Federal Register of Legislation - Australian Government

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Northern Territory Supreme Court Act 1961

Act No. 11 of 1961 as amended, taking into account amendments up to Act No. 220 of 1973
Registered 04 Dec 2009
Start Date 31 Dec 1973
End Date 01 Oct 1979
Date of repeal 01 Oct 1979
Repealed by Northern Territory Supreme Court (Repeal) Act 1979

NORTHERN TERRITORY SUPREME COURT ACT 1961 [Note: This Act is "repealed" by Act No. 85 of 1979]
(#DATE 20:12:1973)

Compilation Information

- Reprinted as at 20 December 1973

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - TABLE OF PROVISIONS

TABLE


NORTHERN TERRITORY SUPREME COURT ACT 1961-1973

TABLE OF PROVISIONS

PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3. (Repealed)
4. Provisions with respect to the former Supreme Court
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. Holding of other judicial offices
9. Salaries and allowances
10. Oath of allegiance and office by Judge
11. Principal seat of the Supreme Court
12. Sittings of the Supreme Court
13. Exercise of jurisdiction
14. Jurisdiction in Chambers
15. Jurisdiction of Supreme Court
16. Powers of Judge
17. Security of the peace and for good behaviour
18. Costs

PART III-CONCURRENT ADMINISTRATION OF LAW AND EQUITY

19. Law and equity to be concurrently administered
20. Equities of plaintiff
21. Equities of defendant
22. Counter claims and third parties
23. Equities appearing incidentally
24. Defence or stay instead of injunction or prohibition
25. Common law and statutory rights and duties
26. Determination of matter completely and finally
27. Rules of equity to prevail
28. Mandamus, injunctions and receivers

PART IV-REGISTRIES, SEALS AND OFFICERS

29. Registries
30. Seals and Stamps
31. Appointment of officers
32. Powers and duties of Master
33. Sheriff

PART V-GENERAL MATTERS OF PROCEDURE

34. Rules of Court
35. Practice and procedure in matters not provided for
36. Manner of giving evidence
37. Evidence by affidavit
38. Appearance by barrister or solicitor
39. Orders and commissions for examination of witnesses
40. Non-appearance or absence of some defendants
41. Amendment of defect in proceedings
42. Formal defects to be amended
43. Matter heard at one place may be further dealt with at another place
44. Change of venue
45. Date of process

PART VI-APPEALS

46. Appeals from Supreme Court in civil cases
47. Appeal from Supreme Court in criminal cases
48. Saving of other Acts

PART VII-MISCELLANEOUS

49. Application of laws of Territory
50. Exercise of jurisdiction under other Acts
51. Indictable offences
52. Interest on judgments
53. Duty of receiver and manager
54. Liability and protection of receivers and managers
55. Rules of Court

THE SCHEDULE

Oath and Affirmation

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 1.
Short title.

SECT

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973
An Act to create a Supreme Court of the Northern Territory of Australia, in place of the Supreme Court previously established.

PART I-PRELIMINARY
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Northern Territory Supreme Court Act 1961-1973.*

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 2.
Commencement.

SECT

2. This Act shall come into operation on a date to be fixed by Proclamation.*
Section 3 repealed by No. 220, 1973, s. 3.
* * * * * * * *

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 4.
Provisions with respect to the former Supreme Court.

SECT

Sub-section (1) amended by No. 220, 1973, s. 8.
4. (1) Notwithstanding section 18 of the Northern Territory (Administration) Act 1910-1959, the Supreme Court of the Northern Territory as established by law immediately before the commencement of this Act is abolished.

(2) Subject to the Rules of Court and to any directions given by a Judge with respect to matters of practice and procedure-

(a) all proceedings in the former Supreme Court, whether civil or criminal (including proceedings by way of appeal) that were pending or uncompleted at the commencement of this Act may be continued and completed in the Supreme Court as if they had been instituted in that Court; and

(b) where, in relation to a judgment of a court given or pronounced before the commencement of this Act, an appeal lay, at the commencement of this Act, to the former Supreme Court (whether or not subject to conditions as to leave to appeal or other conditions), a like appeal, subject to the like conditions, if any, lies to the Supreme Court, and for that purpose the Supreme Court may exercise any power or jurisdiction that belonged to the former Supreme Court.

