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Australian Capital Territory Supreme Court Act 1933

  • - C2004C02022
  • In force - Superseded Version
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Act No. 34 of 1933 as amended, taking into account amendments up to Act No. 216 of 1973
Registered 24 Nov 2009
Start Date 31 Dec 1973
End Date 10 May 1989

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933
- Reprinted as at 19 December 1973 (HISTACT CHAP 1898 #DATE 19:12:1973)

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - TABLE OF
PROVISIONS

TABLE


AUSTRALIAN CAPITAL TERRITORY

SUPREME COURT ACT 1933-1973

TABLE OF PROVISIONS

PART I-PRELIMINARY
Section
1. Short title
2. (Repealed)
3. Commencement
4. (Repealed)
5. Definitions

PART II-CONSTITUTION AND JURISDICTION OF THE SUPREME COURT

6. Establishment of Supreme Court
7. Appointment and tenure of Judges and additional Judges
8. Exercise of jurisdiction
8AA. Exercise of jurisdiction in relation to legal practitioners
8AB. Power of Judge to order that jurisdiction in a matter be exercised
by not less than three Judges
8AC. Manner in which question to be decided where jurisdiction exercised
by three or more Judges
8A. Holding of other judicial offices
8B. Salaries, allowances and travelling expenses
9. Principal seat of court and sittings
10. Oath of allegiance and office by Judge
11. Jurisdiction of Supreme Court
12. Jurisdiction in Chambers
13. References to Full Court of High Court
14. Trial without jury
15. Costs
16. Service of writs out of the jurisdiction of the Court
17. Law and equity to be concurrently administered
18. Equities of plaintiff
19. Equities of defendant
20. Counter claims and third parties
21. Equities appearing incidentally
22. Defence or stay instead of injunction or prohibition
23. Common law and statutory rights and duties
24. Determination of matter completely and finally
25. Rules of equity to prevail
26. Mandamus, injunctions and receivers
27. Practice and procedure
28. Rules of Court

PART III (SECTIONS 29 TO 33) REPEALED

PART IV-OFFICERS

34. Registrar, Sheriff and other officers
35. Powers and duties of Registrar
35A. Proceedings before Registrar in relation to winding-up of companies
36. Sheriff
37. Powers of officers
37A. Deputy Sheriffs

PART V-GENERAL MATTERS OF PROCEDURE

38. Manner of giving evidence
39. Evidence by affidavit
40. Appearance by barrister or solicitor
41. Orders and commissions for examination of witnesses
42. Non-appearance or absence of some defendants
43. Amendment of defect in proceedings
44. Formal defects to be amended
45. Matter heard at one place may be further dealt with at another place
46. Change of venue
47. Seal
48. Use of Seals
49. Date of process
50. Oaths and affirmations

PART VI-APPEALS

51. Appeals from Supreme Court in civil cases
52. Appeal from Supreme Court in criminal cases

PART VII-MISCELLANEOUS

53. Indictable offences
54. Interest on judgments
55. Security of the peace and for good behaviour
56. Powers of Judge
57. Duty of receiver and manager
58. Liability and protection of receivers and managers
59. Action by or against Sheriff, &c.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 1.
Short title.

SECT

AUSTRALIAN CAPITAL TERRITORY

SUPREME COURT ACT 1933-1973
Title amended by No. 98, 1971, s. 3. An Act to establish a Supreme Court of the Australian Capital Territory, and for other purposes.

PART I-PRELIMINARY
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Australian Capital Territory Supreme Court Act 1933-1973.*
Section 2 repealed by No. 216, 1973, s. 3.
* * * * * * * *

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 3.
Commencement.

SECT

Amended by No. 216, 1973, s. 3.
3. This Act shall commence on the first day of January, One thousand nine hundred and thirty-four.
Section 4 repealed by No. 216, 1973, s. 3.
* * * * * * * *

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 5.
Definitions.

SECT

Amended by No. 27, 1935, s. 2; No. 57, 1945, s. 3; No. 34, 1957, s. 2; No. 43, 1958, s. 3; No. 109, 1964, s. 4; No. 156, 1968, s. 3; No. 13, 1971, s. 3; No. 98, 1971, s. 4; and No. 216, 1973, s. 3.
5. In this Act, unless the contrary intention appears-

''additional Judge'' means a Judge appointed under sub-section (2) of section seven of this Act;

''cause'' includes any suit, and also includes criminal proceedings;

''defendant'' includes any person against whom any relief is sought in a matter or who is required to attend the proceedings in a matter as a party thereto;

''Deputy Registrar'' means a Deputy Registrar of the Supreme Court;

''Deputy Sheriff'' means a Deputy Sheriff of the Territory;

''Judge'' or ''Judge of the Supreme Court'' means a Judge appointed under sub-section (1) of section seven of this Act or an additional Judge and, in the expressions ''the Supreme Court or the Judge'', ''the Court or the Judge'' and ''the Court or Judge'', means a Judge so appointed, or an additional Judge, sitting in Chambers;

''judgment'' includes any decree, order or sentence;

''matter'' includes any proceeding in the Supreme Court, whether between parties or not, and also any incidental proceeding in a cause or matter;

''Ordinance'' means an Ordinance made by the Governor-General in pursuance of the Seat of Government (Administration) Act 1910-1933;

''plaintiff'' includes any person seeking any relief against any other person by any form of proceeding in a Court;

''suit'' includes any action or original proceeding between parties of a civil nature;

''the Court'' means the Supreme Court;

''the Judicature Act'' means the Supreme Court of Judicature Act 1873 (36 & 37 Vic., Cap. 66) of the United Kingdom;

''the Registrar'' means the Registrar of the Supreme Court, and includes a Deputy Registrar of the Supreme Court;

''the senior Judge'' means the senior Judge appointed under subsection (1) of section seven of this Act who is available for the discharge of duties under this Act or, if there is no Judge appointed under that sub-section who is so available or there is no Judge holding office by virtue of an appointment under that sub-section, the senior additional Judge who is available for the discharge of duties under this Act;

''the Sheriff'' means the Sheriff of the Territory;

''the Supreme Court'' means the Supreme Court of the Australian Capital Territory;

''the Territory'' or ''the Australian Capital Territory'' means the Territory accepted by the Commonwealth in pursuance of the Seat of Government Acceptance Act 1909, and described in the Second Schedule to that Act, and includes the Jervis Bay Territory.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 6.
Establishment of Supreme Court.

