Supreme Court Act 1935 (SA)
South Australia
An Act to consolidate and amend certain Acts relating to the Supreme Court.
This Act may be cited as the
Supreme Court Act 1935 .
The Acts mentioned in the Schedule to this Act are repealed to the extent shown in that Schedule:
Provided that—
(a) the repeal shall not affect any principle or rule of law, or any established jurisdiction, notwithstanding that the same may have been affirmed by, or derived from, any of the repealed enactments; and
(b) any rule, order, or regulation made, and any commission issued, direction given, or thing done, under any enactment repealed by this Act shall continue in force so far as it could have been made, issued, given, or done under this Act, and shall have effect as if it had been so made, issued, given, or done.
(1) Nothing in this Act shall—
(a) take away or impair any substantive right or privilege of any person:
(b) affect any rule of practice or procedure existing at the time of the passing of this Act except to the extent expressly mentioned in this Act or in any rules of court made under this Act:
(c) revive any law, enactment, regulation, or rule of court not in force at the time of the passing of this Act:
(d) affect in any way anything done or suffered before the passing of this Act under any Act repealed by this Act:
(e) affect in any way any proceedings pending at the time of the passing of this Act.
(2) Save as otherwise expressly provided, nothing in this Act shall affect the operation of any enactment, which is in force at the commencement of this Act, and is not repealed by this Act.
(1) In this Act, unless the context otherwise requires, or some other meaning is clearly intended—
Associate Justice means an Associate Justice of the Supreme Court;
cause includes any action, suit, or other original proceeding between a plaintiff and a defendant;
court means the Supreme Court of South Australia;
Court of Appeal means the Division of the Supreme Court established under section 19A;
defendant includes every person served with any writ of summons or process or served with notice of, or entitled to attend any proceeding;
evidentiary material means any document, object or substance of evidentiary value in proceedings before the court and includes any document, object or substance that should, in the opinion of the court, be produced for the purpose of enabling the court to determine whether or not it has evidentiary value;
existing means existing at the time of the passing of this Act;
formerly , when used in relation to the courts or the law or practice in England, means prior to theSupreme Court of Judicature Act 1873 and when used in relation to the court or the law or practice in South Australia, means before the passing of theSupreme Court Act 1878 ;
judge includes the Chief Justice, the President and any puisne judge of the court;
judgment includes decree;
judicial registrar means a Supreme Court judicial registrar;
jurisdiction of the court includes powers and authorities (whether of a judicial, ministerial or administrative nature) vested in the court, a judge, or an Associate Justice by law or custom;
matter includes every proceeding in the court not in a cause;
order includes rule;
parties includes as well as the plaintiff and defendant in the action any person not originally a party against whom any counterclaim is set up, or who has been served with notice to appear under any of the rules of court; and also every person served with notice of or attending any proceeding, although not named on the record;
plaintiff means a person who brings any form of proceeding in the court (other than an appeal)—
(a) asserting a right to any form of relief against another; or
(b) asking the court to exercise a power or discretion,
and includes a defendant making a claim against another by way of counterclaim or third-party claim;
pleading includes any summons, and also the statement in writing of the claim or demand of any plaintiff and of the defence of any defendant thereto, and also any other matter by rules of court to be included under the termpleading ;
President means the President of the Court of Appeal;
registrar means a person holding, or acting in, the office of registrar of the court, but does not include a judicial registrar;
rules of court includes forms;
suit includes action;
suitors' funds means moneys in the custody or charge of the court that have been paid into the court for or on account of, or to the use or credit of, any person in a cause or matter, and includes interest and accretions upon any such moneys.
(2) Subject to the rules of court, a reference in an Act, or in any regulation, by-law, or instrument made under an Act, to a master or a deputy master of the court shall—
(a) where the reference occurs in connection with the performance of an act of a judicial nature—be construed as a reference to an Associate Justice; and
(b) where the reference occurs in connection with the performance of an act of an administrative nature—be construed as a reference to the registrar.
The Supreme Court of South Australia as by law established is hereby continued as the superior court of record, in which has been vested all such jurisdiction (whether original or appellate) as is at the passing of this Act vested in, or capable of being exercised by that court.
The Supreme Court is constituted of the General Division and the Court of Appeal.
(1) The General Division of the court consists of—
(a) the Chief Justice; and
(b) the puisne judges of the court that are not appointed to the Court of Appeal; and
(c) the Associate Justices; and
(d) the judicial registrars.
(1a) The Court of Appeal consists of—
(a) the Chief Justice; and
(b) the President; and
(c) the puisne judges of the court that are appointed to the Court of Appeal; and
(d) the Associate Justices; and
(e) the judicial registrars.
(2) Subject to this Act or any other Act, the judges, Associate Justices and judicial registrars have the power, authority and jurisdiction conferred on them under this Act or any other Act, and the rules of court made under this Act or any other Act.
(3) The puisne judges shall be styled "Justices of the Supreme Court of South Australia".
(4) An Associate Justice is, while holding that office, also a District Court Judge.
(1) No person shall be qualified for appointment as a puisne judge of the court unless he is a practitioner of the court of not less than ten years' standing.
(1a) A person is not qualified for appointment as President unless the person is a practitioner of the court of not less than 12 years' standing or a puisne judge of the court.
(2) No person shall be qualified for appointment as Chief Justice unless he is a practitioner of the court of not less than fifteen years' standing or a puisne judge of the court.
(3) No person shall be qualified for appointment as an Associate Justice unless he is a practitioner of the court of not less than seven years standing.
(4) For the purpose of determining whether a practitioner of the court has the standing necessary for appointment as a judge or Associate Justice, periods of legal practice and (where relevant) judicial service within and outside the State will be taken into account.
(1) Whenever necessary, the Governor shall appoint a qualified person to hold the office of judge of the court or judge of the Court of Appeal with the tenure prescribed by the
Constitution Act 1934 , but subject to the provisions of this Act as to retirement.(2) Appointments to the office of Associate Justice shall be made by the Governor whenever necessary.
(3) Subject to the provisions of this Act as to retirement, the commission of an Associate Justice shall remain in full force during his good behaviour but the Governor may, upon the address of both Houses of Parliament, remove an Associate Justice from office and revoke his commission.
(1) The Chief Justice is the principal judicial officer of the court.
(2) The Chief Justice is responsible for the administration of the court.
The President is a judge of the Supreme Court and is responsible, subject to the Chief Justice's directions, for the administration of the Court of Appeal.
(1) If—
(a) the Chief Justice is absent or, for any reason, is unable for the time being to carry out the duties of the office; or
(b) the office of the Chief Justice becomes vacant,
the Governor may appoint—
(c) the President; or
(d) if the President is absent or, for any reason, is unable for the time being to carry out the duties of the office—a puisne judge of the court,
to be Acting Chief Justice until the Chief Justice returns to official duties or a person is appointed to the office of the Chief Justice (as the case requires).
(2) If—
(a) the President is absent or, for any reason, is unable for the time being to carry out the duties of the office; or
(b) the office of the President becomes vacant,
the Governor may appoint a puisne judge of the court to be Acting President until the President returns to official duties or a person is appointed to the office of the President (as the case requires).
(3) Any power or duty attached to the office of the Chief Justice or President by or under this or any other Act—
(a) on the appointment of a judge to be Acting Chief Justice or Acting President, devolves on the judge so appointed; or
(b) if no such appointment is made, devolves—
(i) during the absence or inability of the Chief Justice or until a vacancy in the office of Chief Justice is filled—
(A) on the President; or
(B) if the President is absent or, for any reason, is unable for the time being to carry out the duties of the office—on the most senior of the puisne judges appointed to the Court of Appeal who is available to undertake those responsibilities; or
(ii) during the absence or inability of the President or until a vacancy in the office of President is filled—on the most senior of the puisne judges appointed to the Court of Appeal who is available to undertake those responsibilities.
(1) Where it appears necessary or desirable to do so in the interests of the administration of justice, the Governor may, subject to subsection (6)—
(a) appoint a person who is qualified for appointment as a puisne judge as an acting judge (either of the court or of the Court of Appeal); or
(b) appoint a person who is qualified for appointment as an Associate Justice as an acting Associate Justice.
(1a) A former judge or Associate Justice who has retired from office is eligible for appointment as an acting judge (of the court or of the Court of Appeal) or an acting Associate Justice.
(1b) An appointment under this section will be for a term not exceeding 12 months.
(2) The jurisdiction of the court is exercisable by an acting judge to the same extent as by a judge, and by an acting Associate Justice to the same extent as by an Associate Justice.
(3) An acting judge or acting Associate Justice has the same privileges and immunities as a judge or Associate Justice.
(5) An acting judge or an acting Associate Justice may, notwithstanding the expiration of the period of his appointment, complete the hearing of any proceedings part-heard by him before the expiration of that period and, in relation to any such proceedings, shall be deemed to continue as an acting judge, or acting Associate Justice.
(6) A District Court Judge or a Deputy President of the South Australian Civil and Administrative Tribunal or of the South Australian Employment Tribunal may not be appointed as an acting judge under subsection (1) except on the recommendation of the Chief Justice made with the concurrence of the Chief Judge of the District Court or of the President of the relevant Tribunal (as the case requires).
(1) The Chief Justice, the President and each puisne judge are entitled to salary and allowances at rates determined by the Remuneration Tribunal in relation to the respective offices.
(2) An Associate Justice is entitled to salary and allowances at the rates applicable to a District Court Judge.
(3) A rate of salary for a judge or Associate Justice cannot be reduced by determination of the Remuneration Tribunal.
