Division 1—Sittings No. 6387 s. 50. 6 Where Court to be held s. 6 (1) The Court is to be held at such places as the Governor in Council by Order published in the Government Gazette directs. (2) The Governor in Council may by Order published in the Government Gazette direct that the Court shall cease to be held at any place and may subsequently direct that it shall be again held at that place. No. 6387 s. 45. 7 Time and place of sitting Subject to the Rules, the Court may sit and act at any time and place. Ss 8, 9 repealed by No. 109/1994 s. 19. * * * * * S. 9A inserted by No. 35/1996 s. 453(Sch. 1 item 80.2), amended by No. 24/2008 s. 14. 9A Robing of Judges All matters pertaining to the robing of Judges of the Court are to be determined by the Chief Justice after consultation with the Council of the Judges. S. 9B inserted by No. 24/2008 s. 15. 9B Titles of Associate Judges Subject to this Act, the Chief Justice, after consultation with the Council of Judges, may determine all matters pertaining to the title of any Associate Judge. S. 9C inserted by No. 34/2010 s. 10. 9C Titles of judicial registrars Subject to this Act, the Chief Justice, after consultation with the Council of Judges, may
constitute, and may exercise all the jurisdiction and powers of, the Court of Appeal. (2) More than one sittings of the Court of Appeal may be held at the same time. (3) When more than one sittings of the Court of Appeal are held at the same time, the jurisdiction and powers of the Court of Appeal may be exercised at each sittings. S. 11(4) amended by Nos 24/2007 s. 10(2), 24/2008 s. 17. (4) The Rules may provide that the jurisdiction and powers of the Court of Appeal may, in particular kinds of applications or proceedings, be exercised by a single Judge of Appeal or an Associate Judge. S. 11(4A) inserted by No. 34/2010 s. 11(1). (4A) Subject to this Act, the Rules may provide that the jurisdiction and powers of the Court of Appeal may, in particular kinds of applications or proceedings be exercised by a judicial registrar if— s. 11 (a) the matter is a kind of proceeding for which provision is made by the Rules for the Court of Appeal to be constituted by a judicial registrar; and (b) the Rules provide for the delegation to judicial registrars of powers of the Court of Appeal to hear and determine such a matter or proceeding. S. 11(5) amended by No. 64/1996 s. 41(2), substituted by No. 24/2007 s. 10(3), amended by Nos 24/2008 s. 17, 34/2010 s. 11(2). (5) The Court of Appeal may discharge or vary a judgment, order or direction given or made by a single Judge of Appeal or an Associate Judge or a judicial registrar.
Division 3—Powers S. 18 repealed by No. 58/2013 s. 54. * * * * * S. 19 amended by Nos 8/1991 s. 19(1), 10/1999 s. 25, 68/2009 s. 97(Sch. item 116.6), 30/2010 s. 94, repealed by No. 58/2013 s. 54. * * * * * No. 6387 s. 29A. 20 Offence to publish certain information concerning proceedings s. 20 A person must not, in the course of a business of publishing information concerning debtors, publish or cause to be published in any newspaper, gazette, journal, periodical circular, newsletter, letter or like document information concerning the commencement of a proceeding for debt so as to identify the defendant before judgment is given in the proceeding. 100 penalty units. Note to s. 20 inserted by No. 58/2013 s. 55. Note The Open Courts Act 2013 governs suppression orders and closed court orders generally in relation to the Court. S. 20A inserted by No. 109/1994 s. 21. 20A Power to act in cases relating to rates and taxes S. 20A(1) amended by No. 24/2008 s. 20. (1) A Judge, Associate Judge or officer of the Court is not incapable of acting in any proceeding by reason of being one of a class of ratepayers or one of any other class of persons liable in common with others to contribute to or be benefited by any
Pt 2 Div. 6 (Heading and s. 28A) inserted by No. 24/2007 s. 3. Division 6—Professional development and training S. 28A inserted by No. 24/2007 s. 3. 28A Professional development and training s. 28A (1) In this section— S. 28A(1) def. of judicial officer amended by Nos 24/2008 s. 25, 34/2010 s. 20, 5/2013 s. 20, 63/2013 s. 20. judicial officer means— (a) a Judge of the Court, including a reserve Judge; or (b) an Associate Judge, including a reserve Associate Judge; or (c) a judicial registrar. (2) The Chief Justice is responsible for directing the professional development and continuing education and training of judicial officers. (3) In discharging his or her responsibility under subsection (2) the Chief Justice may direct— (a) all judicial officers; or (b) a specified class of judicial officer; or (c) a specified judicial officer— to participate in a specified professional development or continuing education and training activity. (4) A direction under subsection (3) may be given orally or in writing. _______________
apply to all courts so far as the matters to which those rules relate are within the jurisdiction of those courts. _______________ Pt 4A (Heading and ss 33A–33H, 33J–33ZH, 33ZJ, 33ZK) inserted by No. 78/2000 s. 13. Division 1—Preliminary S. 33A inserted by No. 78/2000 s. 13. 33A Definitions s. 33A In this Part— S. 33A def. of Chapter I of the Rules amended by No. 24/2008 s. 89(a). Chapter I of the Rules means the Supreme Court (General Civil Procedure) Rules 2005; defendant means a person against whom relief is sought in a group proceeding; group member means a member of a group of persons on whose behalf a group proceeding has been commenced; group proceeding means a proceeding commenced under this Part; handicapped person means a person who is incapable by reason of injury, disease, senility, illness or physical or mental infirmity of managing his or her affairs in relation to the proceeding; person under disability means a minor or handicapped person;
(3) A defendant who, having been arrested under the order, is in custody and has not previously been served with a copy of the originating process, may be lawfully served with it. No. 6387 s. 130. 91 Defendant may apply for relief The defendant may apply to the Court at any time— (a) to rescind the order to arrest; or (b) to vary the order to arrest; or (c) to be discharged from custody; or (d) for such other relief as is just. No. 6387 s. 131. S. 92 amended by No. 35/1996 s. 453(Sch. 1 item 80.10). 92 Endorsement on order s. 90 An order to arrest must before delivery to the sheriff be endorsed with the address for service of the plaintiff and of the plaintiff's legal practitioner (if any) as required by the Rules in relation to originating process. No. 6387 s. 132. 93 Restrictions on execution of order The sheriff, a deputy sheriff or any other officer having the execution of an order to arrest must not arrest a defendant on an order taken out by a plaintiff in person unless at or before the time of making the arrest— S. 93(a) amended by No. 35/1996 s. 453(Sch. 1 item 80.10). (a) the order is delivered to the sheriff, deputy sheriff or other officer by a legal practitioner or the clerk of a legal practitioner or an agent authorised in writing by a legal practitioner; and S. 93(b) amended by No. 35/1996 s. 453(Sch. 1 item 80.10). (b) the order is endorsed, in the presence of the sheriff, deputy sheriff or other officer, with the name and place of residence of the legal practitioner by the legal practitioner, clerk or agent delivering it.