(3) All judgments of the former Supreme Court subsisting at the commencement of this Act continue in force, and this Act and all other laws in force in the Territory apply in relation to them as if they were judgments of the Supreme Court.
Amended by No. 220, 1973, s. 8.

(4) The provisions with respect to appeals to the High Court that were contained in section 21 of the Supreme Court Ordinance 1911-1954 of the Territory continue, by force of this Act, to apply in relation to any judgment that was pronounced or made before the commencement of this Act.

(5) Where any Act or Ordinance that was in force immediately before the commencement of this Act contained a reference to the former Supreme Court (including that Court under its previous name of the Supreme Court of North Australia), or an expression that included a reference to that Court, that reference or expression shall, from the commencement of this Act, be read as a reference to the Supreme Court, or as including a reference to the Supreme Court, as the case may be.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 5.
Definitions.

SECT

Amended by No. 116, 1968, s. 3; and No. 220, 1973, ss. 4 and 8.
5. In this Act, unless the contrary intention appears-

''additional Judge'' means a Judge appointed under sub-section (2) of section 7;

''affidavit'' includes, in relation to a person who conscientiously objects to taking an oath, a solemn affirmation or declaration in writing;

''cause'' includes a suit or criminal proceedings;

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

''Judge'' or ''Judge of the Supreme Court'' means a Judge appointed under sub-section (1) of section 7 or an additional Judge and, in the expressions ''the Supreme Court or a Judge'', ''the Court or a Judge'' and ''the Court or Judge'', means a Judge sitting in Chambers;

''judgment'' includes a decree, order, conviction or sentence, and a refusal to make a decree or order;

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

''Ordinance'' means an Ordinance in force under the Northern Territory (Administration) Act 1910-1959;

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

''practice and procedure'' includes matters relating to costs, the method of pleading, the attendance of witnesses, the custody or bail of accused or convicted persons and the enforcement and execution of judgments;

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

''the Court'' means the Supreme Court;

''the former Supreme Court'' means the Supreme Court of the Northern Territory as established by law immediately before the commencement of this Act;

''the Judicature Act'' means The Supreme Court of Judicature Act, 1873 of the United Kingdom;

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

''the senior Judge'' means the senior Judge appointed under sub- section (1) of section 7 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, and includes a Deputy Sheriff of the Territory;

''the Supreme Court'' means the Supreme Court of the Northern Territory of Australia, as constituted by this Act;

''the Territory'' means the territory accepted by the Commonwealth as a Territory under the authority of the Commonwealth in pursuance of the Northern Territory Acceptance Act 1910 by the name of the Northern Territory of Australia and includes the islands accepted by the Commonwealth as a Territory under the authority of the Commonwealth in pursuance of the Ashmore and Cartier Islands Acceptance Act 1933 under the name of the Territory of the Ashmore and Cartier Islands.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 6.
Establishment of Supreme Court.

SECT

PART II-CONSTITUTION AND JURISDICTION OF THE
SUPREME COURT

6. (1) There shall be a superior court of record to be known as the Supreme Court of the Northern Territory of Australia.

(2) The Court shall consist of the Judge or Judges for the time being holding office by virtue of appointment under the next succeeding section.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 7.
Appointment and tenure of Judges and additional Judges.

SECT

Sub-section (1) substituted by No. 220, 1973, s. 5.
7. (1) The Governor-General may, by commission issued in pursuance of this sub-section, appoint a person who, or persons each of whom-

(a) is or has been a Judge of another court created by the Parliament or of a Court of a State; or

(b) has been enrolled as a legal practitioner of the High Court, or of the Supreme Court of a State or Territory, for not less than five years,
to be a Judge or Judges of the Supreme Court, but so that the number of Judges holding office under this sub-section at any time does not exceed three.
Inserted by No. 220, 1973, s. 5.

(1A) The Judges appointed under sub-section (1) have seniority as Judges of the Supreme Court according to the dates of their commissions.
Amended by No. 220, 1973, s. 5.

(2) The Governor-General may, by commission issued in pursuance of this sub-section, appoint 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.
Amended by No. 220, 1973, s. 5.

(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. 99, 1971, s. 3; amended by No. 220, 1973, s. 8.

(4) A Judge appointed under sub-section (1) ceases to hold office upon his attaining the age of seventy years.
Added by No. 99, 1971, s. 3.

(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. 99, 1971, s. 3.

(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. 99, 1971, s. 3.