SECT

PART II-CONSTITUTION AND JURISDICTION OF THE
SUPREME COURT
6. (1) There shall be a Supreme Court of the Territory which shall be known as the Supreme Court of the Australian Capital Territory.
Amended by No. 43, 1958, s. 4.

(2) The Court shall be a superior court of record.
Added by No. 43, 1958, s. 4; amended by No. 13, 1971, s. 4; and No. 98, 1971, s. 5.

(3) The Court shall consist of not more than three Judges appointed under sub-section (1) of the next succeeding section and the additional Judge or Judges appointed under sub-section (2) of that section.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 7.
Appointment and tenure of Judges and additional Judges.

SECT

Sub-section (1) substituted by No. 13, 1971, s. 5; amended by No. 216, 1973, s. 3.
7. (1) The Governor-General may appoint, by commission, a person who, or persons each of whom, is or has been-

(a) a Judge of another court created by the Parliament or of a court of a State; or

(b) a practising barrister, solicitor, barrister and solicitor, or legal practitioner of the High Court or of the Supreme Court of a State, the Australian Capital Territory or another Territory, of not less than five years' standing,
to be a Judge or Judges of the Supreme Court.
Inserted by No. 13, 1971, s. 5.

(1A) The Judges appointed under the last preceding sub-section have seniority as Judges of the Supreme Court according to the dates of their commissions.

(2) The Governor-General may appoint, by commission, a person who, or persons each of whom, is a Judge of another court created by the Parliament to be an additional Judge or additional Judges of the Supreme Court.

(3) The Judges appointed under the last preceding sub-section have seniority as additional Judges of the Supreme Court according to the dates of their commissions.
Added by No. 98, 1971, s. 6.

(4) A Judge appointed under sub-section (1) of this section ceases to hold office upon his attaining the age of seventy years.
Added by No. 98, 1971, s. 6.

(5) An additional Judge ceases to hold office if he no longer holds office as a Judge (other than an additional Judge) of another court created by the Parliament.
Added by No. 98, 1971, s. 6.

(6) A Judge may be removed from office by the Governor-General, on an address from both Houses of the Parliament in the same session praying for his removal on the ground of proved misbehaviour or incapacity, but shall not otherwise be removed from office.
Added by No. 98, 1971, s. 6.

(7) A judge may, by writing under his hand delivered to the Governor-General, resign his office.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 8.
Exercise of jurisdiction.

SECT

Substituted by No. 98, 1971, s. 7.
8. (1) Subject to this section and the next two succeeding sections, the jurisdiction of the Supreme Court is exercisable by one Judge, sitting in Court, or, as provided by this Act, sitting in Chambers.

(2) The senior Judge may, from time to time, make arrangements as to which Judge is to exercise the jurisdiction of the Court that is exercisable in accordance with the last preceding sub-section.

(3) Provision may be made by Rules of Court for the jurisdiction of the Court that is exercisable in accordance with sub-section (1) of this section to be exercisable by the Registrar in such cases, and subject to such conditions, as are specified in the Rules of Court and, for the purposes of the exercise of jurisdiction by the Registrar in such a case, this Act has effect, subject to this section, as if the Court consisted of the Judges and the Registrar.

(4) A person dissatisfied with an order made by the Registrar in the exercise of jurisdiction conferred upon him by Rules of Court in accordance with the last preceding sub-section may appeal, as prescribed by Rules of Court, to the Court constituted by one Judge.

(5) On an appeal under the last succeeding sub-section, the Court may affirm, vary or set aside the order of the Registrar and may make such order as in all the circumstances it thinks just.

(6) In this section, ''the Registrar'' does not include a Deputy Registrar of the Supreme Court.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 8AA.
Exercise of jurisdiction in relation to legal practioners.

SECT

Inserted by No. 156, 1968, s. 6.
Sub-section (1) amended by No. 98, 1971, s. 8.
8AA. (1) The jurisdiction of the Supreme Court in the following matters shall be exercised by not less than three Judges sitting together in Court:-

(a) an application under any Ordinance relating to legal practitioners for admission of a person to practise as a barrister and solicitor, or as a barrister or as a solicitor, of the Court;

(b) any matter relating to the issue of, or the cancellation of, a practising certificate under any such Ordinance; and

(c) any matter relating to the professional behaviour or conduct of a legal practitioner.
Substituted by No. 98, 1971, s. 8.

(2) The senior Judge may, from time to time, make arrangements as to which Judges are to exercise the jurisdiction of the Court that is exercisable in accordance with the last preceding sub-section.
Sub-sections (3), (4) and (5) omitted by No. 98, 1971, s. 8.
* * * * * * * *

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 8AB.
Power of Judge to order that jurisdiction in a matter be exercised by not less
than three Judges.

SECT

Inserted by No. 98, 1971, s. 9.
8AB. (1) This section applies in relation to matters in which, but for this section, the jurisdiction of the Court would be exercisable by one Judge.

(2) At any time before the commencement of the hearing of a matter in relation to which this section applies, a Judge may order that the jurisdiction of the Supreme Court in that matter shall be exercised by not less than three Judges.

(3) At any time after the commencement of the hearing of a matter in relation to which this section applies, the Judge hearing the matter may order that the jurisdiction of the Supreme Court in that matter shall be exercised by not less than three Judges.

(4) Where an order has been made under either of the last two preceding sub-sections in relation to a matter-

(a) the jurisdiction of the Court in that matter shall, subject to the Rules of Court, be exercised by not less than three Judges sitting together in Court;

(b) the senior Judge shall make arrangements as to which Judges are to exercise the jurisdiction of the Court in that matter; and

(c) the Court may give such directions as it thinks proper as to the procedure to be followed in the further conduct of the proceedings, including, in a case where evidence was received before the making of the order, directions as to the use (if any) to be made of that evidence.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 8AC.
Manner in which question to be decided where jurisdiction exercised by three
or more Judges.