(4) The remuneration of the judges and Associate Justices is payable from the General Revenue of the State, which is appropriated to the necessary extent.
The salaries of the judges, and of the officers of the court, shall be in lieu of all fees or other emoluments whatsoever, it being the intent of this Act that the judges and the officers of the court shall derive no emolument from any fees payable under the authority of this Act, but that such fees shall be paid to the Treasurer in aid of the general revenue of the State.
(1) A judge or Associate Justice shall retire on reaching the age of seventy years.
(2) Section 74 of the
Constitution Act 1934 shall be read subject to this section.(3) A judge or Associate Justice who retires or resigns may nevertheless complete the hearing and determination of proceedings part-heard by him before his retirement or resignation and, in relation to any such proceedings, shall be deemed to continue as a judge or Associate Justice (as the case may require).
(1) A judge may apply to the Chief Justice for special leave without remuneration.
(2) The Governor may, on the recommendation of the Chief Justice, grant an application for special leave under this section.
(3) A period of special leave under this section will not be taken to be judicial service within the meaning of the
Judges' Pensions Act 1971 .
(1) Subject to this section, the Governor may grant to any judge or Associate Justice immediately prior to his retirement not more than six months leave of absence on full salary.
(2) Where a judge or Associate Justice retires or resigns without taking any leave which had been or could have been granted to him under subsection (1) of this section, the Governor may direct that a cash payment be made to him in lieu of the leave not so taken. The payment shall not exceed the amount of the salary of the judge or Associate Justice for a period equal to the period of the leave not so taken, calculated at the rate at which he was being paid at the time of the retirement or resignation.
(3) A direction under subsection (2) of this section may be given before or after the retirement or resignation of the judge or Associate Justice and a payment under that subsection may be made before or after that retirement or resignation.
(4) If any judge or Associate Justice dies before the commencement or during the currency of any leave granted or before such leave has been granted pursuant to subsection (1) of this section the Governor may, in respect of the period of the leave so granted or the unexpired portion thereof, or in respect of the period of the leave which might have been granted (according to the circumstances of the case), pay to the dependants (if any) of such judge or Associate Justice the amounts of salary which would have been payable to such judge or Associate Justice himself if he had survived.
(4a) If the judge or Associate Justice died without leaving any dependants the Governor may pay the said amounts of salary to his personal representatives.
(4b) Any question as to—
(a) whether there are any dependants in any particular case, or who are the dependants;
(b) what dependant or dependants shall be entitled to the benefit of payments made under this subsection, and in what proportions if more than one dependant,
shall be settled by the Governor, as he deems proper.
(4c) In this section—
dependants means those members of the family of a judge or Associate Justice who were wholly or in part dependent upon his earnings at the time of his death;
domestic partner , in relation to a deceased judge or Associate Justice, means—
(a) a person declared under the
Family Relationships Act 1975 to have been the domestic partner of that judge or Associate Justice (as the case may be) as at the date of the judge's or Associate Justice's death; or(b) a person who was in a registered relationship with the judge or Associate Justice (as the case may be) as at the date of the judge's or Associate Justice's death;
members of the family includes spouse, domestic partner, parents, grandparents, step-parents, children, grandchildren, step-children, brothers, sisters, half-brothers and half-sisters;
registered relationship means a relationship that is registered under theRelationships Register Act 2016 , and includes a corresponding law registered relationship under that Act;
spouse —a person is the spouse of another if they are legally married.
(5) Where leave is granted to any judge or Associate Justice under this section, that judge or Associate Justice may, at the commencement of such leave, be paid the total salary which would be payable to him during the currency of the leave.
(6) This section shall not apply to a person who was, immediately before the commencement of the
Statutes Amendment (Administration of Courts and Tribunals) Act 1981 , the master or a deputy master of the court.
(1) The Governor may, on the recommendation of the Attorney‑General and with the concurrence of the Chief Justice, appoint a legal practitioner of at least 5 years standing to be a Supreme Court judicial registrar.
(2) The term of appointment (which must be for at least 7 years), the remuneration and the conditions of service applicable to a person holding an appointment under this section will be as determined by the Governor with the concurrence of the Chief Justice, and specified in the instrument of appointment.
(3) An appointment of a judicial registrar under this section will be taken to be on a full‑time basis unless the instrument of appointment provides that the appointment is on a part‑time basis.
(4) However, a judicial registrar not appointed on a part‑time basis may, by written agreement with the Chief Justice made with the approval of the Attorney‑General, perform the duties of office on a part‑time basis for a period specified in the agreement.
(5) An instrument appointing a judicial registrar on a part‑time basis or an agreement under subsection (4) must specify the hours of duty the judicial registrar will ordinarily be required to work, expressed as a proportion of the time a judicial registrar appointed on a full‑time basis is ordinarily required to work.
(6) The hours of duty specified in an instrument of appointment or an agreement under subsection (4) may be varied by written agreement between the judicial registrar and the Chief Justice made with the approval of the Attorney‑General.
(7) The remuneration determined by the Governor with the concurrence of the Chief Justice and specified in the instrument of appointment may not be reduced by subsequent determination.
(8) However, a judicial registrar (whether appointed on a full‑time or part‑time basis) is, while performing the duties of the office on a part‑time basis, entitled to remuneration on a pro‑rata basis in respect of the hours of duty at the rate determined by the Governor under this section in relation to a judicial registrar appointed on a full‑time basis.
(9) For the purpose of determining whether a legal practitioner has the standing necessary for appointment to the office of judicial registrar, periods of legal practice within and outside the State will be taken into account.
(10) A person appointed as a judicial registrar is, on the recommendation of the Attorney‑General and with the concurrence of the Chief Justice eligible for reappointment at the expiration of a term of office.
(11) A judicial registrar may, with the approval of the Attorney‑General and the concurrence of the Chief Justice, concurrently hold office as a member of the court's non‑judicial staff if the non‑judicial office is compatible with the judicial office.
(1) The Governor may, on the recommendation of the Attorney‑General, remove a judicial registrar from office for—
(a) mental or physical incapacity to carry out official duties satisfactorily; or
(b) neglect of duty; or
(c) dishonourable conduct.
(2) A judicial registrar ceases to hold office if the judicial registrar—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Attorney‑General; or
(d) ceases to satisfy any qualification by virtue of which the person was eligible for appointment to the office of judicial registrar; or
(e) is removed from office under subsection (1).
(3) The Attorney‑General may only make a recommendation under subsection (1) with the concurrence of the Chief Justice.
(4) The Chief Justice may, on the Chief Justice's own initiative or at the request of the Attorney‑General, suspend a judicial registrar from office if it appears that there may be grounds for the removal of the judicial registrar from office.
(5) If a judicial registrar is suspended under subsection (4), the judicial registrar remains entitled to the judicial registrar's usual remuneration and allowances during the period of suspension.
A judge, Associate Justice or judicial registrar of the court is not incapable of acting in judicial office in any proceeding by reason of being 1 of several ratepayers or taxpayers or 1 of any other class of persons liable in common with others to contribute to or be benefited by a rate or tax which may be increased, diminished or in any way affected by that proceeding.
(1) The court shall continue to have and use a seal bearing a device or impression of the Royal Arms, within an exergue or label surrounding the same, and with the following inscription: "Supreme Court, South Australia"; and the said seal shall be kept in the custody of the registrar.
(2) There shall also be kept and used such other seals as are required for the business of the court, and such seals shall be in such form and kept in such custody as the Chief Justice directs.
(3) All documents and exemplifications and copies thereof purporting to be sealed with any such seal shall be receivable in evidence without further proof of the seal.
The judges shall—
(a) assemble once at least in every year for the purpose of considering the operation of this Act and of the rules of court for the time being in force, and also the working of the several offices, and the arrangements relative to the duties of the officers of the court respectively, and of inquiring and examining into any defects which appear to exist in the system of procedure or the administration of the law in the said court; and
(b) report annually to the Attorney-General of the State what (if any) amendments it would, in their judgment, be expedient to make in this Act, or otherwise relating to the administration of justice, and what other provisions (if any) which cannot be carried into effect without the authority of Parliament, it would be expedient to make for the better administration of justice.
(1) The court shall be a court of law and equity.
(2) Subject to subsection (3), there is vested in the court in its General Division—
(a) the like jurisdiction, in and for the State, as was formerly vested in, or capable of being exercised by, all or any of the courts in England, following:
(i) The High Court of Chancery, both as a common law court and as a court of equity:
(ii) The Court of Queen's Bench:
(iii) The Court of Common Pleas at Westminster:
(iv) The Court of Exchequer both as a court of revenue and as a court of common law:
(v) The courts created by commissions of assize:
(b) such other jurisdiction, whether original or appellate, as is vested in, or capable of being exercised by the court:
(c) such other jurisdiction as is in this Act conferred upon the court.
(3) The court does not, in its General Division, have jurisdiction in respect of the matters that are, under section 19B, to be heard and determined by the Court of Appeal.
The court shall, in relation to probates and letters of administration, have the following jurisdiction, that is to say:
(a) The like voluntary and contentious jurisdiction and authority in and for the State in relation to the granting or revoking of probate of wills, and administration of the effects of deceased persons, as was vested in or exercisable by the Court of Probate established in England under the
Court of Probate Act 1857 , together with full authority to hear and determine all questions relating to testamentary causes and matters:(b) The like jurisdiction and powers with respect to the real estate of deceased persons as it has with respect to the personal estate of deceased persons:
(c) All probate jurisdiction which, under or by virtue of any enactment not repealed by this Act, is vested in or capable of being exercised by the court.