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

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 8.
Holding of other judicial offices.

SECT

Amended by No. 216, 1973, s. 3.
8. 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 relation to a Territory other than the Northern Territory, by virtue of an appointment made either before or after his appointment as a Judge of the Supreme Court.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 9.
Salaries and allowances.

SECT

Sub-section (1) substituted by No. 220, 1973, s. 6.
9. (1) A Judge appointed under sub-section (1) of section 7 shall receive a salary at such rate, and an annual allowance at such rate, as are fixed by the Parliament.*
Amended by No. 40, 1969, s. 3.

(2) An additional Judge shall be remunerated with the salary and annual allowance that he receives as a Judge of the other court, or other courts, of which he is a Judge.

(3) A Judge of the Supreme Court shall be paid in respect of his expenses in travelling to discharge the duties of his office such sums as the Governor-General determines.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 10.
Oath of allegiance and office by Judge.

SECT

Amended by No. 220, 1973, s. 8.
10. A Judge shall, before proceeding to discharge the duties of his office, take before the Governor-General, or before some person appointed by the Attorney-General in that behalf, an oath or affirmation in accordance with the form in the Schedule.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 11.
Principal seat of the Supreme Court.

SECT

11. The principal seat of the Supreme Court shall be at Darwin, in the Territory.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 12.
Sittings of the Supreme Court.

SECT

12. (1) The Supreme Court may sit at Darwin and Alice Springs, in the Territory, and at such other places in the Commonwealth, whether in the Territory or not, as are from time to time appointed by the Attorney-General by notice published in the Government Gazette of the Territory.

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

(3) Subject to this section, the times of the sittings of the Supreme Court at any place shall be fixed from time to time by the senior Judge by notice published in the Government Gazette of the Territory.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 13.
Exercise of jurisdiction.

SECT

13. (1) The jurisdiction of the Supreme Court is exercisable by one Judge, sitting in Court, or, as provided by the next succeeding section, 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.

(3) The Court constituted by one Judge may sit and exercise the jurisdiction of the Court notwithstanding that the Court constituted by another Judge is at the same time sitting and exercising the jurisdiction of the Court.

(4) The exercise of the jurisdiction of the Court by a Judge is not invalidated and shall not be called in question on the ground that it is not in accordance with arrangements made in pursuance of this section.
Added by No. 99, 1971, s. 4.

(5) Provision may be made by Rules of Court for the jurisdiction of the Court to be exercisable by the Master 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 Master in such a case, this Act has effect, subject to this section, as if the Court consisted of the Judge or Judges and the Master.
Added by No. 99, 1971, s. 4.

(6) A person dissatisfied with an order made by the Master 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.
Added by No. 99, 1971, s. 4; amended by No. 220, 1973, s. 7.

(7) On an appeal under sub-section (6), the Court may affirm, vary or set aside the order of the Master and may make such order as in all the circumstances it thinks just.
Added by No. 99, 1971, s. 4.

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

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 14.
Jurisdiction in Chambers.

SECT

14. (1) The jurisdiction of the Supreme Court may be exercised by a Judge sitting in Chambers-

(a) in matters in which jurisdiction is, by this Act, expressed to be exercisable by a Judge;

(b) as provided by Rules of Court or by any Act, Ordinance or other law in force in the Territory; and

(c) in all matters of practice and procedure.

(2) A Judge may order a matter that is brought before him in Chambers to be adjourned into Court and heard in open court.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 15.
Jurisdiction of Supreme Court.

SECT

Sub-section (1) amended by No. 220, 1973, s. 8.
15. (1) The Supreme Court-

(a) has, subject to this and any other Act and to any Ordinance, in relation to the Territory, the same original jurisdiction, both civil and criminal, as the Supreme Court of South Australia had in relation to the State of South Australia immediately before 1 January 1911;

(b) has such jurisdiction, whether civil or criminal, as is from time to time vested in or conferred on the Supreme Court by Act or by Ordinance (including an Act or Ordinance passed or made before the commencement of this Act, as affected by sub-section (5) of section 4);

(c) has jurisdiction in matters in which a writ of mandamus or prohibition or an injunction is sought against an officer of the Commonwealth, being matters arising in, or under the laws in force in, the Territory; and

(d) 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 of inferior courts in the Territory given or pronounced after the commencement of this Act.