SECT

Inserted by No. 98, 1971, s. 9.
8AC. If three or more Judges sitting together in accordance with either of the last two preceding sections are divided in opinion as to the decision to be given on any question, the question shall be decided according to the opinion of the majority, if there is a majority, but if the Judges are equally divided in opinion-

(a) where a Judge appointed under sub-section (1) of section seven of this Act is, or Judges appointed under that sub-section are, so sitting, the opinion of that Judge or of the senior of them, as the case may be, shall prevail; or

(b) where no such Judge is so sitting, the opinion of the senior additional Judge present shall prevail.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 8A.
Holding of other judicial offices.

SECT

Substituted by No. 109, 1964, s. 5; amended by No. 216, 1973, s. 3.
8A. A person may be a Judge of the Supreme Court notwithstanding that he is also a Judge of another court created by the Parliament, or is also the holder of a judicial office in a Territory other than the Australian Capital Territory, by virtue of an appointment made either before or after his appointment as a Judge of the Supreme Court.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 8B.
Salaries, allowances and travelling expenses.

SECT

Sub-section (1) amended by No. 17, 1955, s. 3; No. 43, 1958, s. 6; No. 110, 1960, s. 3; No. 92, 1965, s. 3; No. 93, 1966, s. 3; No. 40, 1969, s. 3; and No. 13, 1971, s. 8.
8B. (1)* A Judge appointed under sub-section (1) of section seven of this Act shall receive a salary at the rate of Twenty-two thousand dollars a year and an annual allowance of One thousand dollars.
Inserted by No. 43, 1958, s. 6; amended by No. 40, 1969, s. 3.

(1A) An additional Judge shall be remunerated with the salary and annual allowance that he receives as a Judge of the other court of which he is a Judge.
Inserted by No. 57, 1945, s. 5; amended by No. 52, 1947, s. 4; No. 51, 1950, s. 3; and No. 43, 1958, s. 6.

(2) A Judge of the Supreme Court shall be paid on account of his expenses in travelling to discharge the duties of his office such sums as are considered reasonable by the Governor-General.
Sub-sections (3)-(6) omitted by No. 65, 1948, s. 5.
* * * * * * * *
Amended by No. 65, 1948, s. 5; No. 43, 1958, s. 6; No. 40, 1969, s. 3; and No. 13, 1971, s. 8.

(7) The salary and annual allowance of a Judge appointed under sub-section (1) of section seven of this Act shall be charged on and paid out of the Consolidated Revenue Fund, which is to the necessary extent hereby appropriated accordingly.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 9.
Principal seat of court and sittings.

SECT

9. (1) The Supreme Court may sit at Canberra, and at such other places in the Commonwealth as are from time to time specified by the Governor-General by notice in the Gazette.

(2) The times of the sittings of the Supreme Court shall be such as are from time to time specified by Rules of Court.

(3) The offices of the Supreme Court shall be at Canberra.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 10.
Oath of allegiance and office by Judge.

SECT

Amended by No. 43, 1958, s. 7.
10. Each Judge shall, before proceeding to discharge the duties of the office of Judge, take before the Governor-General, or some person appointed by the Governor-General in that behalf, an oath or affirmation of allegiance in accordance with the form in the Schedule to the Constitution of the Commonwealth, and also an oath or affirmation in accordance with the following form:-

''I, A.B., do swear that I will well and truly serve our Sovereign Lord the King in the office of Judge of the Supreme Court of the Australian Capital Territory, and I will do right to all manner of people according to law, without fear or favour, affection or ill-will, So help me, God''; or

''I, A.B., do solemnly and sincerely promise and declare that I will well and truly serve our Sovereign Lord the King in the office of Judge of the Supreme Court of the Australian Capital Territory, and I will do right to all manner of people according to law, without fear or favour, affection or ill-will.''.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 11.
Jurisdiction of Supreme Court.

SECT

Substituted by No. 34, 1957, s. 4.
11.* The Supreme Court-

(a) has, subject to this or any other Act or to any Ordinance, in relation to the Territory, the same original jurisdiction, both civil and criminal, as the Supreme Court of the State of New South Wales had in relation to that State immediately before the first day of January, One thousand nine hundred and eleven;

(b) has such jurisdiction, both civil and criminal, and whether original or otherwise, as is from time to time vested in the Supreme Court by Act or by Ordinance;* and

(c) has jurisdiction, with such exceptions and subject to such conditions as are provided by Act or by Ordinance, to hear and determine appeals from all judgments, convictions, orders and sentences of inferior courts having jurisdiction in the Territory.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 12.
Jurisdiction in Chambers.

SECT

Sub-section (1) amended by No. 34, 1957, s. 5; and No. 156, 1968, s. 7.
12. (1) The jurisdiction of the Supreme Court that is exercisable by one Judge may be exercised by the Judge sitting in Chambers, in the following cases:-

(a) Applications relating to the conduct of a cause or matter;

(b) Applications relating to the custody, management or preservation of property, or to the sale of property and the disposition of the purchase money;

(c) Applications which, by the terms of any law of the State of New South Wales continued in force in the Territory, may be made to a Judge of the Supreme Court of New South Wales sitting in Chambers; and

(d) Applications for directions and other applications which, by or under this, or any other Act, by or under an Ordinance or by Rules of Court, are authorized to be made to the Judge sitting in Chambers;
but the Judge may order the application to be adjourned into Court and heard in open Court.

(2) The jurisdiction of the Supreme Court exercisable by the Judge sitting in Chambers may be so exercised at Canberra or at any other place in the Commonwealth.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 13.
References to Full Court of High Court.

SECT

Amended by No. 156, 1968, s. 8; and No. 98, 1971, s. 10.
13. The Judge, whether in Court or in Chambers, or Judges of the Court sitting together in accordance with section eight AA or section eight AB of this Act, may state any case or reserve any question for the consideration of a Full Court of the High Court, or may direct any case or question to be argued before a Full Court of the High Court, and a Full Court of the High Court shall thereupon have power to hear and determine the case or question.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 14.
Trial without jury.

SECT

14. (1) In every suit in the Supreme Court, unless the Court or the Judge otherwise orders, the trial shall be by the Court without a jury.

(2) The Supreme Court or the Judge may, if it appears just, order specially that any action or any issue of fact in any suit shall be tried before the Court with a jury.

(3) The Supreme Court shall exercise the same jurisdiction as the Supreme Court of New South Wales sitting in Banco has, at the commencement of this Act, to set aside a verdict or finding of a jury, to enter judgment notwithstanding any such verdict or finding and to order a new trial after a trial with a jury.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 15.
Costs.