There shall be vested in the court—
(a) the like jurisdiction in relation to matrimonial causes and matters as was immediately before the commencement of the
Matrimonial Causes Act 1857 vested in or exercisable by any ecclesiastical court or person in England in respect of divorcea mensa et thoro , nullity of marriage, jactitation of marriage or restitution of conjugal rights, and in respect of any matrimonial cause or matter except marriage licences:(b) all such jurisdiction in relation to matrimonial causes and matters as under or by virtue of any enactment not repealed by this Act, is vested in or capable of being exercised by the court.
The Court of Appeal is established as a division of the Supreme Court.
The Court of Appeal has jurisdiction to hear and determine—
(a) subject to this or any other Act, all appeals from a single judge sitting in court as a judge; and
(b) subject to this or any other Act, and to the rules of court—all appeals from a single judge sitting in chambers; and
(c) all rules and orders to show cause returnable before the Court of Appeal; and
(d) all questions of law referred to or reserved for the consideration of, or directed to be argued before the Court of Appeal; and
(e) all causes and matters which are required by the rules of court, or by the express provision of any other Act, to be heard or determined by the Court of Appeal.
(1) Subject to this or any other Act, and to the rules of court, the Court of Appeal will be constituted of not less than 3 judges when hearing and determining any matter.
(2) If, in accordance with any Act or rules of court, the Court of Appeal may be constituted by 2 judges, a decision of the Court is to be in accordance with the opinion of those judges or, if the judges are divided in opinion, the proceedings are to be reheard and determined by the Court of Appeal constituted by 3 judges (including, if practicable, the 2 judges who first heard the proceedings).
In hearing and determining matters within the jurisdiction conferred by section 19B, the Court of Appeal has and may exercise any jurisdiction or powers—
(a) that the court has in its General Division; or
(b) that were exercisable by the Full Court of the Supreme Court immediately before the commencement of section 4(2) of the
Supreme Court (Court of Appeal) Amendment Act 2019 .
In every civil cause or matter commenced in the court, law and equity shall be administered by the court according to the provisions of the seven sections of this Act next following.
If a plaintiff claims to be entitled to any equitable estate or right, or to relief upon 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 formerly could only have been given by the court in its equitable jurisdiction, the court shall give to the plaintiff the same relief as ought formerly to have been given by the court in its equitable jurisdiction in a suit or proceeding properly instituted for the like purpose.
If a defendant claims to be entitled to any equitable estate or right, or to relief upon any equitable ground against any deed, instrument, or contract, or against any right, title, or claim asserted by any plaintiff in the cause or matter, or alleges any ground of equitable defence to any such claim of the plaintiff, the 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 court in its equitable jurisdiction ought formerly to have given if the same or the like matters had been relied on by way of defence in a suit or proceeding instituted in that court for the like purpose.
(1) The court 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 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 the same defendant against the same plaintiff; and
(b) all such relief relating to or connected with the original subject of the cause or matter, and in like manner claimed against any other person, whether already a party to the same cause or matter or not, who has been duly served with notice in writing of such claim, pursuant to any rules of 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.
The court shall recognise and 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 pending before it, in the same manner in which the said court in its equitable jurisdiction would formerly have recognised and taken notice of the same in any suit or proceeding duly instituted therein.
No cause or proceeding at any time pending in the court shall be restrained by prohibition or injunction, but every matter of equity on which an unconditional injunction against the prosecution of any such cause or proceeding might formerly have been obtained, may be relied on by way of defence thereto:
Provided that—
(a) nothing in this Act shall disable the court, if it thinks fit, 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 would formerly have been entitled to apply to the court, in any of its jurisdictions, 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 such cause or matter may have been taken, shall be at liberty to apply to the court, 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.
Subject to the provisions of this Act for giving effect to equitable rights and other matters of equity, the court shall recognise and give effect to all legal claims and demands, and all estates, titles, rights, duties, obligations, and liabilities, existing by the common law, or by any custom, or created by any statute, in the same manner as those matters would formerly have been recognised and given effect to by the court in any branch of its jurisdiction.
The court in every cause or matter pending before it shall have power to grant, and shall grant, either absolutely or on such reasonable terms and conditions as it deems just, all such remedies whatsoever as any of the parties thereto may appear to be entitled to in respect of every legal or equitable claim properly brought forward by them respectively, in such cause or matter, so that, as far as possible, all matters so in controversy between the parties may be completely and finally determined, and all multiplicity of legal proceedings concerning any of such matters avoided.
Subject to the express provisions of any other Act, 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 any conflict or variance between the rules of equity and the rules of common law with reference to the same matter, the rules of equity shall prevail in all the courts of the State, so far as the matters to which those rules relate, are cognizable by those courts.
29 Court may make orders to have effect of mandamus or injunction, and may appoint receivers
(1) The 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) Any such order may be made either unconditionally or upon such terms and conditions as the court thinks just.
(3) If an application is made (whether before, or at, or after the hearing of any cause or matter 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 order 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.
In any action arising out of the breach of any covenant, contract, or agreement, or instituted to prevent the commission or continuance of any wrongful act or for the specific performance of any covenant, contract, or agreement, the court shall have power to award damages to the party injured either in addition to or substitution for the injunction or specific performance, and those damages may be assessed by the court or in such manner as it directs.
Where in any action the court determines that a party (being an infant) is entitled to recover damages from another party, the court may by final or declaratory judgment finally determining the question of liability between the parties order payment of any amount or amounts of damages, direct to the plaintiff. Any acknowledgment or receipt in writing of any moneys paid on account of any such amount or amounts pursuant to a judgment under this section shall not if the court so orders be invalid merely on the ground that the person giving the same was under the age of twenty-one years at the time of his signing or giving the same.
(1) Where in any action the court determines that a party is entitled to recover damages from another party, it shall be lawful for the court to enter declaratory judgment finally determining the question of liability between the parties, in favour of the party who is entitled to recover damages as aforesaid, and to adjourn the final assessment thereof.
(2) It shall be lawful for the court when entering declaratory judgment and for any judge of the court at any time or times thereafter—
(a) to make orders that the party held liable make such payment or payments on account of the damages to be assessed as to the court seems just; and
(b) in addition to any such order or in lieu thereof, to order that the party held liable make periodic payments to the other party on account of the damages to be assessed during a stated period or until further order:
Provided, however, that where the declaratory judgment has been entered in an action for damages for personal injury, such payment or payments shall not include an allowance for pain or suffering or for bodily or mental harm (as distinct from pecuniary loss resulting therefrom) except where serious and continuing illness or disability results from the injury or except that, where the party entitled to recover damages is incapacitated or partially incapacitated for employment and being in part responsible for his injury is not entitled to recover the full amount of his present or continuing loss of earnings, or of any hospital, medical or other expenses resulting from his injury, the court may order payment or payments not to exceed such loss of earnings and expenses and such payment or payments may be derived either wholly or in part from any damages to which the party entitled to recover damages has, but for the operation of this proviso, established a present and immediate right or except where the judge is of opinion that there are special circumstances by reason of which this proviso should not apply.
(3) Any order for payment of moneys on account of damages made hereunder may be enforced as a judgment of the court.
(4) Where the court adjourns assessment of damages under this section, it may order the party held liable to make such payment into court or to give such security for payment of damages when finally assessed as it deems just.
(5) When damages are finally assessed credit shall be given in the final assessment for all payments which have been made under this section and the final judgment shall state the full amount of damages, the total of all amounts already paid pursuant to this section and the amount of damages then remaining payable, and judgment shall be entered for the last-named amount.
(6) Where the court adjourns assessment of damages under this section, any party to the proceedings may apply to any judge of the court at any time and from time to time—
(a) for an order that the court proceed to final assessment of the damages; or
(b) for the variation or termination of any order which may have been made for the making of periodic payments.
On the hearing of any such application the judge shall make such order as he considers just: Provided that, in an action for damages for personal injury, upon an application for an order that the court proceed to final assessment of damages, the Judge to whom such application is made shall not refuse such order if the medical condition of the party entitled to recover damages is such that neither substantial improvement nor substantial deterioration thereof is likely to occur or if a period of four years or more has expired since the date of the declaratory judgment unless the judge is of opinion that there are special circumstances by reason of which such assessment should not then be made.
(7) If it appears to the court that a person in whose favour declaratory judgment has been entered has without reasonable cause failed to undertake such reasonable medical or remedial treatment as his case might have required or require, it shall not award damages for such disability, pain or suffering as would have been remedied but for such failure.
(8) If at any time it appears to a judge that a person in whose favour declaratory judgment has been entered and who is incapacitated or partially incapacitated for employment, is not sincerely or with the diligence which should be expected of him in the circumstances of his case, attempting to rehabilitate himself for employment any payment or payments under subsection (2) of this section shall not include by way of allowance for loss of earnings a sum in excess of seventy-five per centum of such person's loss of earnings.