(2) The jurisdiction of the Supreme Court of South Australia referred to in paragraph (a) of the last preceding sub-section includes jurisdiction that that Court had as federal jurisdiction.
Amended by No. 220, 1973, s. 8.

(3) The jurisdiction of the Supreme Court referred to in sub-section (1) is in addition to the jurisdiction that the Court has under any Imperial Act.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 16.
Powers of Judge.

SECT

16. Where, by a law of the State of South Australia that is continued in force in the Territory as a law of the Territory, a power or function is vested in or conferred on the Supreme Court of South Australia, or in or on a Judge of that Court, that power or function is, in relation to the Territory, vested in or conferred on the Supreme Court or a Judge, as the case may be.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 17.
Security of the peace and for good behaviour.

SECT

17. The Court or a Judge has authority to hold to security of the peace and for good behaviour in matters arising under the laws in force in the Territory.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 18.
Costs.

SECT

18. (1) The Supreme Court or a Judge has jurisdiction to award costs in all matters brought before the Court, including matters dismissed for want of jurisdiction.

(2) Subject to Rules of Court and to any law in force in the Territory, the costs of and incidental to all proceedings in the Supreme Court, including the administration of estates and trusts, are in the discretion of the Court or Judge, and the Court or Judge has full power to determine by whom and to what extent the costs are to be paid.

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

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 19.
Law and equity to be concurrently administered.

SECT

PART III-CONCURRENT ADMINISTRATION OF LAW AND EQUITY

19. Subject to the express provisions of any other Act or of an Ordinance, in every civil matter commenced in the Supreme Court, law and equity shall be administered according to the provisions of this Part.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 20.
Equities of plaintiff.

SECT

20. If a plaintiff claims to be entitled to an equitable estate or right, or to relief on an equitable ground against a deed, instrument or contract, or against a right, title or claim asserted by any defendant in the matter, or to relief founded upon a legal right that could in England immediately before the commencement of the Judicature Act only have been given by a Court of Equity, the Supreme Court shall give to the plaintiff 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.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 21.
Equities of defendant.

SECT

21. If a defendant claims to be entitled to an equitable estate or right, or to relief on an equitable ground against a deed, instrument or contract, or against a right, title or claim asserted by a plaintiff in the matter, or alleges a ground of equitable defence to a claim of the plaintiff, the Supreme Court 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, 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 a suit or proceeding instituted in that Court for the like purpose.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 22.
Counter claims and third parties.

SECT

22. (1) The Supreme Court has power to grant to a defendant, in respect of an equitable estate or right or other matter of equity, and also in respect of a legal estate, right or title claimed or asserted by him-

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

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

(2) A person served with such a notice shall thenceforth be deemed a party to the suit 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.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 23.
Equities appearing incidentally.

SECT

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

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 24.
Defence or stay instead of injunction or prohibition.

SECT

24. (1) Every matter of equity on which an injunction against the prosecution of any such proceeding, if the proceeding had been a 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.

(2) Notwithstanding the last preceding sub-section-

(a) nothing in this Part disables the Court, if it thinks fit so to do, from directing a stay of proceedings in a matter pending before it; and

(b) a person, whether a party or not to a proceeding in the Supreme Court, who-

(i) if the proceeding had been a 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 a court to restrain the prosecution of the proceeding; or

(ii) may be entitled to enforce, by attachment or otherwise, a judgment in contravention of which the proceeding, or any part of the proceeding, has been taken,

may apply to the Court, by motion in a summary way, for a stay of proceedings, either generally, or so far as is necessary for the purposes of justice, and the Court shall thereupon make such order as is just.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 25.
Common law and statutory rights and duties.

SECT

25. Subject to the provisions of this Part for giving effect to equitable rights and other matters of equity, the Supreme Court shall give effect to all legal claims and demands, and to all estates, titles, rights, duties, obligations and liabilities, existing under the law in force in the Territory, including common law and custom.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 26.
Determination of matter completely and finally.

SECT

26. The Supreme Court, in the exercise of its jurisdiction, shall, in every matter pending before the Court, grant, either absolutely or on such terms and conditions as the Court thinks just, all remedies to which any of the parties appears to be entitled in respect of a legal or equitable claim properly brought forward by him in the 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.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 27.
Rules of equity to prevail.

SECT

27. In questions relating to the custody and education of infants and generally in all matters not particularly mentioned in this Part in which there was formerly or is a 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.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 28.
Mandamus, injunctions and receivers.

