Commercial Causes Act of 1910 (1 Geo v No. 23) (Qld)

10148 RAILWAYS.-SUPREME COURT. Commercial Causes Act. 1 GEO. V. No. 23, east boundary, part of the north. east boundary, again by part of the east boundary, and again by part of the north-east boundary of that Railway lJistrict, to the south-west corner of portion 123, parish of Grafton, on the Mulgrave River; thence by that rivpr downwards to the junction of the Little Mulgrave River; thence by that river upwards to the west boundary of portion 9v; thence by the west boundary of that portion; a line northerly, and the west boundary of portion 577, all in the same parish; thence by the Islay Hills Range northerly to the south boundary of the Cairns Municipality; thence by that boundary westerly to the south-east corner of portion 278, parish of Cairns; thence by the south boundary of that portion to Freshwater Creek; thence by that creek downwards to the Cairns-Herberton Railway Line; thence by that railway easterly to the west boundary of portion 160, in the same parish; thence by a line northerly to the Barron River; thence by the right bank of that river downwards to Ellie Point; thence by the foreshores of Trinity Harbour, south-easterly and north-easterly to False Cape, on the coast line; thence by that coast line south-easteriy to the point of commencement-comprising parts of the parishes of Gadgarra, Grafton, and Cairns, and the whole of the parishes of Trinity, Sophia, Bellenden- Ker, Russel, Glady, Bartle-Frere, Johnstone, Mourilyan, Warrakin, Dolgo, Japoon, Hull, Alcock, Tyson, Rockingham, Meunga, Glenbora, and Ellerbeelr; including the town ()f lJairns and parts of the shires of Barron, Cairns, Johnstone, and Cardwell. REGULATION OF MINES. See MINING.' RIGH'rS IN WATER. See WATER. STATE EDUCATION. See EDUCATION. SUPREME COURT. 1NGoe.e2. 3V. . An Act to Make Better Provision for the Trial of THE OOMMERCIAl. Commercial Causes. OAUSES ACT m'1910. [ASSENTED TO 4TH ,JANUARY, 1911.J B E it enacted by the King's :M:ost Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by: the authority of the same, as follows :- . 1. This Act ma v be cited as " The Commercial Cause8 Act of 1910." . Short title. Interpreta· tion. 2. In this Act, unless the context otherwise indicates, the following terms have the meanings respectively assigned to them, that is to say,- " Commercial causes" include causes arising out of the ordinary transactions of merchants and traders; amongst others those relating to the

SUPR,E.ME COURT. construction of mercantile documents, export or import of merchandise, affreightment, insurance, banking and mercantile agency, and mercantile usages; "Judge"-A Judge of the Supreme Court; " Prescribed"-Prescribed by rules of' court; " Registrar"-The Registrar of the Supreme Court: the term includes a Deputy Registrar; " !lules of court" include forms. 3. A list of commercial causes shall be kept by the A list of Registrar. All proceedings in the causes on such l' IS t ccaommemsetrociable shall be in accordance with the provisions of this Act. kept. No cause shall be entered on such list except upon th~ order of a Judge as hereinafter provided. 4. (1.) Either party to an action in the Supreme Either party Co~ rt may, at any time after the commencement of the ~a; : icfi1;nto actIOn, call upon the other party to show cause before a place~ on .Judge in chambers why such action should not be entered such list. on the list of commercial causes. (2.) The Judge may order the action to be so entered, and from such order there shall be no appeal. .(3.) The amount of party and party costs which may be ordered to be paid by the unsuccessful party in any .actfon so ·entered on the list of commercial causes shall not exceed :fifty guineas. (4.) Such Judge or any other Judge shall, by such or Directions. a subsequent order, give such directions as in his opinion are expedient for the speedy and inexpensive determination of the questions in tl1(' action really at issue between the parties. To effect this PUl'lJose the Judge may inter alia do any or all of the following things :- (a) Dispense with pleadings; (b) 'Dispense with the technical rules of evidence for proving any matter which is not bond fide in dispute, also with such rules as might cause expense and delay arising from commissions to take evidence and otherwise; and, without limiting the generality of this power, dispense with the proof of handwriting, of documents, of the identity of parties or parcels, or of authority; .. ,A 2" _

10150 SUPREME, COURT. Commercial Causes Am. 1 GEO. V. No. 23, 1910. ( C) Require particulars of the cause of action, of the grounds of defence, or of any other facts or circumstances connected with the action to be served within a specified time by either party; (d) Order mutual discoveries and inspection; (e) Require either party to make admissions with respect to any question of fact involved in the action; (f) Settle the issues for trial; (g) Order the action to be tried without a jury unless a jury is demanded by both parties; (h) Order the trial to be expedited; (i) Direct that notes of the evidence at the trial shall be taken in shortband ; (j) State a case on matters of law for the :Full Court; (le) Fix the amount of party and party 'costs to be paid by the unsuccessful party at any sum not exceeding fifty guineas. Jury's verdict 5. The parties may, if they so desire, agree that the ~ ~ c~ ; ~ ~ ~ e; ~ ay verdict of the jury or the decision of the Judge in a be final. commercial cause shall be final. Rules of court. 6. The Judges of the Supreme Court may make r~lles of court for carrying this Aet into effect, and in l?articular for all or any of the following matters :- (a) Hegulating the sittings of the court to try commercial causes; (b) Regulating the pleading, practice, and procedure in such causes and the costs of proceedings therein. fcRoQurculeerts. noofw in there 7 u . ndSeurb, jaelcl t etnoatchtims eAntcst aannddruthlees rouflecsouorft cionurftormceadaet the passing of this Act relating to actions shall apply to commercial causes: . Additional Provided that, where any provisions in respect of the ~ ~ ;cl:t~~:L~f' practice or procedure of the Supreme Court are contained practice and in any Act, rules of court may be made for modifying rpurloecseodfur C e O b lu y t. such prOVI.SI.OnS W . l th respect to commerCI.a I causes to such extent as may be deemed necessary. Saving. 8. Nothing in this Act shall extend to or affect any action pending at the passing of this Act, unless both parties to the action consent thereto. t