(9) —
(a) Notwithstanding anything in the
Survival of Causes of Action Act 1940 , when damages are finally assessed under this section for the benefit of the estate of a deceased person where the deceased person died after action brought and declaratory judgment has been entered in favour of such person, the damages finally assessed may include such damages in respect of any of the matters referred to in section 3 of that Act as the court deems proper.(b) Where a party dies after declaratory judgment has been entered in his favour but before final assessment of his damages in circumstances which would have entitled any person to recover damages,
solatium or expenses by action pursuant to Part 2 of theWrongs Act 1936 , it shall be lawful for the executor or administrator of the deceased to proceed in the same action for the recovery of such damages,solatium or expenses for the benefit of such person notwithstanding the declaratory judgment or that the deceased has received moneys thereunder, provided, however, that in any such proceedings all moneys paid to the deceased pursuant to the declaratory judgment in excess of any actual and subsisting pecuniary loss resulting to him from the wrongful act of the party held liable shall be deemed to have been paid towards satisfaction of the damages,solatium or expenses awarded pursuant to theWrongs Act 1936 and no further damages shall be payable in respect of the injury sustained by the deceased. In any proceedings hereunder, the declaratory judgment and any finding of fact made in the course of proceedings consequent thereupon shall enure as between the party held liable and the executor or administrator of the deceased.(c) Where a party dies in the circumstances referred to in the preceding paragraph of this subsection except that the death of the deceased is not wholly attributable to the personal injury, the subject of the declaratory judgment, but was accelerated thereby, it shall be lawful for proceedings to be taken and for the court to assess damages,
solatium or expenses as in the preceding paragraph but such damages,solatium or expenses shall be proportioned to the injury to the person for whom and for whose benefit the proceedings are taken resulting from such acceleration of death.(d) The court may, if the justice of a case so requires, assess damages under paragraph (a) of this subsection notwithstanding the commencement or prosecution of proceedings under paragraph (b) or (c) of this subsection and the damages so assessed shall be for the benefit of the estate of the deceased and no damages shall be awarded under paragraph (b) or (c) of this subsection.
(10) In the exercise of the powers conferred by this section the court shall have regard to the facts and circumstances of the particular case, as they exist from time to time, and any allowance, or the final assessment, as the case may be, shall be such as to the court may seem just and reasonable as compensation to the person actually injured or to his or her dependants as the case may be.
In an action for damages for personal injury, the court may, with the consent of the parties, make an order for damages to be paid wholly or in part in the form of periodic payments, by way of an annuity or otherwise, instead of in a lump sum.
(1) Unless good cause is shown to the contrary, the court shall, upon the application of a party in favour of whom a judgment for the payment of damages, compensation or any other pecuniary amount has been, or is to be, pronounced, include in the judgment an award of interest in favour of the judgment creditor in accordance with the provisions of this section.
(2) The interest—
(a) will be calculated at a rate fixed by the court; and
(b) will be calculated in respect of a period fixed by the court (which must, however, in the case of a judgment given on a liquidated claim, be the period running from when the liability to pay the amount of the claim fell due to the date of judgment unless the court otherwise determines); and
(c) is payable, in accordance with the court's determination, in respect of the whole or part of the amount for which judgment is given.
(3) Where a party to any proceedings before the court is entitled to an award of interest under this section, the court may, in the exercise of its discretion, and without proceeding to calculate the interest to which that party may be entitled in accordance with subsection (2) of this section, award a lump sum in lieu of that interest.
(4) This section does not—
(a) authorise the award of interest upon interest; or
(ab) authorise the award of interest upon exemplary or punitive damages; or
(b) apply in relation to any sum upon which interest is recoverable as of right by virtue of an agreement or otherwise; or
(c) affect the damages recoverable upon the dishonour of a negotiable instrument; or
(d) authorise the award of any interest otherwise than by consent upon any sum for which judgment is pronounced by consent; or
(e) limit the operation of any other enactment or rule of law providing for the award of interest.
No action or proceeding shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the court shall have power to make binding declarations of right whether any consequential relief is or could be claimed or not.
In any proceeding in which the court has power to order a sale of any real or personal property, the court shall have power, instead of ordering a sale, to make such order, as is just and convenient, for a mortgage of the property, with power of sale to the mortgagee; and, for the purpose of perfecting such mortgage, to order the execution of all deeds and documents in the same manner as in the case of a sale of property.
In any action for the foreclosure of the equity of redemption in any mortgaged property, and upon the request of the mortgagee, or of any subsequent encumbrancer, or of the mortgagor, or any person claiming under any such person, the court may direct a sale of the property, or a transfer of the mortgage debt and security, instead of a foreclosure of the equity of redemption, on such terms as the court thinks fit, and, if the court thinks fit, without previously determining the priorities of encumbrances, or giving the usual or any time to redeem: Provided that if the request is made by any subsequent encumbrancer, or by the mortgagor, or by any person claiming under such encumbrancer or mortgagor, no such sale shall be directed without the consent of the mortgagee or the persons claiming under him, unless the party making such request deposits in court a reasonable sum of money, to be fixed by the court, for the purpose of securing the performance of such terms as may be imposed on the party making such request.
(1) The court may, on the application of a party to proceedings or on its own initiative, issue a subpoena requiring a person to appear before the court at a specified time and place to give evidence or to produce evidentiary material (or both).
(2) A subpoena to produce evidentiary material may, instead of providing for production of the material before the court, provide for production of the material to an officer of the court nominated in the subpoena.
(3) If—
(a) a person fails to comply with a subpoena under subsection (1); or
(b) there are grounds for believing that, if such a subpoena were issued, a person would not comply with it,
the court may issue a warrant to have the person arrested and brought before the court.
(1) Any two or more judges of the court of whom the Chief Justice shall be one, may by commission under the seal of the court from time to time empower such persons as they think fit and necessary, whether within or outside the State, to take all such affidavits as any person desires to make before any person so empowered in or concerning any cause, matter or thing pending in the court.
(2) Every person so appointed shall be a commissioner for taking oaths in all causes and matters whatsoever in every jurisdiction of the court.
(1) For the purpose of any proceeding therein, the court may order a view or inspection of any land or chattel, and any judge, juryman, or other person authorised by the order, may enter on any land or premises which it is necessary or convenient to enter on for the purpose of such inspection.
(2) Every person in possession of any such land or premises shall allow such entry for the purposes aforesaid, and in case of any obstruction or refusal of such entry, the person or persons so obstructing or refusing such entry, shall be deemed guilty of a contempt of court, and be liable to punishment accordingly.
(1) If, on the application of the Attorney-General or any other interested person, the court is satisfied that a person has persistently instituted vexatious proceedings, the court may make either or both of the following orders:
(a) an order prohibiting the person by whom the vexatious proceedings were instituted from instituting further proceedings, or further proceedings of a particular class, without permission of the court;
(b) an order staying proceedings already instituted by that person.
(2) Where it appears to a prescribed court that there are proper grounds for an application under this section, it may refer the matter to the Attorney-General for consideration.
(3) An order under this section remains in force (subject to variation by the court)—
(a) if a period for the operation of the order is fixed—until the expiration of that period or the revocation of the order (whichever first occurs);
(b) if no such period is fixed—until revocation of the order.
(4) Where an order is made under this section, a copy of the order must be published in the Gazette.
(5) For the purposes of this section, proceedings are vexatious—
(a) if instituted to harass or annoy, to cause delay, or for any other ulterior purpose; or
(b) if instituted without reasonable ground.
(6) In this section—
prescribed court means—
(a) the Supreme Court; or
(b) any other court of the State; or
(c) the South Australian Employment Tribunal; and
(d) any other tribunal of the State prescribed by the regulations;
proceedings means civil or criminal proceedings instituted in a prescribed court.
(1) Subject to the express provisions of this Act, and to the rules of court, and to the express provisions of any other Act whenever passed, the costs of and incidental to all proceedings in the 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 such costs are to be paid.
(2) If—
(a) an action for the recovery of damages or any other monetary sum is brought in the court; and
(b) the action might have been brought in the District Court; and
(c) the plaintiff recovers less than an amount fixed by the rules for the purposes of this paragraph,
no order for costs will be made in favour of the plaintiff unless the court is of the opinion that it is just, in the circumstances of the case, that the plaintiff should recover the whole or part of the costs of action.
When any judgment or order for the payment of any costs or money has been made in any cause or matter, and the suit afterwards becomes abated, it shall be lawful for the court or a judge, upon the application of any person interested under the judgment or order, to make an order reviving the cause or matter, and permitting the applicant to prosecute and enforce the judgment or order, upon such terms (if any) as the court or judge thinks fit.
The division of the legal year into terms is abolished as far as relates to the administration of justice, and there shall be no terms applicable to any sitting or business of the court.
In all cases in which the terms, into which the legal year was formerly divided, are used as a measure for determining the time at or within which any act is required to be done, those terms may continue to be referred to for the same or the like purpose, unless provision is otherwise made by law.
Provision shall be made by rules of court for the hearing during vacation of all such applications as require to be immediately or promptly heard.
(1) The court may sit at any time (including a Sunday).
(2) The court may sit at any place (either within or outside the State).
(3) The court in its General Division will sit at such times and places as the Chief Justice may direct.
(3a) The Court of Appeal will sit at such times and places as the President may direct.
(4) Registries of the court will be maintained at such places as the Governor may determine.
The court may—
(a) adjourn proceedings from time to time and from place to place; or
(b) adjourn proceedings to a time, or a time and place, to be fixed; or
(c) order the transfer of proceedings from place to place.
Subject to any provision of an Act or any rule to the contrary, the court's proceedings must be open to the public.
The Governor may, by proclamation, require that sittings of the court (other than civil sittings) be held with a specified frequency in specified parts of the State.
(1) If the Chief Justice is satisfied that, by reason of—
(a) the complexity of a specified proceeding; and
(b) the limited availability of judges of the General Division,
it is necessary to assign a judge in the Court of Appeal to hear the proceeding, the Chief Justice may, after consultation with the President of the Court of Appeal, by instrument in writing, assign and authorise a judge in the Court of Appeal to hear and determine the proceeding.
