Judiciary Act 1927 (Cth)

JUDICIARY.

No. 9 of 1927.

An Act to amend the Judiciary Act 1903-1926, and for other purposes.

[Assented to 8th April, 1927.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Judiciary Act 1927.

(2.) The Judiciary Act 1903–1926 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Judiciary Act 1903-1927.

Commencement.

2.This Act shall commence on a date to be fixed by Proclamation.

Registries.

3.Section eleven of the Principal Act is amended by inserting after sub-section (2.) the following sub-section:—

“(2a.) There shall also be a Registry of the High Court in the Territory for the Seat of Government, and that Registry shall be a District Registry until the principal seat of the High Court is at the Seat of Government.”.

4.After section thirty a of the Principal Act the following section is inserted:—

Original jurisdiction of High Court in territorial matters.

“30b.—(1.) The High Court shall have, in relation to the Territory for the Seat of Government—

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

(b) such original jurisdiction, both civil and criminal, as is from time to time vested in the High Court by Ordinances made by the Governor-General.

“(2.) The jurisdiction vested in the High Court by this section shall be exercised in accordance with the practice, procedure and powers of the High Court, and with Rules of Court made in that behalf.

 

“(3.) In relation to the jurisdiction vested in the High Court by this section, the Rules of Court may provide for the places of sitting of the Court, and for the service and execution of the process of the Court, and the execution of the judgments of the Court, in any part of the Commonwealth and in any Territory under the control of the Commonwealth.

“(4.) A decision of the High Court in the exercise of the jurisdiction vested by this section shall be final and conclusive except so far as, under the Constitution or the laws of the Commonwealth, an appeal may be brought to a Full Court of the High Court.”.

5.After section thirty-four of the Principal Act the following section is inserted:—

Appeals from Courts of Territory for Seat of Government.

“34a.—(1.) The High Court shall have such jurisdiction to hear and determine appeals from all judgments whatsoever of any Court of the Territory for the Seat of Government as is vested in it by Ordinance made by the Governor-General.

“(2.) The jurisdiction of the High Court under this section may be exercised by one Justice or by a Full Court; and, when it is exercised by one Justice, an appeal from his decision may, upon leave being granted by a Full Court of the High Court, be brought to a Full Court of the High Court.”.

Barristers and solicitors.

6.Section forty-nine of the Principal Act is amended—

(a) by adding at the end of sub-section (1), the words “or in any Court of a Territory under the control of the Commonwealth”;

(b) by omitting from sub-section (4.) the words “or that he has been deprived by the Supreme Court of the State, by virtue of his right to practise wherein he was registered, of the right to practise in that State as a barrister or solicitor”; and

(c) by adding at the end thereof the following sub-section:—

“(5.) Upon proof that any person has been deprived by the Supreme Court of the State, by virtue of his right to practise wherein he was registered, of the right to practise in that State as a barrister or solicitor, the Principal Registrar shall strike the name of that person off the Register of Practitioners of the High Court.”.

Jurisdiction of High Court.

7. Section eight of the Seat of Government Acceptance Act 1909 is repealed as from a date to be fixed by proclamation, but such repeal shall not affect any legal proceedings pending in the High Court at the date so fixed.

Jurisdiction of inferior courts.

8. Section eleven of the Seat of Government (Administration) Act 1910