 78/2008 Assent Date: 11.12.08 Commencement Date: Ss 3–9 on 31.12.09: s. 2(3) : This information relates only to the provision/s amending the Supreme Court Act 1986 Relationships Amendment (Caring Relationships) Act 2009, No. 4/2009 Assent Date: 10.2.09 Commencement Date: S. 37(Sch. 1 item 25) on 1.12.09: s. 2(2) : This information relates only to the provision/s amending the Supreme Court Act 1986 Sheriff Act 2009, No. 9/2009 Assent Date: 24.3.09 Commencement Date: Ss 57–71 on 1.10.09: Government Gazette 1.10.09 p. 2539 : This information relates only to the provision/s amending the Supreme Court Act 1986 Courts Legislation Amendment (Judicial Resolution Conference) Act 2009, No. 50/2009 Assent Date: 8.9.09 Commencement Date: Ss 3–6 on 16.9.09: Special Gazette (No. 319) 16.9.09 p. 1—see Interpretation of Legislation Act 1984 : This information relates only to the provision/s amending the Supreme Court Act 1986 Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009