(1a) The consultation between the Chief Justice and the President of the Court of Appeal referred to in subsection (1) will be conducted in accordance with a protocol approved by the Judges at a council of judges held pursuant to section 16.
(1b) Without limiting subsections (1) and (1a), if—
(a) the Chief Justice and the President agree that it is convenient for the purposes of the proper administration of the Court—
(i) that a judge or acting judge in the General Division act as a judge in the Court of Appeal; or
(ii) that a judge or acting judge in the Court of Appeal act as a judge in the General Division; and
(b) the particular judge or acting judge agrees to undertake such acting duties,
the Chief Justice may, by instrument in writing, authorise the judge to undertake such acting duties for a specified proceeding or for a period specified in the instrument of appointment.
(2) Subject to subsections (3) and (4), a judge may not be appointed to act in another division of the court in accordance with subsection (1b) for a period exceeding 12 months.
(3) A judge who has been appointed to act in another division of the court under subsection (1b) for a period of 12 months may, if the Attorney‑General consents, be reappointed for a further period not exceeding 12 months.
(4) A judge appointed to act in another division of the court under subsection (1b) may, despite the expiration of the period of the acting appointment, complete the hearing of any proceedings part‑heard by the judge before the expiration of that period and, in relation to any such proceedings, will be deemed to continue as an acting judge in that division of the court.
(1) Subject to this or any other Act, and to the rules of court, the jurisdiction vested in, or exercisable by the court, may be exercised by 1 or more judges sitting in court.
(2) The jurisdiction of the court may be exercised—
(a) by a judge in chambers; or
(b) by an Associate Justice or judicial registrar,
to the extent authorised by this or any other Act, or by the rules of court.
(1) Subject to the regulations, judicial registrars may exercise the jurisdiction of the court as assigned by the Chief Justice or the rules.
(2) If the court is constituted of a judicial registrar in criminal proceedings, the court—
(a) may not impose a sentence of imprisonment; and
(b) if of the opinion that the limitation on its powers imposed under this subsection prevents it from imposing an appropriate sentence—may adjourn the question of sentence for hearing and determination by a judge.
(1) The court constituted of a single judge, Associate Justice or judicial registrar may reserve a question of law for the consideration of the Court of Appeal.
(2) Subject to any express enactment the like powers may be exercised in relation to any appeal or matter whatsoever, which comes before a judge, under any enactment by which a judge of the court is designated as the judge, arbitrator, or person appointed to hear and determine the appeal or matter, notwithstanding that the determination of the judge is expressed to be final or without appeal.
(1) Subject to this section—
(a) an appeal lies to the Court of Appeal against a judgment of the court constituted of a single judge; and
(b) an appeal lies against a judgment of the court constituted of an Associate Justice.
(2) An appeal against a judgment of an Associate Justice or judicial registrar lies, if the rules so provide, to the Court of Appeal and otherwise to the court constituted of a single judge.
(2a) Subject to the rules, subsections (3) and (4)(a)(i) do not apply to an appeal against a judgment of a judicial registrar.
(3) No appeal lies against—
(a) an order allowing an extension of time to appeal from a judgment; or
(b) an order giving unconditional permission to defend an action; or
(c) a judgment that is, by statute, under the rules, or by agreement of the parties, final and without appeal.
(4) An appeal lies only with the permission of the court—
(a) from a judgment of any of the following classes:
(i) a judgment given by consent of the parties;
(ii) a judgment given by a single judge on appeal from a judgment of the Magistrates Court; or
(b) if the rules provide that the appeal lies by permission of the court.
(5) The rules cannot, however, require the court's permission for an appeal if the judgment under appeal—
(a) denies, or imposes conditions on, a right to defend an action; or
(b) deals with the liberty of the subject or the custody of an infant; or
(c) grants or refuses relief in the nature of an injunction or the appointment of a receiver; or
(d) is a declaration of liability or a final assessment of damages under section 30B; or
(e) makes a final determination of a substantive right.
Exception— If a judgment is given by a single judge on appeal from some other court or tribunal, the rules may require the court's permission for a further appeal to the Court of Appeal even though the judgment makes a final determination of a substantive right.
(6) In this section—
judgment includes—
(a) an order or direction; and
(b)
a decision not to make an order or direction.
(1) The practice and procedure in all criminal causes and matters, including the practice and procedure upon appeal, except as expressly altered by this Act, shall be the same as the practice and procedure in similar causes and matters before the passing of this Act.
(2) Proceedings in
quo warranto shall be deemed to be civil proceedings whether for the purposes of appeal or otherwise.
Save as is otherwise provided in this or any other Act, the practice and procedure of the court shall be as prescribed in the existing rules, and in all matters, for which no other provision is made, all forms and methods of procedure, which, under or by virtue of any law, general order or rules whatsoever, were formerly in force in the court, may continue to be used in the like cases and for the like purposes:
Provided that nothing in this section shall be deemed to affect the power of the judges to make rules of court repealing or altering the existing rules.
(1) Subject to and in accordance with the rules of court, the court constituted of a judge, Associate Justice or judicial registrar may, with or without the consent of the parties, or the registrar may, with the consent of the parties, appoint a mediator and refer a civil proceeding or any issues arising in a civil proceeding for mediation by the mediator.
(2) A mediator appointed under this section has the privileges and immunities of a judge and such of the powers of the court as the court may delegate.
(3) A mediator appointed under this section must not, except as required or authorised to do so by law, disclose to another person any information obtained in the course or for the purposes of the mediation.
(4) The court may itself endeavour to achieve a negotiated settlement of a civil proceeding or resolution of any issues arising in a civil proceeding.
(5) A judge, Associate Justice or judicial registrar who attempts to settle a proceeding or to resolve any issues arising in a proceeding is not disqualified from taking further part in the proceeding but will be so disqualified if he or she is appointed as a mediator in relation to the proceeding.
(6) Evidence of anything said or done in an attempt to settle a proceeding by mediation under this section is not subsequently admissible in the proceeding or in related proceedings.
(7) If a case is settled under this section, the terms of the settlement may be embodied in a judgment.
(1) The court may refer a civil proceeding or any issues arising in a civil proceeding for trial by an arbitrator.
(2) The arbitrator may be appointed either by the parties to the proceeding or by the court.
(3) The arbitrator becomes for the purposes of the reference an officer of the court and may exercise such of the powers of the court as the court delegates to the arbitrator.
(4) The court will, unless good reason is shown to the contrary, adopt the award of the arbitrator as its judgment on the action or issues referred.
(5) The costs of the arbitrator will be borne, in the first instance, equally by the parties or in such other proportions as the court may direct, but the court may subsequently order that a party be reimbursed wholly or in part by another party for costs incurred under this subsection.
(1) The court may refer any question arising in a civil proceeding for investigation and report by a referee who is an expert in the relevant field.
(2) A person to whom a question is referred under this section becomes for the purposes of the investigation an officer of the court and may exercise such of the powers of the court as the court delegates.
(3) The court may adopt a report obtained under this section in whole or part.
(4) The costs of the expert's investigation and report will be borne, in the first instance, equally by the parties or in such other proportions as the court may direct, but the court may subsequently order that a party be reimbursed wholly or in part by another party for costs incurred under this subsection.
(1) Subject to any rules of court, and to the right of having cases submitted to the verdict of a jury in accordance with the
Juries Act 1927 , the court may in any cause or matter before the court, in which it thinks it expedient so to do, call in the aid of one or more assessors, specially qualified, and try and hear such cause or matter wholly or partially, with the assistance of such assessors.(2) The remuneration, if any, to be paid to such assessors shall be determined by the court, and the sum so fixed shall be paid by the sheriff in the same manner as jury fees are paid.
(1) Rules of court may be made under this Act by any three or more judges of the Supreme Court for any of the following purposes:
(a) for regulating the sittings of the court, and of the judges sitting in chambers and the vacations to be observed by the court and the officers of the court;
(b) regulating the practice and procedure of the court (including in its appellate jurisdiction);
(c) for imposing mutual obligations on parties to proceedings in the court to disclose to each other the contents of expert reports or other material of relevance to the proceedings before the proceedings are brought to trial;
(d) for regulating any matters relating to the referral of a proceeding or issues arising in a proceeding to a mediator or arbitrator, the conduct of mediations or arbitrations or the referral of questions for investigation and report by an expert (whether appointed under section 67 or otherwise);
(da) for regulating the making of bail applications, including limiting the making of bail applications to the court in circumstances where the application may be made to another court;
(e) for regulating and directing the means by which particular facts may be proved, and the mode in which evidence thereof may be given in any proceedings, or at any stage of the proceedings, and in relation to the purposes aforesaid for allowing examinations, affidavits, or depositions to be read at any trial or hearing, or in any cause or matter, or allowing secondary evidence to be given, and for providing that the court or a judge may give special directions or make special orders in relation to any of the matters aforesaid;
(ea) for empowering the court—
(i) to order the carrying out of a biological or other scientific test that may be relevant to the determination of a question before the court; and
(ii) to include in such an order directions about the carrying out of the test and, in particular, directions requiring a person (including a party to the proceedings) to submit to the test or to have a child or other person who is not of full legal capacity submit to the test; and
(iii) if a party is required to submit to the test, or to have another submit to the test—to include in the order a stipulation that, if the party fails to comply with the order, the question to which the test is relevant will be resolved adversely to the party;
(f) for empowering Associate Justices or judicial registrars to do any such thing and to transact any such business and to exercise any such authority and jurisdiction in respect of the same, including the jurisdiction to refer a bill of costs for adjudication, or to refer any other matter to an Associate Justice, as by virtue of any statute, custom, or rule or practice of court may be done, transacted, or exercised by a judge;
(g) for regulating any matters relating to the business, authority and jurisdiction that may be transacted or exercised by the Associate Justices or judicial registrars;
(h) for regulating the duties of the officers of the court and the costs of proceedings therein (including the costs to be allowed to practitioners of the court in respect of business transacted in the court or the offices thereof), and the conduct of any business coming within the cognizance of the court, for which provision is not expressly made by any Act;
(i) for conferring on the registrar or other member of the non-judicial staff of the court the power to adjudicate costs;
(j) for regulating the admission of barristers, solicitors, attorneys, and proctors of the court;
(k) and generally for any purpose mentioned in this Act or for carrying its provisions into effect.