SECT

15. (1) The Supreme Court, and the Judge sitting in Chambers, shall have jurisdiction to award costs in all matters brought before the Court, including matters dismissed for want of jurisdiction.
Amended by No. 34, 1957, s. 6.

(2) Subject to Rules of Court, to any Ordinance and to the express provisions of any other Act, the costs of and incidental to all proceedings in the Supreme Court, including the administration of estates and trusts, shall be in the discretion of the Court or Judge, and the Court or Judge shall have full power to determine by whom and to what extent the costs are to be paid.

(3) Nothing in this section shall alter the practice which would otherwise be followed in any criminal cause or matter or in proceedings on the Crown side of the Court.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 16.
Service of writs out of the jurisdiction of the Court.

SECT

Amended by No. 80, 1950, s. 3.
16. Writs of summons issued out of the Supreme Court and notices of such writs may be served out of the jurisdiction of the Court in the manner and to the extent provided by the Rules of Court.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 17.
Law and equity to be concurrently administered.

SECT

17. Subject to the express provisions of any other Act, in every civil cause or matter commenced in the Supreme Court law and equity shall be administered according to the provisions of sections eighteen to twenty-four (inclusive) of this Act.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 18.
Equities of plaintiff.

SECT

18. If a plaintiff or petitioner claims to be entitled to any equitable estate or right, or to relief on any equitable ground against any deed, instrument or contract, or against any right, title or claim whatsoever asserted by any defendant or respondent in the cause or matter, or to any relief founded upon a legal right, which could in England immediately before the commencement of the Judicature Act only have been given by a Court of Equity, the Supreme Court or the Judge shall give to the plaintiff or petitioner the same relief as ought then to have been given by the English Court of Chancery in a suit or proceeding for the like purpose properly instituted.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 19.
Equities of defendant.

SECT

19. If a defendant claims to be entitled to any equitable estate or right, or to relief on any equitable ground against any deed, instrument or contract, or against any right, title or claim asserted by any plaintiff or petitioner in the cause or matter, or alleges any ground of equitable defence to any such claim of the plaintiff or petitioner, the Supreme Court or the Judge shall give to every equitable estate, right or ground of relief so claimed, and to every equitable defence so alleged, the same effect by way of defence against the claim of the plaintiff or petitioner, as the English Court of Chancery ought, immediately before the commencement of the Judicature Act, to have given if the like matters had been relied on by way of defence in any suit or proceeding instituted in that Court for the like purpose.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 20.
Counter claims and third parties.

SECT

Sub-section (1) amended by No. 34, 1957, s. 7.
20. (1) The Supreme Court or the Judge shall have power to grant to any defendant in respect of any equitable estate or right or other matter of equity, and also in respect of any legal estate, right or title claimed or asserted by him-

(a) all such relief against any plaintiff or petitioner as the defendant has properly claimed by his pleading, and as the Court or Judge might have granted in any suit instituted for that purpose by that defendant against the same plaintiff or petitioner; and

(b) all such relief relating to or connected with the original subject of the cause or matter, claimed in like manner against any other person, whether already a party to the cause or matter or not, who has been duly served with notice in writing of the claim pursuant to Rules of Court, any Ordinance or any order of the Court, as might properly have been granted against that person if he had been made a defendant to a cause duly instituted by the same defendant for the like purpose.

(2) Every person served with any such notice shall thenceforth be deemed a party to the cause or matter with the same rights in respect of his defence against the claim as if he had been duly sued in the ordinary way by the defendant.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 21.
Equities appearing incidentally.

SECT

21. The Supreme Court or the Judge shall take notice of all equitable estates, titles and rights, and all equitable duties and liabilities appearing incidentally in the course of any cause or matter, in the same manner in which the English Court of Chancery would, immediately before the commencement of the Judicature Act, have taken notice of those matters in any suit or proceeding properly instituted therein.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 22.
Defence or stay instead of injunction or prohibition.

SECT

22. No cause or proceeding at any time pending in the Supreme Court shall be restrained by prohibition or injunction, but every matter of equity on which an injunction against the prosecution of any such cause or proceeding, if such cause or proceeding had been a suit or proceeding properly instituted in the English Court of Chancery for the like purpose, might, immediately before the commencement of the Judicature Act, have been obtained, whether unconditionally or on any terms or conditions, may be relied on by way of defence thereto;

Provided that-

(a) nothing in this Act shall disable the Court, if it thinks fit so to do, from directing a stay of proceedings in any cause or matter pending before it; and

(b) any person, whether a party or not to any such cause or matter, who, if the cause or matter had been a suit or proceeding properly instituted in the English Court of Chancery for the like purpose would, immediately before the commencement of the Judicature Act, have been entitled to apply to any court to restrain the prosecution thereof, or who may be entitled to enforce, by attachment or otherwise, any judgment, decree, rule or order, in contravention of which all or any part of the proceedings in the cause or matter have been taken, may apply to the Court by motion in a summary way, for a stay of proceedings in the cause or matter, either generally, or so far as may be necessary for the purposes of justice, and the Court shall thereupon make such order as is just.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 23.
Common law and statutory rights and duties.

SECT

Amended by No. 216, 1973, s. 3.
23. Subject to the provisions of this Act for giving effect to equitable rights and other matters of equity, the Supreme Court or the Judge shall give effect to all legal claims and demands, and all estates, titles, rights, duties, obligations and liabilities existing under the law in force in the Territory, including common law and custom.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 24.
Determination of matter completely and finally.

SECT

24. The Supreme Court, in the exercise of the jurisdiction vested in it by this Act, shall, in every cause or matter pending before the Court, grant, either absolutely or on such terms and conditions as the Court thinks just, all such remedies whatsoever as any of the parties thereto may appear to be entitled to in respect of any legal or equitable claim properly brought forward by them in the cause or matter, so that, as far as possible, all matters in controversy between the parties may be completely and finally determined, and all multiplicity of legal proceedings concerning any of those matters avoided.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 25.
Rules of equity to prevail.

SECT

25. In questions relating to the custody and education of infants and generally in all matters not particularly mentioned in this Act, in which there was formerly or is any conflict or variance between the rules of equity and the rules of the common law with reference to the same matter, the rules of equity shall prevail.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 26.
Mandamus, injunctions and receivers.