SECT

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

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

(3) If, whether before, at or after the hearing of a matter, an application is made for an injunction to prevent a 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 a 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 a colour of title, and whether the estate claimed by any of the parties is legal or equitable.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 29.
Registries.

SECT

PART IV-REGISTRIES, SEALS AND OFFICERS

29. (1) There shall be a Registry of the Court at Darwin, in the Territory.

(2) The Attorney-General may authorize the establishment of additional Registries of the Court at such places in the Territory as he determines.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 30.
Seals and Stamps.

SECT

30. (1) The Supreme Court shall have a Seal of the Court for sealing writs and other instruments or documents issued out of the Court and required to be sealed.

(2) There shall be inscribed on the seal the words ''The Seal of the Supreme Court of the Northern Territory of Australia''.

(3) The Seal of the Court shall be kept at such place and in such custody as the senior Judge directs.

(4) The Court shall also have a stamp or stamps of the Court of a design approved by the senior Judge.

(5) Each such stamp shall be kept at such place and in such custody as the senior Judge directs.
Amended by No. 220, 1973, s. 8.

(6) A document or a copy of a document marked with a stamp referred to in sub-section (4) is as valid and effectual as if it had been sealed with the Seal of the Court.
Amended by No. 220, 1973, s. 8.

(7) All Courts (whether exercising federal jurisdiction or not) and all persons acting judicially shall take judicial notice of the Seal of the Court or the mark of a stamp referred to in sub-section (4) affixed on a document or a copy of a document and, in the absence of proof to the contrary, shall presume that it was affixed by proper authority.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 31.
Appointment of officers.

SECT

31. (1) The Attorney-General may appoint-

(a) a person to be the Master of the Supreme Court;

(b) a person or persons to be the Deputy Master or Deputy Masters of the Supreme Court; and

(c) such other officers of the Court as are necessary.
Amended by No. 99, 1971, s. 5.

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

(3) The appointment of a person to be a Deputy Master of the Supreme Court does not affect the exercise or performance of a power or function by the Master.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 32.
Powers and duties of Master.

SECT

32. (1) The Master has power to administer oaths, and shall perform such duties in respect of proceedings 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.

(2) Where, under a law in force in the Territory, a power is exercisable, or a duty is to be performed, or a thing is to be done, by the Chief Clerk, the Clerk, the Master or a Registrar or other officer of a court, other than a Sheriff, it may, in relation to proceedings in the Supreme Court, be exercised, performed or done by the Master.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 33.
Sheriff.

SECT

33. (1) It is the duty of the Sheriff-

(a) to serve or execute all writs, summonses, orders, warrants, precepts, process and commands of the Supreme Court that are directed to him, and to make such return of them to the Court, together with the manner of their execution, as he is required by them; and

(b) to take, receive and detain all persons who are committed to his custody by the Court, and to discharge all such persons when directed so to do by the Court or by any law in force in the Territory.

(2) When the Sheriff is a party to a cause in the Supreme Court, all writs, summonses, orders, warrants, precepts, process and commands in the cause that should in the ordinary course be directed to him shall be directed to such disinterested person as the Court or a Judge appoints, and the person so appointed may execute and return them.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 34.
<348340 Rules of Court.

SECT

PART V-GENERAL MATTERS OF PROCEDURE

34. Except as provided by this Act or by any other law in force in the Territory, the practice and procedure of the Supreme Court shall be as provided by Rules of Court.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 35.
Practice and procedure in matters not provided for.

SECT

35. Where no provision in relation to a matter of practice and procedure of the Supreme Court is contained in this Act or in any other law in force in the Territory, that matter shall, unless the Court or a Judge otherwise directs, be governed, as nearly as may be, by the practice and procedure of the Supreme Court of South Australia in similar matters.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 36.
Manner of giving evidence.

SECT

Substituted by No. 99, 1971, s. 6.
36. Except as otherwise provided by this Act or by any other law in force in the Territory, or unless in any suit the parties agree to the contrary, evidence in any matter shall be given orally in open court.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 37.
Evidence by affidavit.

SECT

Substituted by No. 99, 1971, s. 6.
37. (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 Supreme 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 Supreme 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.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 38.
Appearance by barrister or solicitor.

SECT

38. 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.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 39.
Orders and commissions for examination of witnesses.