(2) The power to make rules conferred by this section shall be deemed to include power to make rules in respect of any jurisdiction conferred upon the court or a judge thereof by any Act whenever passed.
(3) Where any provisions in respect of the practice or procedure of the court are contained in this or any other Act of Parliament, or in general orders or rules made under the authority of any Act, rules of court may be made for modifying such provision to any extent that may be deemed necessary.
(4) Rules of court made under this section take effect from the date of publication in the Gazette or some later date specified in the rules.
(1) There shall be a registrar of the court.
(2) No registrar shall be appointed, dismissed or reduced in status, nor shall the office of registrar be abolished, except upon the recommendation, or with the concurrence, of the Chief Justice.
(3) The registrar is the court's principal administrative officer.
(3a) The registrar may, in addition to exercising the functions and duties assigned to him or her by this Act or any other Act, exercise any procedural or non-judicial powers of the court assigned by the Chief Justice or by rules of court under this or any other Act.
(4) The registrar shall, in relation to the performance and discharge of his functions and duties (so far as they relate to the business of the court), be subject to the control and direction of the Chief Justice.
(1) There will be such tipstaves of the court as are necessary.
(2) No tipstaff will be appointed except on the recommendation of the Chief Justice.
The tipstaves of the court shall be in attendance on the sittings of the court, and any tipstaff may, without warrant, apprehend and lodge in prison all persons who, by the court or any judge, are ordered to be apprehended or committed into prison for contempt of court or otherwise.
Every tipstaff shall perform all such other duties as from time to time are by the court or a judge or rules of court directed to be performed by him.
(1) The court shall have such other officers as are necessary for the administration of justice therein, and for the due execution of the judgments, decrees, orders, and processes thereof.
(2) Subject to subsection (3), no such other officer will be appointed except on the recommendation of the Chief Justice.
(3) The associates to the judges will be appointed and may be removed from office by the Chief Justice, but otherwise will be subject to the
Courts Administration Act 1993 in the same way as other staff of the court appointed under that Act.
Subject to this Act, the business to be performed in the court, or in the chambers of any judge, other than that performed by the judges, shall be distributed among the officers of the court, in such manner as is directed by rules of court, or, in any cases not provided for by rules of court, as the court or any judge thereof may direct, and such officers shall perform such duties in relation to such business as is directed by this Act or by rules of court, or by such court or any judge thereof; and, subject to this Act and such rules of court, all such officers respectively shall continue to perform the same duties as nearly as may be in the same manner as if this Act had not passed.
(1) The court's administrative and ancillary staff consists of—
(a) the registrar; and
(b) any other persons appointed to the non-judicial staff of the court.
(2) The court's administrative and ancillary staff (other than judges' associates) will be appointed under the
Courts Administration Act 1993 .
A member of the court's administrative or ancillary staff is responsible to the Chief Justice (through any properly constituted administrative superior) for the proper and efficient discharge or his or her duties.
(1) An Associate Justice, judicial registrar, mediator or assessor has the same privileges and immunities from liability as a judge.
(2) A non‑judicial officer of the court incurs no civil or criminal liability for an honest act or omission in carrying out or purportedly carrying out official functions.
(1) Where, by fault of two or more vessels, damage or loss is caused to one or more vessels, to their cargoes or freight, or to any property on board, the liability to make good the damage or loss shall be in proportion to the degree in which each vessel was in fault:
Provided that, if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally.
(2) Nothing in this section shall operate so as to render any vessel liable for any loss or damage to which her fault has not contributed.
(3) Nothing in this section shall affect the liability of any person under a contract of carriage or any contract, or shall be construed as imposing any liability upon any person from which he is exempted by any contract or by any provision of law or as affecting the right of any person to limit his liability in manner provided by law.
(4) For the purposes of this section, the expression
freight includes passage money and hire, and references to damage or loss caused by the fault of a vessel shall be construed as including references to any salvage or other expenses consequent upon that fault, recoverable at law by way of damages.
(1) Where loss of life or personal injuries are suffered by any person on board a vessel owing to the fault of that vessel and of any other vessel or vessels, the liability of the owners of the vessels shall be joint and several.
(2) Nothing in this section shall be construed as depriving any person of any right of defence on which, independently of this section, he might have relied in an action brought against him by the person injured or any person or persons entitled to sue in respect of such loss of life, or shall affect the right of any person to limit his liability in cases to which this section relates in the manner provided by law.
(1) Where loss of life or personal injuries are suffered by any person on board a vessel owing to the fault of that vessel, and any other vessel or vessels, and a proportion of the damages is recovered against the owner of one of the vessels which exceeds the proportion in which she was in fault, he may recover by way of contribution the amount of the excess from the owners of the other vessels to the extent to which those vessels were respectively in fault:
Provided that no amount shall be so recovered which could not, by reason of any statutory or contractual limitation of, or exemption from, liability, or which could not for any other reason, have been recovered in the first instance as damages by the persons entitled to sue therefor.
(2) In addition to any other remedy provided by law, the persons entitled to any contribution as provided by subsection (1) of this section shall, for the purpose of recovering the contribution, have subject to the provisions of this Act, the same rights and powers as the persons entitled to sue for damages in the first instance.
(1) All money, including costs, payable under any judgment or order shall bear interest at the rate from time to time prescribed by the rules of court.
(2) The interest shall be computed from the following times:
(a) in the case of money other than adjudicated costs, from the time specified in the judgment or order, and if no time is so specified from the date of the judgment or order;
(b) in the case of adjudicated costs, from the date of the certificate of the adjudicating officer by whom the costs were adjudicated or an earlier date specified by the adjudicating officer in the certificate.
(1) Any sheriff, gaoler, or other officer, having the custody of any prisoner, whose evidence is required in any action, trial, or proceeding, civil or criminal, shall upon receiving an order of a judge for that purpose, take such prisoner for examination before the court, or any judge thereof, or before any official or arbitrator or other person appointed to take any examination.
(2) Such an order may be obtained upon affidavit by the party requiring the attendance of such prisoner, and shall set forth the time when and place where such prisoner is to be taken for the purpose of the examination.
(3) The officer so ordered as aforesaid shall be entitled to be paid the like travelling and other expenses, and compensation for loss of time, as upon attendance at a trial.
(1) Any process of the court may be issued, served or executed on a Sunday as well as any other day.
(2) The validity of process is not affected by the fact that the person who issued it dies or ceases to hold office.
(1) If it is not practicable to serve any process, notice or other document relating to civil or criminal proceedings in the manner otherwise prescribed or contemplated by law, the court may, by order—
(a) provide for service by post; or
(b) make any other provision that may be necessary or desirable for service.
(2) Any process, notice or other document served in accordance with an order under subsection (1) will, despite any other law, be taken to have been duly served.
All suitors' funds shall be vested in the registrar on behalf of the court and shall be dealt with by him in accordance with this Act and the rules of court, and any order of the court or a judge.
All securities standing in court or at any time deposited in court shall be held by the registrar in trust to apply the same in accordance with law.
(1) The Treasurer shall be liable to make good to the suitors of the court all suitors' funds and securities in court, and for that purpose may by authority of this Act, and without any further appropriation, make any necessary payments out of the general revenue of the State.
(2) If the Chief Justice certifies to the Treasurer in writing that the registrar has failed to pay any money in court or to transfer or deliver any securities in court required by law or by any order of the court to be paid, transferred, or delivered by him, or has been guilty of any default with respect to any such money or securities, the Treasurer shall pay out of the general revenue to such persons as are named by the Chief Justice in the certificate, such sums as the Chief Justice certifies in writing to be required for the purpose of paying the money so required to be paid or of replacing the securities so required to be transferred or delivered, or of making good such default.
(1) All suitors' funds shall, as soon as practicable after payment into, or deposit in court, be paid into the Treasury or an ADI in Adelaide.
(2) Such funds or such part thereof as the rules direct shall be invested in such manner and at such times as the rules of court prescribe.
(3) The interest or other income from such investment shall be dealt with as prescribed by rules of court.
(4) Until rules of court are made under this section the law and practice relating to the deposit, payment, delivery and transfer in into and out of court of suitors' funds and securities which belong to suitors, shall continue as at the commencement of this Act.