SECT

26. (1) The Supreme Court may grant a mandamus or an injunction or appoint a receiver by any interlocutory order in all cases in which it appears to the Court to be just or convenient so to do.

(2) Any such order may be made either unconditionally or on such terms and conditions as the Court thinks just.

(3) If, whether before, or at, or after the hearing of any cause or matter, an application is made for an injunction to prevent any threatened or apprehended waste or trespass, the injunction may be granted, if the Court thinks fit, whether the person against whom the injunction is sought is or is not in possession under any claim of title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under any colour of title, and whether the estates claimed by both or by either of the parties are legal or equitable.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 27.
Practice and procedure.

SECT

Substituted by No. 34, 1957, s. 8.
27. Where no provision in relation to a matter of practice and procedure of the Supreme Court is contained in this or any other Act, an Ordinance or Rules of Court, that matter shall be governed, as nearly as may be, by the practice and procedure of the High Court in similar matters and, if that practice and procedure is not applicable, that matter shall be governed, as nearly as may be, by the practice and procedure of the Supreme Court of New South Wales.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 28.
Rules of Court.

SECT

Sub-section (1) substituted by No. 156, 1968, s. 9; amended by No. 98, 1971, s. 11.
28.* (1) The Judges appointed under sub-section (1) of section seven of this Act or any two of those Judges may make Rules of Court, not inconsistent with this or any other Act or with any Ordinance-

(a) for regulating and prescribing-

(i) the practice and procedure, including the method of pleading, to be followed in the Supreme Court and in the offices of the Court; and

(ii) all matters and things incidental to or relating to any such practice and procedure or necessary or convenient to be prescribed for the conduct of any business of the Court;

(b) for prescribing any matter or thing that is, by any law of the Territory that makes provision for the incorporation of, and otherwise in relation to, companies, required or permitted to be prescribed by regulation under that law;

(c) for prescribing the qualifications for the admission of persons to practise as barristers and solicitors of the Supreme Court; and

(d) for prescribing any matter or thing that is, by this Act, required or permitted to be prescribed by Rules of Court.
Amended by No. 80, 1950, s. 3; No. 98, 1971, s. 11; and No. 216, 1973, s. 3.

(2) In particular the Rules of Court may provide-

(a) for the places of sitting of the Court;

(b) for the service and execution of the process of the Court including the manner in which and the extent to which the process of the Court may be served and executed out of the jurisdiction of the Court;

(c) for the execution of the judgments of the Court;

(d) for the service and execution in the Territory, in accordance with any treaty or convention to which the Commonwealth is a party, of the process of any Court of a State or of a Territory or of any foreign Court;

(e) for the issue by the Supreme Court of letters of request for the service in any foreign country of any process of the Supreme Court;

(f) for regulating any matters relating to the costs of proceedings in the Court; and

(g) for regulating the means by which particular facts may be proved and the mode in which evidence thereof may be given in any proceedings, or on any application in connexion with, or at any stage of, any proceedings.
Substituted by No. 156, 1968, s. 9.

(3) All Rules of Court made under this section shall-

(a) be notified in the Gazette;

(b) take effect from the date of notification or from a later date fixed by or in accordance with the Rules; and

(c) be laid before each House of the Parliament within fifteen sitting days of that House after the making of the Rules.
Substituted by No. 156, 1968, s. 9.

(4) If either House of the Parliament, in pursuance of a motion of which notice has been given within fifteen sitting days after any Rules of Court have been laid before that House, passes a resolution disallowing any rule, the rule so disallowed thereupon ceases to have effect.
Inserted by No. 98, 1971, s. 11.

(4A) Where-

(a) a rule is disallowed under this section; and

(b) the rule amended or revoked a rule that was in force immediately before the first-mentioned rule came into operation,
the disallowance revives the previous rule on and after the date of the disallowance.
Added by No. 156, 1968, s. 9.

(5) Nothing in this section shall be construed as derogating from the power to make regulations conferred by any law of the Territory that makes provision for the incorporation of, and otherwise in relation to, companies, but where regulations made in pursuance of such a law are inconsistent with Rules of Court made under this Act, the Rules of Court shall prevail, and the regulations shall, to the extent of the inconsistency, be of no effect.
Part III (ss. 29-33) repealed by No. 51, 1959, s. 4.
* * * * * * * *

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 34.
Registrar, Sheriff and other officers.

SECT

PART IV-OFFICERS
Substituted by No. 109, 1964, s. 6.
34.* (1) There shall be-

(a) A Registrar of the Supreme Court, and such Deputy Registrars and other officers of the Supreme Court as are necessary; and

(b) a Sheriff of the Territory and such Deputy Sheriffs of the Territory as are necessary.

(2) The Registrar, the Deputy Registrars and other officers of the Supreme Court, and the Sheriff and the Deputy Sheriffs, shall be appointed by the Attorney-General.
Amended by No. 98, 1971, s. 12.

(3) Subject to this Act and to the directions of the Registrar, a Deputy Registrar has, and may exercise and perform, all the powers and functions of the Registrar under this or any other Act, an Ordinance or Rules of Court.

(4) The appointment of a person to be a Deputy Registrar does not affect the exercise or performance of a power or function by the Registrar.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 35.
Powers and duties of Registrar.

SECT

Substituted by No. 34, 1957, s. 11. Sub-section (1) amended by No. 156, 1968, s. 10.
35. (1) The Registrar has power to administer oaths, and shall perform such duties in respect of proceedings pending in the Supreme Court as are assigned to him by Act, by Ordinance, by Rules of Court or by a special order of the Court and such other duties as are assigned to him by Rules of Court.

(2) Where, under a law of the State of New South Wales which is continued in force in the Territory as a law of the Territory, a power is exercisable, or a duty is to be performed, or a thing is to be done, by the Master in Equity, the Prothonotary or a Registrar, it may be exercised, performed or done by the Registrar.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 35A.
Proceedings before Registrar in relation to winding-up of companies.

SECT

Inserted by No. 156, 1968, s. 11.
35A. (1) The Supreme Court, in making an order for the winding-up of a company, may direct that all proceedings for and in relation to the winding-up shall be had and taken before the Registrar.