S. 101(1) amended by Nos 74/2000 s. 3(Sch. 1 item 122), 78/2008 s. 7(1). (1) Every judgment debt carries interest at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 from the time the judgment was given or, in the case of costs which are assessable by the Costs Court, from the date of the order of the Costs Court stating the result of the assessment or such other date as the Court orders. (2) The amount of the interest must be stated in the body of, and may be levied under, a warrant of execution on the judgment. Division 8—Wards of Court No. 6387 s. 177. 102 Minors to become wards only by order S. 102(1) amended by No. 24/2008 s. 26(1). (1) Subject to subsection (2), a minor must not be made a ward of Court except by order of the Court constituted by a Judge of the Court. (2) If application is made for an order under subsection (1), the minor becomes a ward of Court on the making of the application but ceases to be a ward at the end of the period prescribed by the Rules unless within that period an order has been made in accordance with the application. (3) The Court may, either on an application or of its own motion, order that a minor who is a ward of Court shall cease to be a ward. Division 9—Quashing by-laws No. 6387 s. 178. 103 Proceeding to test legality of by-laws s. 103
children on the day on which the Associate Judge resigned or retired; or (c) each reduction referred to in paragraph (a) and (b) must be a fixed percentage to be applied to the pension entitlement under the Act and, if paragraphs (a) and (b) both apply, the percentage must be the same; and (d) the reduction must be applied from the day of payment of the lump sum under subsection (1). S. 104H (Heading) amended by Nos 23/2008 s. 16(5), 24/2008 s. 34(1). S. 104H inserted by No. 19/2001 s. 21. 104H Election of Associate Judges' partners and eligible children to commute pensions for payment of superannuation contributions surcharge s. 104H S. 104H(1) amended by Nos 23/2008 s. 16(3), 24/2008 s. 34(2). (1) If no election made under section 104B or 104E is in operation, a person who is entitled to receive a pension under this Act as the partner or eligible child of a deceased former Associate Judge may elect to have part of his or her pension commuted to provide a lump sum for the purposes of payment of the whole or part of the liability for the superannuation contributions surcharge arising because of the entitlement of the former Associate Judge to receive a pension under this Act or the entitlement of the deceased former Associate Judge's partner or eligible child to receive a pension under this Act. (2) An election under subsection (1) must— S. 104H(2)(a) amended by Nos 23/2008 s. 16(4), 24/2008 s. 34(2)(b). (a) be made in writing to the Minister within 60 days after the day on which a superannuation contributions surcharge notice was issued in respect of the deceased
S. 112 amended by Nos 109/1994 s. 24, 52/1998 s. 311(Sch. 1 item 88.1) (as amended by No. 101/1998 s. 22(1)(m)), 18/2005 s. 18(Sch. 1 item 103.6), substituted by No. 24/2008 s. 42, amended by Nos 78/2008 s. 7(3)(4), 68/2009 s. 97(Sch. item 116.8), repealed by No. 34/2010 s. 23(2). * * * * * No. 6387 s. 189. 113 Common Funds s. 113 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.
commencement continues to hold office as an Associate Judge who is the Senior Master appointed under section 104(2)(a) as substituted by section 28 of that Act without further appointment; (b) a person appointed to the office of Registrar of the Court of Appeal before that commencement and holding that office immediately before that commencement continues to hold office as an Associate Judge who is the Registrar of the Court of Appeal appointed under section 104(2)(b) as substituted by section 28 of that Act without further appointment; s. 143 (c) a person appointed to the office of Registrar of Criminal Appeals before that commencement and holding that office immediately before that commencement continues to hold office as an Associate Judge who is the Registrar of Criminal Appeals appointed under section 104(2)(b) as substituted by section 28 of that Act without further appointment; (d) a person appointed to the office of Taxing Master before that commencement and holding that office immediately before that commencement continues to hold office as an Associate Judge who is the Taxing Master appointed under section 104(2)(b) as substituted by section 28 of that Act without further appointment; (e) a person appointed to the office of Master before that commencement and holding that office immediately before that commencement continues to hold office as an Associate Judge appointed under