1999 | 6 | | 11.3.1999 | 23.4.1999
( |
1999 | 33 | | 17.6.1999 | Sch
(item 57)—1.7.1999 being the date specified under s 3(16) of the |
1999 | 66 | | 18.11.1999 | Pt 3 (s
6)—3.1.2000 ( |
2001 | 69 | | 6.12.2001 | Pt 14
(s 32)—13.1.2002 ( |
2002 | 16 | | 5.9.2002 | Pt 4 (s
6)—1.12.2002 ( |
2003 | 44 | | 23.10.2003 | Sch 1—24.11.2003
( |
2004 | 23 | | 8.7.2004 | Pt 9 (s
27)—1.9.2004 ( |
2005 | 49 | | 27.10.2005 | Pt 6 (s
14)—19.12.2005 ( |
2006 | 17 | | 6.7.2006 | Pt 2
(ss 4—15)—4.9.2006 ( |
2006 | 43 | | 14.12.2006 | Pt 86
(s 212)—1.6.2007 ( |
2008 | 7 | | 17.4.2008 | Pt 7
(ss 27 & 28)—23.11.2008 ( |
2009 | 85 | | 10.12.2009 | Sch 1
(cl 34)—9.12.2011 ( |
2012 | 17 | | 24.5.2012 | Pt 12
(s 24)—5.8.2012 ( |
2013 | 9 | | 28.3.2013 | Pt 4
(ss 13 & 14) & Sch 1—5.5.2013 ( |
2013 | 11 | | 18.4.2013 | Pt 13
(s 28)—18.4.2013 ( |
2013 | 47 | | 24.10.2013 | Pt 8
(ss 11—13)—17.5.2014 ( |
2014 | 16 | | 6.11.2014 | Sch 9
(cl 7)—1.7.2015 ( |
2015 | 16 | | 6.8.2015 | Pt 7
(s 32)—1.7.2016 ( |
2015 | 41 | | 26.11.2015 | Pt 13 (s 54)—26.11.2015: s 2(1) |
2017 | 10 | | 11.4.2017 | Pt 5
(ss 32—42)—23.5.2017 ( |
2017 | 13 | | 26.4.2017 | Pt 14
(s 22)—1.8.2017 ( |
2017 | 18 | | 14.6.2017 | Sch 2
(cll 32, 33 & 41)—5.3.2018 ( |
2017 | 50 | | 28.11.2017 | Pt 5
(s 7)—5.3.2018 ( |
2017 | 53 | | 28.11.2017 | Pt 21
(s 32)—30.4.2018 ( |
2019 | 21 | | 19.9.2019 | Pt 16 (s 24)—19.9.2019: s 2(1) |
2019 | 45 | | 19.12.2019 | Pt 2
(ss 4 to 20) & Sch 1 (cl 89)—1.1.2021 ( |
2020 | 15 | | 11.6.2020 | Pt 5
(s 12)—1.1.2021 ( |
2023 | 30 | | 25.10.2023 | Sch 2
(cl 11)—1.1.2025 ( |
• Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 10 of The Public General Acts of South Australia 1837-1975 at page 718.
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision | How varied | Commencement |
Pt A1 | heading inserted by 44/2003 s 3(1) (Sch 1) | 24.11.2003 |
| amended by 44/2003 s 3(1) (Sch 1) | 24.11.2003 |
| ||
| ||
| s 5 redesignated as s 5(1) by 34/1981 s 6(e) | 1.7.1981 |
| ||
| inserted by 45/2019 s 4(1) | 1.1.2021 |
| inserted by 84/1995 s 19 | 21.12.1995 |
| ||
| amended by 45/2019 s 4(3) | 1.1.2021 |
| inserted by 10/2017 s 32(1) | 23.5.2017 |
| substituted by 34/1981 s 6(a) | 1.7.1981 |
| ||
| ||
| substituted by 17/2006 s 4(2) | 4.9.2006 |
| amended by 17/2006 s 4(3) | 4.9.2006 |
| inserted by 45/2019 s 4(4) | 1.1.2021 |
| inserted by 34/1981 s 6(c) | 1.7.1981 |
amended by 10/2017 s 32(2) | 23.5.2017 | |
| substituted by 34/1981 s 6(d) | 1.7.1981 |
| inserted by 34/1981 s 6(e) | 1.7.1981 |
Pt 1 | ||
| inserted by 45/2019 s 5 | 1.1.2021 |
| substituted by 34/1981 s 7 | 1.7.1981 |
| substituted by 10/2017 s 33(1) | 23.5.2017 |
substituted by 45/2019 s 6 | 1.1.2021 | |
| inserted by 45/2019 s 6 | 1.1.2021 |
| substituted by 10/2017 s 33(2) | 23.5.2017 |
| inserted by 69/1991 s 9(a) | 6.7.1992 |
| ||
| ||
| inserted by 45/2019 s 7 | 1.1.2021 |
| inserted by 34/1981 s 8 | 1.7.1981 |
| inserted by 95/1988 Sch 1 | 15.12.1988 |
| substituted by 34/1981 s 9 | 1.7.1981 |
| amended by 45/2019 s 8 | 1.1.2021 |
| ||
| ||
| inserted by 67/1996 s 34 | 17.10.1996 |
| inserted by 45/2019 s 9 | 1.1.2021 |
| substituted by 11/2013 s 28 | 18.4.2013 |
substituted by 45/2019 s 10 | 1.1.2021 | |
| substituted by 34/1981 s 10 | 1.7.1981 |
| ||
| substituted by 70/1985 s 3(a) | 1.8.1985 |
amended by 45/2019 s 11(1) | 1.1.2021 | |
| inserted by 70/1985 s 3(a) | 1.8.1985 |
substituted by 95/1988 Sch 1 | 15.12.1988 | |
amended by 45/2019 s 11(2) | 1.1.2021 | |
| inserted by 95/1988 Sch 1 | 15.12.1988 |
| ||
| ||
| ||
| ||
| inserted by 70/1985 s 3(c) | 1.8.1985 |
substituted by 45/2019 s 11(3) | 1.1.2021 | |
| substituted by 34/1981 s 11 | 1.7.1981 |
substituted by 92/1982 s 3(1) | 28.10.1982 | |
amended by 59/1985 s 21 | 13.6.1985 | |
substituted by 95/1988 Sch 1 | 15.12.1988 | |
| ||
| amended by 45/2019 s 12 | 1.1.2021 |
| ||
| ||
| ||
| amended by 53/1980 s 2 | 3.7.1980 |
substituted by 34/1981 s 12 | 1.7.1981 | |
| ||
| ||
| ||
| inserted by 34/1981 s 12 | 1.7.1981 |
deleted by 75/1993 s 27 | 1.1.1994 | |
inserted by 43/1994 s 22 | 9.6.1994 | |
| ||
| ||
| amended by 82/1982 s 2(a) | 16.9.1982 |
| amended by 82/1982 s 2(b), (c) | 16.9.1982 |
| amended by 82/1982 s 2(a) | 16.9.1982 |
| amended by 82/1982 s 2(a) | 16.9.1982 |
| s 13H(4) second sentence amended by 82/1982 s 2(a) | 16.9.1982 |
s 13H(4) second sentence redesignated as s 13H(4a) by 44/2003 s 3(1) (Sch 1) | 24.11.2003 | |
| s 13H(4) third sentence amended and redesignated as s 13H(4b) by 44/2003 s 3(1) (Sch 1) | 24.11.2003 |
| s 13H(4) fourth sentence amended and redesignated as s 13H(4c) by 44/2003 s 3(1) (Sch 1) | 24.11.2003 |
| ||
| inserted by 43/2006 s 212(1) | 1.6.2007 |
substituted by 13/2017 s 22(1) | 1.8.2017 | |
| amended by 43/2006 s 212(2) | 1.6.2007 |
| inserted by 13/2017 s 22(2) | 1.8.2017 |
| inserted by 43/2006 s 213(3) | 1.6.2007 |
| amended by 82/1982 s 2(a) | 16.9.1982 |
| inserted by 82/1982 s 2(d) | 16.9.1982 |
| inserted by 10/2017 s 34 | 23.5.2017 |
| amended by 34/1981 s 13 | 1.7.1981 |
substituted by 10/2017 s 35 | 23.5.2017 | |
| ||
| amended by 34/1981 s 14 | 1.7.1981 |
Pt 2 | ||
Pt 2 Div 1 | heading substituted by 44/2003 s 3(1) (Sch 1) | 24.11.2003 |
heading substituted by 45/2019 s 13 | 1.1.2021 | |
| ||
| amended by 45/2019 s 14(1) | 1.1.2021 |
| inserted by 45/2019 s 14(2) | 1.1.2021 |
| substituted by 30/2023 Sch 2 cl 11 | 1.1.2025—not incorporated |
Pt 2 Div 1A | inserted by 45/2019 s 15 | 1.1.2021 |
Pt 2 Div 2 | heading substituted by 44/2003 s 3(1) (Sch 1) | 24.11.2003 |
| amended by 17/2006 s 5 | 4.9.2006 |
| amended by 17/2006 s 6 | 4.9.2006 |
| ||
| amended by 17/2006 s 7 | 4.9.2006 |
Pt 2 Div 3 | heading substituted by 44/2003 s 3(1) (Sch 1) | 24.11.2003 |
| inserted by 16/2002 s 6 | 1.12.2002 |
| ||
| substituted by 62/1993 s 4 | 28.10.1993 |
| ||
| deleted by 69/1991 s 9(b) | 6.7.1992 |
inserted by 43/1994 s 23 | 9.6.1994 | |
| ||
| substituted by 80/1987 s 2 | 9.11.1987 |
| amended by 84/1995 s 20 | 21.12.1995 |
amended by 17/2006 s 8 | 4.9.2006 | |
| amended by 23/2004 s 27(1) | 1.9.2004 |
| substituted by 23/2004 s 27(2) | 1.9.2004 |
| amended by 16/2014 Sch 9 cl 7 | 1.7.2015 |
| ||
| inserted by 69/1991 s 9(c) | 6.7.1992 |
Pt 3 | ||
| substituted by 67/1996 s 35 | 17.10.1996 |
| amended by 45/2019 s 16(1) | 1.1.2021 |
| inserted by 45/2019 s 16(2) | 1.1.2021 |
| substituted by 67/1996 s 35 | 17.10.1996 |
| inserted by 67/1996 s 35 | 17.10.1996 |
| amended by 34/1981 s 15 | 1.7.1981 |