SECT

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

(a) order the examination of a person upon oath, orally or on interrogatories, before the Court or a Judge or before an 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 a subsequent order, give any necessary directions touching the time, place and manner of the examination or taking of evidence; and

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

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 40.
Non-appearance or absence of some defendants.

SECT

40. (1) When there are several defendants in a suit pending in the Supreme Court, if any defendant is not served with process and does not voluntarily appear, the Court may nevertheless entertain the suit and proceed to hear and determine it between the parties who are properly before the Court, but the judgment given in the suit does 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 a suit in 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.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 41.
Amendment of defect in proceedings.

SECT

41. The Supreme Court or a Judge may at any time, and on such terms as it or he thinks just, amend a 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.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 42.
Formal defects to be amended.

SECT

42. (1) A proceeding in the Supreme Court shall not be invalidated by a formal defect or by an irregularity, unless the Court is of opinion that substantial injustice has been caused and that the injustice cannot be remedied by an order of the Court.

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

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 43.
Matter heard at one place may be further dealt with at another place.

SECT

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

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 44.
Change of venue.

SECT

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

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 45.
Date of process.

SECT




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

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 46.
Appeals from Supreme Court in civil cases.

SECT

PART VI-APPEALS

Sub-section (1) amended by No. 93, 1966, s. 3.
46. (1) The High Court has 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, a sum or matter at issue amounting to or of the value of Three thousand dollars;

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

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

(d) is one with respect to which the High Court thinks fit to give special leave to appeal.

(2) Except as provided by the next two succeeding sub-sections, it is not necessary to obtain the leave of the Supreme Court or a Judge to appeal to the High Court in a civil matter.

(3) An appeal does not lie to the High Court from an interlocutory judgment, except by leave of the Supreme Court or a Judge or of the High Court.

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

(5) An appeal does not lie from a judgment given by consent.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 47.
Appeal from Supreme Court in criminal cases.

SECT

47. (1) A person convicted on indictment before the Supreme Court may appeal to the High Court-

(a) against his conviction on any ground of appeal that involves a question of law alone;

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

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

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

(2) An appeal lies to the High Court against any judgment of the Supreme Court in a criminal matter with respect to which the High Court thinks fit to give special leave to appeal.

(3) On an appeal against a sentence, the High Court, if it is of opinion that some other sentence, whether more or less severe, is warranted in law and should have been passed, shall quash the sentence and pass that other sentence in substitution for the sentence so quashed, and in any other case shall dismiss the appeal.

(4) Where an appellant has, upon a trial with a jury, been convicted of an offence, and the jury could on the indictment have found him guilty of some other offence, and on the finding of the jury it appears to the High Court that the jury must have been satisfied of facts which proved him guilty of that other offence, the High Court may, instead of allowing or dismissing the appeal, substitute for the verdict found by the jury a verdict of guilty of that other offence, and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law for that other offence, not being a sentence of greater severity.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 48.
Saving of other Acts.

SECT

48. Nothing in this Part applies to the exclusion of any provision contained in any other Act for or with respect to appeals to the High Court.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 49.
Application of laws of Territory.

SECT

PART VII-MISCELLANEOUS

49. Subject to the express provisions of this Act or of any other law of the Commonwealth, the laws that are in force in the Territory from time to time by virtue of the Northern Territory Acceptance Act 1910-1952 and the Northern Territory (Administration) Act 1910-1959 (including the laws relating to juries and evidence) apply, so far as they are capable of application, to and in relation to the exercise in any matter of the jurisdiction vested in or conferred on the Supreme Court by this Act or by any other law, and the power conferred on the Legislative Council for the Territory by the Northern Territory (Administration) Act 1910-1959 to make Ordinances for the peace, order and good government of the Territory shall be construed as including provision to make Ordinances so applying.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 50.
Exercise of jurisdiction under other Acts.

SECT

50. In relation to any jurisdiction vested in or conferred on the Court by an Act other than this Act (whether passed before or after the commencement of this Act), the provisions of this Act are subject to the provisions made by or under that Act or any other Act with respect to the exercise of that jurisdiction.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 51.
Indictable offences.

SECT

51. (1) The trial on indictment, in the Supreme Court, of an offence against a law of the Commonwealth committed within the Territory shall be held at Darwin or Alice Springs, in the Territory.

(2) An indictable offence triable before the Supreme Court shall be prosecuted by indictment in the name of the Attorney-General or of a person appointed by the Attorney-General in that behalf.