(2) Where the Court gives a direction under the last preceding sub-section in relation to the winding-up of a company-

(a) the Registrar has, in relation to the winding-up, all the powers of the Court;

(b) the Registrar may refer to the Court any matter in relation to the winding-up that he thinks proper to be determined by the Court; and

(c) an appeal lies to the Court from any order, decree or direction of the Registrar made or given in relation to the winding-up.

(3) In this section, ''the Registrar'' does not include a Deputy Registrar.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 36.
Sheriff.

SECT

36. The Sheriff shall be charged with the service and execution of all writs, summonses, orders, warrants, precepts, process, and commands of the Supreme Court which are directed to him, and shall make such return thereof to the Court, together with the manner of the execution thereof, as he is thereby required, and shall take receive and detain all persons who are committed to his custody by the Court, and shall discharge all such persons when thereunto directed by the Court or by law.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 37.
Powers of officers.

SECT

37. All powers and functions exercisable by, and all rights, privileges, immunities, duties and liabilities belonging to, the Sheriff of New South Wales in the State of New South Wales under any law of that State which is continued in force in the Territory as a law of the Territory, shall, in the Territory, be exercisable by and belong to the Sheriff of the Territory.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 37A.
Deputy Sheriffs.

SECT

Inserted by No. 109, 1964, s. 7.
37A. (1) Subject to the directions of the Sheriff, a Deputy Sheriff has, and may exercise and perform, all the powers and functions of the Sheriff under this or any other Act, an Ordinance or Rules of Court, and, in exercising or performing those powers and functions, has the same rights, privileges, immunities, duties and liabilities as the Sheriff.

(2) The appointment of a person to be a Deputy Sheriff does not affect the exercise or performance of a power or function by the Sheriff.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 38.
Manner of giving evidence.

SECT

PART V-GENERAL MATTERS OF PROCEDURE
Substituted by No. 98, 1971, s. 13.
38. Except as otherwise provided by this Act or by an Ordinance, or unless in any suit the parties agree to the contrary, evidence in any matter shall be given orally in open court.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 39.
Evidence by affidavit.

SECT

Substituted by No. 98, 1971, s. 13.
39. (1) On the hearing of any matter, evidence may be given by affidavit of the service of any document incidental to the proceedings in the matter or of the signature of a party to the matter, or of his solicitor, to such a document.

(2) On or before the hearing of a civil matter, the Court or a Judge may, for sufficient reason, order that all or a part of the evidence in the matter, being evidence that but for the order would be required to be given orally in open court, may be given by affidavit.

(3) An order under the last preceding sub-section may be made subject to such conditions as the Court or Judge thinks just.

(4) The conditions referred to in the last preceding sub-section may include a condition that copies of an affidavit by which any evidence is given be served on a party or parties to the matter and a condition that a person whose evidence is given by affidavit attend at the hearing for cross examination.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 40.
Appearance by barrister or solicitor.

SECT

Substituted by No. 8, 1966, s. 2.
40. A party in a cause or matter may appear before the Supreme Court either personally or by a barrister or solicitor having the right to practise in the Court.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 41.
Orders and commissions for examination of witnesses.

SECT

41. The Supreme Court or the Judge may, in any suit or civil matter pending in the Court, and at any stage of the proceedings-

(a) order the examination of any person upon oath, orally or on interrogatories, before the Court or Judge or before any officer of the Court or other person; and at any place within the Commonwealth;

(b) order a commission or letters of request to be issued to take evidence;

(c) by the same or any subsequent order, give any necessary directions touching the time, place and manner of any such examinations; and

(d) empower any party to the suit or civil matter to give in evidence in the suit or matter the testimony so taken on such terms (if any) as the Court or Judge directs.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 42.
Non-appearance or absence of some defendants.

SECT

42. (1) When there are several defendants in any cause pending in the Supreme Court, if any defendant is not served with process and does not voluntarily appear, the Court may nevertheless entertain the cause and proceed to hear and determine it between the parties who are properly before the Court; but the judgment given in the cause shall not conclude or prejudice other parties who are not regularly served with process and do not voluntarily submit to the jurisdiction of the Court.

(2) When, in any suit of which the Supreme Court has jurisdiction, any defendant is not a resident of, or found within, the Commonwealth, and does not voluntarily appear in the suit, the Court may nevertheless proceed to exercise its jurisdiction after such notice to the defendant and upon such terms as are prescribed by Rules of Court.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 43.
Amendment of defect in proceedings.

SECT

43. The Supreme Court or the Judge may at any time, and on such terms as it or he thinks just, amend any defect or error in any proceedings in the Court; and all necessary amendments shall be made for the purpose of determining the real questions in controversy or otherwise depending on the proceedings.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 44.
Formal defects to be amended.

SECT

44. (1) No proceedings in the Supreme Court shall be invalidated by any formal defect or by any irregularity, unless the Court is of opinion that substantial injustice has been caused thereby and that the injustice cannot be remedied by an order of the Court.

(2) The Court or the Judge may make an order declaring that any proceeding is valid notwithstanding any such defect or irregularity.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 45.
Matter heard at one place may be further dealt with at another place.

SECT

45. When any cause or matter has been heard at a sitting of the Supreme Court held at any place the Court may pronounce judgment or give further hearing or consideration to the cause or matter at a sitting of the Court held at another place, being a place at which the Court is empowered to sit.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 46.
Change of venue.

SECT

46. The Supreme Court or the Judge may, at any stage of any suit pending in the Court, direct that the trial shall be had or continued at some particular place, being a place at which the Court is empowered to sit, to be specified in the order, subject to such conditions (if any) as the Court or Judge imposes.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 47.
Seal.

SECT

Amended by No. 98, 1971, s. 14.
47. The Supreme Court shall have and use as occasion requires a Seal, having inscribed thereon the words ''The Seal of the Supreme Court of the Australian Capital Territory''. The Seal shall be kept in such custody as the senior Judge directs.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 48.
Use of Seals.

SECT

48. All writs, commissions and process issued from the Supreme Court shall be in the name of the King, and shall be under the Seal of the Court or such other seal as is prescribed by Rules of Court, and shall be signed by the Registrar or other proper officer.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 49.
Date of process.

SECT

49. All writs and process issued from the Supreme Court shall be dated as of the day on which they are issued.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 50.
Oaths and affirmations.