substituted by 45/2019 s 17 | 1.1.2021 | |
| ||
| ||
| ||
| ||
| ||
| ||
| ||
| ||
| substituted by 45/2019 s 17 | 1.1.2021 |
| ||
| ||
| inserted by 10/2017 s 37 | 23.5.2017 |
| ||
| substituted by 17/2006 s 10 | 4.9.2006 |
amended by 10/2017 s 38 | 23.5.2017 | |
amended by 45/2019 s 18 | 1.1.2021 | |
| ||
| ||
| ||
| ||
| substituted by 17/2006 s 11 | 4.9.2006 |
| amended by 45/2019 s 19 | 1.1.2021 |
| amended by 10/2017 s 39(1) | 23.5.2017 |
amended by 45/2019 s 19 | 1.1.2021 | |
| inserted by 10/2017 s 39(2) | 23.5.2017 |
| amended by 45/2019 s 19 | 1.1.2021 |
| ||
| ||
| ||
| ||
| ||
| ||
| ||
| ||
| ||
| ||
| ||
| ||
| ||
| ||
| ||
| ||
Pt 4 | ||
| ||
| substituted by 46/1996 s 10 | 30.9.1996 |
| amended by 17/2012 s 24 | 5.8.2012 |
amended by 10/2017 s 40(1) | 23.5.2017 | |
| amended by 10/2017 s 40(2) | 23.5.2017 |
| substituted by 46/1996 s 10 | 30.9.1996 |
| ||
| ||
| ||
| ||
| ||
| amended by 34/1981 s 19 | 1.7.1981 |
amended by 2/1983 s 2 | 14.4.1983 | |
amended by 69/1991 s 9(d) | 6.7.1992 | |
amended by 46/1996 s 11 | 30.9.1996 | |
amended by 6/1999 s 3 | 23.4.1999 | |
amended by 44/2003 s 3(1) (Sch 1) | 24.11.2003 | |
amended by 17/2006 s 14 | 4.9.2006 | |
amended by 47/2013 s 12(1), (2) | 17.5.2014 | |
amended by 10/2017 s 41(1)—(3) | 23.5.2017 | |
amended by 15/2020 s 12 | 1.1.2021 | |
| substituted by 21/1994 s 30 | 7.7.1994 |
Pt 6 | heading substituted by 34/1981 s 20 | 1.7.1981 |
| ||
Pt 6 Div 1 | heading inserted by 44/2003 s 3(1) (Sch 1) | 24.11.2003 |
| substituted by 34/1981 s 21 | 1.7.1981 |
| amended by 69/1991 s 9(e) | 6.7.1992 |
| substituted by 84/1995 s 21 | 21.12.1995 |
| inserted by 84/1995 s 21 | 21.12.1995 |
| ||
| ||
| ||
| ||
Pt 6 Div 2 | heading substituted by 44/2003 s 3(1) (Sch 1) | 24.11.2003 |
| amended by 34/1981 s 23 | 1.7.1981 |
substituted by 85/1995 s 15 | 14.12.1995 | |
Pt 6 Div 3 | heading substituted by 44/2003 s 3(1) (Sch 1) | 24.11.2003 |
| amended by 34/1981 s 24 | 1.7.1981 |
substituted by 85/1995 s 16 | 14.12.1995 | |
| ||
| inserted by 69/1991 s 9(f) | 6.7.1992 |
amended by 85/1995 s 17(a) | 14.12.1995 | |
(c) deleted by 85/1995 s 17(a) | 14.12.1995 | |
| substituted by 85/1995 s 17(b) | 14.12.1995 |
| inserted by 69/1991 s 9(f) | 6.7.1992 |
Pt 7 | ||
| inserted by 10/2017 s 42 | 23.5.2017 |
| amended by 21/2019 s 24 | 19.9.2019 |
| ||
| amended by 69/1991 s 9(g) | 6.7.1992 |
amended by 47/2013 s 13(1), (2) | 17.5.2014 | |
| ||
| ||
| amended by 17/2006 s 15 | 4.9.2006 |
| deleted by 56/1984 s 8 | 1.7.1984 |
inserted by 84/1995 s 22 | 21.12.1995 | |
| deleted 49/1991 Sch 2 | 6.7.1992 |
inserted by 84/1995 s 22 | 21.12.1995 | |
| ||
| amended by 34/1981 s 25(a) | 1.7.1981 |
| ||
| amended by 34/1981 s 25(b) | 1.7.1981 |
| ||
| ||
| amended by 34/1981 s 25(c) | 1.7.1981 |
| ||
| amended by 33/1999 Sch (item 57) | 1.7.1999 |
| amended by 34/1981 s 25(d) | 1.7.1981 |
| amended by 34/1981 s 25(e) | 1.7.1981 |
| amended by 34/1981 s 25(f), (g) | 1.7.1981 |
| inserted by 7/2008 s 27 | 23.11.2008 |
| amended by 16/2015 s 32(1) | 1.7.2016 |
| ||
| inserted by 16/2015 s 32(2) | 1.7.2016 |
| amended by 16/2015 s 32(3) | 1.7.2016 |
| amended by 34/1981 s 25(h) | 1.7.1981 |
| ||
| amended by 34/1981 s 25(i) | 1.7.1981 |
| ||
| amended by 33/1991 s 15 | 6.6.1991 |
| inserted by 2/1983 s 3 | 14.4.1983 |
| inserted by 50/2017 s 7(1) | 5.3.2018 |
| substituted by 69/2001 s 32(a) | 13.1.2002 |
| ||
| ||
| inserted by 69/1991 s 9(h) | 6.7.1992 |
| amended by 62/1993 s 5 | 1.7.1993 |
amended by 84/1995 s 23(a) | 21.12.1995 | |
| substituted by 84/1995 s 23(b) | 21.12.1995 |
amended by 49/2005 s 14 | 19.12.2005 | |
amended by 7/2008 s 28(1) | 23.11.2008 | |
amended by 85/2009 Sch 1 cl 34 | 9.12.2011 | |
amended by 11/2013 s 29(1) | 9.6.2013 | |
amended by 18/2017 Sch 2 cl 33 | 5.3.2018 | |
amended by 53/2017 s 32 | 30.4.2018 | |
| amended by 65/1995 Sch cl 4(a) | 21.12.1995 |
substituted by 84/1995 s 23(b) | 21.12.1995 | |
substituted by 7/2008 s 28(2) | 23.11.2008 | |
| inserted by 65/1995 Sch cl 4(b) | 21.12.1995 |
substituted by 84/1995 s 23(b) | 21.12.1995 | |
| inserted by 11/2013 s 29(2) | 9.6.2013 |
| inserted by 65/1995 Sch cl 4(b) | 21.12.1995 |
substituted by 84/1995 s 23(b) | 21.12.1995 | |
| inserted by 7/2008 s 28(3) | 23.11.2008 |
Sch | heading amended by 44/2003 s 3(1) (Sch 1) | 24.11.2003 |
(1) An appointment to a non-judicial office or position made or purportedly made before the commencement of this Act in accordance with an Act that is amended by this Act will be taken to have been duly made under the statutory provisions that, as amended by this Act, provide for the making of such an appointment as if this Act had been enacted and in force at the relevant time.
The amendments effected by this Act apply in relation to appeals instituted after the commencement of this Act, regardless of whether the offence to which the appeal relates was committed, or allegedly committed, before or after the commencement of this Act.
The amendments made by this Act apply to proceedings relating to an offence that are commenced after the commencement of this Act, regardless of when the offence occurred (and the Acts amended by this Act, as in force before the commencement of this Act, continue to apply to proceedings that were commenced before the commencement of this Act).
The following provisions apply to the interpretation of Acts and instruments (whether of a legislative character or not):
(a) a reference to the Full Court of the Supreme Court will be construed as a reference to the Court of Appeal Division of the Supreme Court;
(b) a reference to the Land and Valuation Court will be construed as a reference to the Supreme Court.
Reprint No 1—15.1.1992 |
Reprint No 2—6.7.1992 |
Reprint No 3—1.7.1993 |
Reprint No 4—28.10.1993 |
Reprint No 5—1.1.1994 |
Reprint No 6—9.6.1994 |
Reprint No 7—7.7.1994 |
Reprint No 8—21.12.1995 |
Reprint No 9—30.9.1996 |
Reprint No 10—17.10.1996 |
Reprint No 11—23.4.1999 |
Reprint No 12—1.7.1999 |
Reprint No 13—3.1.2000 |
Reprint No 14—13.1.2002 |
Reprint No 15—1.12.2002 |
Reprint No 16—24.11.2003 |
1.9.2004 |
19.12.2005 |
4.9.2006 |
1.6.2007 |
23.11.2008 |
9.12.2011 |
5.8.2012 |
18.4.2013 |
5.5.2013 |
9.6.2013 |
17.5.2014 |
1.7.2015 |
26.11.2015 |
1.7.2016 |
23.5.2017 |
1.8.2017 |
5.3.2018 |
30.4.2018 |
19.9.2019 |
1.1.2021 |
26.8.2024 (electronic only) |
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0
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