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Judiciary Act 1903
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C2024C00235 C50
12 June 2024
-
10 December 2024
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Part I—Preliminary
1 Short title
2 Interpretation
3A Extension to Territories
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Part III—Jurisdiction and powers of the High Court generally
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Division 1—Exercise of jurisdiction
15 Exercise of jurisdiction
Division 2—Jurisdiction of single Justice
16 Jurisdiction other than in open court
17 State Supreme Courts invested with jurisdiction other than in open court
18 Reference to Full Court
Division 3—Full Court
19 Quorum of a Full Court
20 Appeals from Judges of federal jurisdiction
21 Applications for special leave to appeal to High Court
22 Quorum for granting leave to appeal to the Queen in Council or to High Court
23 Decision in case of difference of opinion
Division 4—Enforcement of process
24 Contempt
25 Powers of court to extend to whole Commonwealth
Division 4A—Summary judgment
25A Summary judgment
Division 5—Costs
26 Costs
27 No appeal as to costs
Division 6—Defendants
28 Non appearance of some defendants
29 Absent defendants
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Part IV—Original jurisdiction of the High Court
30 Original jurisdiction conferred
31 Judgment and execution
32 Complete relief to be granted
33 Mandamus Prohibition Ouster of office
33A Awards may be made Rules of Court
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Part V—Appellate jurisdiction of the High Court
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Division 1—Appeals
34 Appeals from Justices of High Court
35 Appeal from courts of States
35AA Appeals from Supreme Court of a Territory
35A Criteria for granting special leave to appeal
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Division 2—Power of Court
36 New Trials
37 Form of judgment on appeal
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Part VI—Exclusive and invested jurisdiction
38 Matters in which jurisdiction of High Court exclusive
39 Federal jurisdiction of State Courts in other matters
39A Federal jurisdiction invested in State Courts by other provisions
39B Original jurisdiction of Federal Court of Australia
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Part VII—Removal of causes
40 Removal by order of the High Court
41 Proceedings after removal
42 Remittal of causes
43 Effect of interlocutory orders etc. before removal of cause
44 Remittal of matters by High Court to other courts
45 Defence in causes removed to High Court
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Part VIII—Enforcement of certain orders concerning court proceedings
46 Interpretation
47 Application
48 Crown to be bound
49 Contravention of order to constitute contempt
50 Reports
51 Application of this Part
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Part VIIIA—Legal practitioners
55A Right of barristers and solicitors admitted in federal courts to practise in those courts
55B Right to practise as barrister or solicitor in federal courts and courts exercising federal jurisdiction
55C Register of Practitioners
55E Attorney General’s lawyers
55F Attorney General’s lawyer may act for more than one party
55G Commonwealth may charge for services of Attorney General’s lawyer
55H Lawyers employed by a State, the Australian Capital Territory or the Northern Territory
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Part VIIIB—The Australian Government Solicitor
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Division 1—Definitions
55I Definitions
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Division 2—Identity and activity of the Australian Government Solicitor
55J The Australian Government Solicitor
55N Persons and bodies for whom the AGS may provide services
55P AGS may charge for services
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Division 3—Capacity of AGS and AGS lawyers to act
55Q AGS lawyers
55R AGS may act for more than one party
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Part VIIIC—Attorney General’s Legal Services Directions
55ZF Attorney General may issue directions
55ZG Compliance with Legal Services Directions
55ZH Legal Services Directions and legal professional privilege
55ZI Anything done under Legal Services Directions not actionable
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Part IX—Suits by and against the Commonwealth and the States
56 Suits against the Commonwealth
57 Suits by a State against the Commonwealth
58 Suits against a State in matters of federal jurisdiction
59 Suits between States
60 Injunction against a State and its officers
61 Suits by Commonwealth
62 Suits by a State
63 Service of process when Commonwealth or State is party
64 Rights of parties
65 No execution against Commonwealth or a State
66 Performance by Commonwealth or State
67 Execution by Commonwealth or State
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Part IXA—Suits relating to the Northern Territory
67A Interpretation
67B Suits between Commonwealth and Northern Territory
67C Jurisdiction of Supreme Court of Territory
67D Prosecution of indictable offences in Supreme Court of Territory
67E No execution against Territory
67F Effect of this Part