SECT

Sub-section (1) amended by No. 34, 1957, s. 13.
50. (1) Subject to any Ordinance or to Rules of Court, the forms of oath used in proceedings in the Supreme Court shall be the same, as nearly as may be, as those which are used in the Supreme Court of the State of New South Wales.
Substituted by No. 34, 1957, s. 13.

(2) Subject to any Ordinance or to Rules of Court, a person who, by or under a law of the State of New South Wales, is entitled to make an affirmation instead of taking an oath may do so in a cause or matter in the Supreme Court.
Substituted by No. 34, 1957, s. 13.

(3) The form of affirmation shall, subject to any Ordinance or to Rules of Court, be in accordance with the law of that State.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 51.
Appeals from Supreme Court in civil cases.

SECT

PART VI-APPEALS
Sub-section (1) amended by No. 36, 1955, s. 2; No. 34, 1957, s. 14; and No. 93, 1966, s. 3.
51. (1) The High Court shall have jurisdiction to hear and determine appeals from every judgment (whether final or interlocutory) of the Supreme Court in a civil matter, which-

(a) is given or pronounced for, or in respect of, any sum or matter at issue amounting to or of the value of Three thousand dollars;

(b) involves directly or indirectly any claim, demand or question to or respecting any property or any civil right amounting to or of the value of Three thousand dollars;

(c) affects the status of any person under the laws relating to aliens, marriage, divorce, bankruptcy or insolvency; or

(d) is one with respect to which the High Court thinks fit to give special leave to appeal.
Inserted by No. 156, 1968, s. 12.

(1A) The High Court shall also have jurisdiction to hear and determine appeals from any judgment of the Supreme Court in a matter specified in sub-section (1) of section eight AA of this Act.

(2) An appeal may not be brought from an interlocutory judgment or order except by leave of the Supreme Court or the Judge or of the High Court, but, except as provided in the next succeeding sub-section, it shall not be necessary to obtain the leave of the Supreme Court or the Judge to appeal to the High Court.

(3) An appeal shall not lie to the High Court from a decision of the Supreme Court or the Judge with respect to costs which are in its or his discretion, except by leave of the Court or Judge or of the High Court.

(4) No appeal shall lie from a judgment given by consent.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 52.
Appeal from Supreme Court in criminal cases.

SECT

Substituted by No. 109, 1964, s. 8.
52. (1) A person convicted on indictment before the Supreme Court may appeal to the Full Court of the High Court-

(a) against his conviction-

(i) on any ground of appeal that involves a question of law alone;

(ii) with the leave of the Supreme Court or the Judge, on any ground of appeal that involves a question of fact alone or a question of mixed law and fact; or

(iii) with the leave of the Full Court of the High Court, on any ground of appeal mentioned in the last preceding sub-paragraph or on any other ground that appears to the Full Court of the High Court to be a sufficient ground of appeal; and

(b) with the leave of the Full Court of the High Court, against the sentence passed on his conviction, unless the sentence is one fixed by law,
and the Full Court of the High Court has jurisdiction to hear and determine the appeal.

(2) For the purposes of the last preceding sub-section, a person who, although he has not been convicted on indictment before the Supreme Court, has been sentenced or otherwise dealt with by the Supreme Court in respect of an indictable offence shall be deemed to be a person convicted on indictment before that Court.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 53.
Indictable offences.

SECT

PART VII-MISCELLANEOUS
Substituted by No. 34, 1957, s. 15.
53. (1) Subject to the next succeeding sub-section, an indictable offence triable before the Supreme Court shall be prosecuted by information in the name of the Attorney-General or of such other person as the Governor-General appoints in that behalf.

(2) The Attorney-General may file an information under the last preceding sub-section without examination or commitment for trial of the accused person.

(3) Upon an information being filed without examination or commitment for trial, the Supreme Court or the Judge may-

(a) cause a summons to be issued to the accused person to appear at the time and place specified in the summons and there to answer the charge specified in the information; or

(b) issue a warrant for the arrest of the accused person and hold him in custody or admit him to bail.

(4) Where a person has been committed for trial upon a charge for an indictable offence triable before the Supreme Court, the information against the person may include, either in substitution for, or in addition to, a count charging the offence for which he was committed, a count founded on a fact or evidence disclosed in the course of the committal proceedings.

(5) The last preceding sub-section does not authorize the inclusion of more than one count in the same information unless those counts are such as may lawfully be joined in the one information.

(6) Where a person is under commitment upon a charge of an indictable offence triable before the Supreme Court, the Attorney-General, or such other person as the Governor-General appoints in that behalf, may decline to proceed further in the prosecution and, if the accused person is in custody, may, by warrant under his hand, direct the discharge of the accused person from custody, and the accused person shall be discharged accordingly.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 54.
Interest on judgments.

SECT

Amended by No. 93, 1966, s. 3.
54. Every judgment debt shall carry interest at the rate of five per centum per annum from the date as of which the judgment is entered.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 55.
Security of the peace and for good behaviour.

SECT

Amended by No. 98, 1971, s. 15; and No. 216, 1973, s. 3.
55. A Judge, or, if three or more Judges are sitting together for the purpose of exercising jurisdiction of the Court that is exercisable by not less than three Judges, those Judges, shall have the like authority to hold to security of the peace and for good behaviour in matters arising under the laws of the Territory as may be lawfully exercised by a Judge of the Supreme Court of New South Wales in cases cognizable before him.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 56.
Powers of Judge.

SECT

56. Where, by any law of the State of New South Wales which is continued in force in the Territory as a law of the Territory, any power or function is vested in the Supreme Court of New South Wales, or in a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or the Judge, as the case may be.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 57.
Duty of receiver and manager.

SECT

57. When, in any cause pending in the Supreme Court, a receiver or manager appointed by the Court is in possession of any property, the receiver or manager shall manage and deal with the property according to the requirements of the laws of the State or part of the Commonwealth in which the property is situated, in the same manner in which the owner or possessor thereof would be bound to do if in possession thereof.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 58.
Liability and protection of receivers and managers.

SECT

58. A receiver or manager of any property appointed by the Supreme Court may, without the previous leave of the Court, be sued in respect of any act or transaction of his in carrying on the business connected with the property.

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - SECT. 59.
Action by or against Sheriff, &c.