(3) An indictment may be filed without examination or commitment for trial of the accused person.

(4) Upon an indictment being filed without examination or commitment for trial, the Supreme Court or a 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 indictment; or

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

(5) Where a person has been committed for trial upon a charge for an indictable offence triable before the Supreme Court, the indictment against the person may, subject to the next succeeding sub-section, include, either in substitution for, or in addition to, a count charging the offence for which he was committed, any other count.

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

(7) Where a person is under commitment upon a charge for an indictable offence triable before the Supreme Court, the Attorney-General, or a person appointed by the Attorney-General 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.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 52.
Interest on judgments.

SECT

Amended by No. 93, 1966, s. 3.
52. Except as provided in any law in force in the Territory, a judgment debt carries interest at the rate of five per centum per annum, or at such other rate as is fixed by Rules of Court, from the date as of which the judgment is entered.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 53.
Duty of receiver and manager.

SECT

53. When, in a matter 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 manner in which the owner or possessor of the property would be bound to do if in possession of the property.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 54.
Liability and protection of receivers and managers.

SECT

54. A receiver or manager appointed by the Supreme Court in respect of any property 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.

NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - SECT. 55.
Rules of Court.

SECT

Sub-section (1) substituted by No. 99, 1971, s. 7.
55. (1) The senior Judge 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; and

(b) for prescribing any matter or thing that is, by this Act, required or permitted to be prescribed by Rules of Court.
Amended by No. 99, 1971, s. 7.

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

(a) 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;

(b) for the service and execution in the Territory of the process of any foreign Court;

(c) 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;

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

(e) for regulating the means by which particular facts may be proved and the mode in which evidence of particular facts may be given in any proceedings, or on any application in connexion with, or at any stage of, any proceedings.
Substituted by No. 99, 1971, s. 7.

(3) Where Rules of Court are made in pursuance of this section-

(a) notice of the making of the Rules shall be published in the Government Gazette of the Territory;

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

(c) the Rules shall be laid before each House of the Parliament within fifteen sitting days of that House after the making of the Rules.
Substituted by No. 99, 1971, s. 7.

(4) After 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.
Substituted by No. 99, 1971, s. 7.

(5) Where-

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

(b) the rule amended or revoked a rule that was in force immedi- ately before the first-mentioned rule came into operation,
the disallowance revives the previous rule on and after the date of the disallowance.
Sub-section (6) omitted by No. 216, 1973, s. 3.
* * * * * * * *

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NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - THE SCHEDULE

SCH


THE SCHEDULE
Section 10

OATH

I, , do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, that I will well and truly serve Her in the office of Judge of the Supreme Court of the Northern Territory of Australia and that I will do right to all manner of people according to law, without fear or favour, affection or ill-will:

SO HELP ME GOD)

AFFIRMATION

I, , do solemnly and sincerely promise and declare that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, that I will well and truly serve Her in the office of Judge of the Supreme Court of the Northern Territory of Australia and that I will do right to all manner of people according to law, without fear or favour, affection or ill-will.
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NORTHERN TERRITORY SUPREME COURT ACT 1961-1973 - NOTES


NOTES
1. The Northern Territory Supreme Court Act 1961-1973 comprises the Northern Territory Supreme Court Act 1961 as amended by the other Acts specified in the following table:
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Number Date of
Act and year Date of
Assent commencement
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Northern Territory
Supreme Court Act 1961 No. 11, 1961 5 May 1961 13 May 1961 (see
Gazette 1961, p.
1867)
Judges' Remuneration Act
1965 (a) No. 92, 1965 4 Dec 1965 1 July 1965
Statute Law Revision
(Decimal Currency) Act
1966 No. 93, 1966 29 Oct 1966 1 Dec 1966
Northern Territory
Supreme Court Act 1968 No. 116, 1968 2 Dec 1968 2 Dec 1968
Judges' Remuneration Act
1969 (a) No. 40, 1969 14 June 1969 14 June 1969
Northern Territory
Supreme Court Act 1971 No. 99, 1971 17 Nov 1971 17 Nov 1971
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
Northern Territory
Supreme Court Act 1973 No. 220, 1973 20 Dec 1973 20 Dec 1973
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(a) 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. 9 (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 Northern Territory is $29,250 with an annual allowance of $1,250.