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Part X—Criminal jurisdiction
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Division 1A—Criminal jurisdiction of the Federal Court of Australia
67G Criminal jurisdiction of the Federal Court of Australia
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Division 1—Application of laws
68 Jurisdiction of State and Territory courts in criminal cases
68A Committals jurisdiction if both Federal Court of Australia and State or Territory court have jurisdiction in relation to indictable offence
68B Application of State and Territory laws if Federal Court of Australia and State or Territory court both have jurisdiction in relation to an offence
68C Adjustments to State and Territory laws applying to indictable primary proceedings before Federal Court of Australia
68D Adjustments to State and Territory laws applying to proceedings for related summary offences before Federal Court of Australia
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Division 2—Indictable offences
69 Indictments
70 Offences committed in several States
70A Indictable offence not committed in a State
71 Discharge of persons committed for trial
71A Trial of indictable offence without preliminary examination
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Division 3—Appeals
72 Reservation of points of law
73 Hearing
74 Effect of order of Full Court
75 Certain errors not to avoid conviction
76 Appeal from arrest of judgment
77 No other appeal
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Part XA—Procedure of the High Court
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Division 1—Trials
77A Trial without jury
77B Power of High Court to direct trial with jury
77C Trial of an issue and new trials
77D Juries
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Division 2—Evidence
77E Production of books
77F Oaths and affirmations
77G Orders and commissions for examination of witnesses
77H Oral and affidavit evidence
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Division 3—Defects and errors
77J Amendment
77K Formal defects not to invalidate
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Division 4—Reserved judgments
77L Reserved judgments
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Division 5—Judgment and execution
77M Enforcement of judgments
77MA Interest up to judgment
77N Interest on judgment debts
77P Interpleader
77Q Discharge of property taken in execution
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Division 6—Receivers and managers
77R Receivers and managers
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Part XAA—Suppression and non publication orders
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Division 1—Preliminary
77RA Definitions
77RB Powers of High Court not affected
77RC Other laws not affected
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Division 2—Suppression and non publication orders
77RD Safeguarding public interest in open justice
77RE Power to make orders
77RF Grounds for making an order
77RG Procedure for making an order
77RH Interim orders
77RI Duration of orders
77RJ Exception for court officials
77RK Contravention of order
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Part XAB—Vexatious proceedings
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Division 1—Preliminary
77RL Definitions
77RM Powers of the High Court not affected
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Division 2—Vexatious proceedings orders
77RN Making vexatious proceedings orders
77RO Notification of vexatious proceedings orders
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Division 3—Particular consequences of vexatious proceedings orders
77RP Proceedings in contravention of vexatious proceedings order
77RQ Application for leave to institute proceedings
77RR Dismissing application for leave
77RS Granting application for leave
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Part XB—Appeals to the High Court
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Division 1—Security
77S Security
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Division 2—Procedure
77T Institution of appeals
77U Stay of proceedings
77V Death of party to an appeal
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Part XI—Supplementary provisions
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Division 1—Appearance of Parties
78 Appearance of parties
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Division 1A—Provisions relating to Constitutional matters
78AA State includes Australian Capital Territory and Northern Territory
78A Intervention by Attorneys General
78B Notice to Attorneys General
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Division 2—Application of laws
79 State or Territory laws to govern where applicable
80 Common law to govern
80A Application of sections 79 and 80 to Territory courts
81 Security of the peace and for good behaviour
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Division 3—Venue
82 Venue in suits for penalties
83 Venue in suits for taxes
84 Venue in suits for forfeiture
85 Property seized as forfeited
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Division 4—Rules of Court
86 Rules of Court
88 Regulations
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The Schedule
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Miscellaneous