SECT

Amended by No. 109, 1964, s. 9.
59. When the Sheriff or a Deputy Sheriff is a party to a cause in the Supreme Court, all writs, summonses, orders, warrants, precepts, process and commands in the cause which should in the ordinary course be directed to him shall be directed to such disinterested person as the Court or the Judge appoints; and the person so appointed may execute and return them.
Section 60 repealed by No. 216, 1973, s. 3.
* * * * * * * *

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - THE SCHEDULES

SCH


THE SCHEDULES
First Schedule repealed by No. 80, 1950, s. 3; Second Schedule repealed by No. 51, 1959, s. 5.
* * * * * * * *
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AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933-1973 - NOTES


NOTES
1. The Australian Capital Territory Supreme Court Act 1933-1973 comprises the Seat of Government Supreme Court Act 1933 as amended by the other Acts specified in the following table:
----------------------------------------------------------------------------

Number Date of
Act and year Date of
Assent commencement
----------------------------------------------------------------------------

Seat of Government Supreme
Court Act 1933 No. 34, 1933 9 Dec 1933 1 Jan 1934
Seat of Government Supreme
Court Act 1935 No. 27, 1935 13 Apr 1935 13 Apr 1935
Seat of Government Supreme
Court Act 1945 No. 57, 1945 19 Oct 1945 19 Oct 1945
Salaries (Statutory
Offices) Adjustment Act
1947 (a) No. 52, 1947 1 Nov 1947 1 Nov 1947
Judges' Pensions Act 1948 No. 65, 1948 9 Dec 1948 9 Dec 1948
Salaries (Statutory
Offices) Adjustment Act
1950 (a) No. 51, 1950 14 Dec 1950 1 July 1950
Statute Law Revision Act
1950 No. 80, 1950 16 Dec 1950 31 Dec 1950
Judges' Remuneration Act
1955 (a) No. 17, 1955 9 June 1955 1 Jan 1955
Australian Capital
Territory Supreme Court Act
1955 No. 36, 1955 16 June 1955 14 July 1955
Australian Capital
Territory Supreme Court Act
1956 No. 47, 1956 30 June 1956 14 Aug 1956
Australian Capital
Territory Supreme Court Act
1957 No. 34, 1957 7 June 1957 5 July 1957
Australian Capital
Territory Supreme Court Act
1958 No. 43, 1958 29 Sept 1958 29 Sept 1958
Australian Capital
Territory Supreme Court Act
1959 No. 51, 1959 22 May 1959 22 May 1959
Judges' Remuneration Act
1960 (a) No. 110, 1960 16 Dec 1960 1 Oct 1960
Australian Capital
Territory Supreme Court Act
1964 No. 109, 1964 20 Nov 1964 S. 5: 27 Oct 1960
Remainder: Royal
Assent
Judges' Remuneration Act
1965 (a) No. 92, 1965 4 Dec 1965 1 July 1965
Australian Capital
Territory Supreme Court Act
1966 No. 8, 1966 3 May 1966 31 May 1966
Statute Law Revision
(Decimal Currency) Act 1966 No. 93, 1966 29 Oct 1966 1 Dec 1966
Australian Capital
Territory Supreme Court Act
1968 No. 156, 1968 10 Dec 1968 10 Dec 1968
Judges' Remuneration Act
1969 (a) No. 40, 1969 14 June 1969 14 June 1969
Australian Capital
Territory Supreme Court Act
1971 No. 13, 1971 5 Apr 1971 5 Apr 1971
Australian Capital
Territory Supreme Court Act
(No. 2) 1971 No. 98, 1971 17 Nov 1971 17 Nov 1971
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
----------------------------------------------------------------------------

(a) The Salaries (Statutory Offices) Adjustment Act 1947, the Salaries (Statutory Offices) Adjustment Act 1950, the Judges' Remuneration Act 1955, the Judges' Remuneration Act 1960, the Judges' Remuneration Act 1965 and the Judges' Remuneration Act 1969 were repealed by section 7 of the Statute Law Revision Act 1973. That section provides that the repeals do not affect the operation of any amendment made by a repealed Act or any provision made by it for the citation of an Act as so amended.
2.-S.8B (1)-By section 13 of, and Schedule 3 to, the Remuneration and Allowances Acts 1973, the rate per annum of the salary applicable to the office of Judge of the Supreme Court of the Australian Capital Territory is $29,250 with an annual allowance of $1,250.
3.-S.11-The Supreme Court of the Australian Capital Territory has jurisdiction in the Australian Antarctic Territory and in Heard Island and McDonald Islands; see section 10 of the Australian Antarctic Territory Act 1954-1973 and section 9 of the Heard Island and McDonald Islands Act 1953-1973.
4.-S.11 (b)-Section 16 of the Australian Capital Territory Supreme Court Act 1957 provides as follows:

''16. An Ordinance purporting to be in force at the commencement of this Act and containing provisions relating to the jurisdiction or the practice and procedure of the Australian Capital Territory Supreme Court shall, notwithstanding anything contained in Rules of Court, be deemed to be, and at all times to have been, as valid and effectual as if the Ordinance were made after the commencement of this Act.''
5. Section 28 was amended by sub-section 9 (1) of the Australian Capital Territory Supreme Court Act 1968. Sub-section 9 (2) of that Act provides as follows:

''(2) The Rules of Court in force under the Principal Act immediately before the commencement of this Act shall, after the commencement of this Act, be as valid and effectual as if made under the Principal Act as amended by this Act.''

Section 28 was also amended by sub-section 11 (1) of the Australian Capital Territory Supreme Court Act (No. 2) 1971. Sub-section 11 (2) of that Act provides as follows:

''(2) Notwithstanding the amendments made by the last preceding sub-section, the Rules of Court in force under section 28 of the Principal Act immediately before the commencement of this Act continue in force but may be amended or revoked by Rules of Court made under section 28 of the Principal Act as amended by this Act.''
6. Section 34 was substituted by sub-section 6 (1) of the Australian Capital Territory Supreme Court Act 1964. Sub-section 6 (4) of that Act, as amended by the Statute Law Revision Act 1973, provides as follows:

''(4) A reference in a law of the Territory (including Rules of Court made under the Principal Act) to the Deputy Registrar of the Supreme Court shall, after the commencement of this section, be read as a reference to a Deputy Registrar of that Court.''