Supreme Court Act 1970 (NSW)

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An Act to provide for the concurrent administration of law and equity in the Supreme Court; to amend and consolidate the law with respect to the administration of justice and the procedure and practice of the Supreme Court; to repeal the Common Law Procedure Act 1899, the Equity Act 1901 and certain other Acts; to amend the Partnership Act 1892 and certain other Acts; and for purposes connected therewith.

Part 1PreliminaryDivision 1General1Name of Act

This Act may be cited as the Supreme Court Act 1970.

2Commencement(1)

Except as provided in subsection (2), this Act shall commence on a day to be appointed by the Governor and notified by proclamation published in the Gazette.

(2)

Part 9 shall commence on the date upon which the assent of Her Majesty to this Act is signified.

3The Crown(1)

Subject to this and any other Act, the Crown is bound by, and has the benefit of, this Act and the rules.

(2)

In subsection (1), Crown includes not only the Crown in right of New South Wales but also the Crown in all its other capacities.

4

(Repealed)

s 4: Am 1972 No 41, sec 3 (a); 1973 No 19, sec 4 (a). Rep 1985 No 28, Sch 1 (1).

5Repeals

Each Act mentioned in the First Schedule to this Act is, to the extent therein expressed, hereby repealed.

6Inconsistency with rules

Any Act in force immediately before the commencement of this Act which is inconsistent with the rules shall be superseded to the extent of such inconsistency and while such inconsistency continues to exist.

7

(Repealed)

s 7: Rep 1999 No 85, Sch 4.

8Construction of references(1)

In any Act, rule of court or regulation in force immediately before the commencement of this Act—

  • (a)

    a reference to the Court in Banco or to the Full Court or to the Court as a court consisting of two or more Judges shall be construed as a reference to the Court of Appeal,

  • (b)

    a reference to the Court or to a Judge in any of the jurisdictions specified in the First Column of the Table below or to the practice or procedure of the Court in any of those jurisdictions shall be construed as a reference to the Division specified opposite that jurisdiction in the Second Column of that Table or, as the case may be, to the practice or procedure in that Division—

    Table

    First Column

    Second Column

    Jurisdiction

    Division

    Common Law

    Common Law Division

    Equity

    Equity Division

    Probate

    Probate Division

    Matrimonial Causes

    Divorce Division

    Protective

    Protective Division

    Admiralty

    Admiralty Division

  • (c)

    a reference to the Judge exercising the matrimonial causes jurisdiction of the Court or appointed to exercise that jurisdiction shall be construed as a reference to the Chief Judge in Divorce,

  • (d)

    a reference to a writ, whether of prohibition, mandamus, or certiorari or of any other description by which the Court formerly had jurisdiction to grant any relief or remedy shall, subject to subsection (2), be construed as a reference to the judgment or order by which the Court may grant that relief or remedy under this Act and the rules,

  • (e)

    a reference to the Master in Equity or to the Master in the protective jurisdiction of the Court shall, subject to the rules, be construed as a reference to the master assigned to the Equity Division or, as the case may be, to the master assigned to the Protective Division or, where two or more masters are so assigned, to the senior master so assigned,

  • (f)

    a reference to the holder of an office named in the First Column of the Table below shall, subject to the rules, be construed as a reference to the holder of the office named in the Second Column of that Table opposite to the name of the firstmentioned office—

    Table

    First Column

    Second Column

    Prothonotary

    Prothonotary

    Deputy Master and Registrar in Equity

    Registrar in Equity

    Registrar of Probates

    Registrar in Probate

    Registrar in Divorce

    Registrar in Divorce

    Registrar in Admiralty

    Registrar in Admiralty

    Registrar of the Court of Appeal

    Registrar of the Court of Appeal

  • (g)

    a reference to the verdict or finding of a jury in any proceedings or on any issue in any proceedings on a trial with a jury shall, unless the context or subject matter otherwise indicates or requires, extend, in the case of proceedings on a common law claim tried without a jury pursuant to this Act, to the determination of the Court in the proceedings or on any such issue on a trial without a jury, and

  • (h)

    a reference to an action of ejectment in the Court shall be construed as a reference to proceedings in the Court for possession of land.

(2)

Paragraph (d) of subsection (1) does not apply to a reference to—

  • (a)

    the writ of habeas corpus ad subjiciendum,

  • (b)

    any writ of execution for the enforcement of a judgment or order of the Court, or

  • (c)

    any writ in aid of any such writ of execution.

s 8: Am 1972 No 41, sec 3 (b).

9Non-revivor

A repeal made by section 5 or an amendment made by section 7 shall not revive anything not in force or existing immediately before the commencement of this Act.

Division 2Abolition of certain matters10

(Repealed)

s 10: Rep 2005 No 28, Sch 5.47 [1].

11Distinction between court and chambers(1)

The distinction between court and chambers is abolished.

(2)

The business of the Court, whether conducted in court or otherwise, shall be taken to be conducted in court.

12Quo warranto

Informations in the nature of quo warranto are abolished.

Division 3Transition13Judges(1)

A person who immediately before the commencement of this Act held any office specified in the Table below shall subject to this Act continue to hold that office under this Act.

Table

Chief Justice

President of the Court of Appeal

Judge of Appeal

Chief Judge in Equity

Judge exercising the matrimonial causes jurisdiction of the Court

Probate Judge

Judge

(2)

The person who immediately before the commencement of this Act held the office of Judge exercising the matrimonial causes jurisdiction of the Court shall, on the commencement of this Act, be Chief Judge in Divorce.

s 13: Am 1972 No 41, sec 3 (c).

14Masters(1)

Notwithstanding section 111 and section 116, the holder immediately before the commencement of this Act of the office of Master in Equity is hereby—

  • (a)

    appointed to be a master under this Act, and

  • (b)

    assigned to the Equity Division and to the Protective Division.

(2)

Notwithstanding section 116—

  • (a)

    the assignment by paragraph (b) of subsection (1) shall not be revoked without the consent of the master concerned, and

  • (b)

    the master assigned to the Equity Division and to the Protective Division by that paragraph shall not be assigned to any other Division without the master’s consent.

(3)

(Repealed)

s 14: Am 1972 No 69, sec 4 (a); 1974 No 106, sec 3; 1994 No 32, Sch 3.

15Registrars and other officers

Notwithstanding section 120, the holder immediately before the commencement of this Act of each office named in the First Column in the Table in paragraph (f) of subsection (1) of section 8 is hereby appointed to the office under this Act named in the Second Column in that Table opposite to the name of the firstmentioned office, to hold office subject to the provisions of the Public Service Act 1902.

16Pending proceedings(1)

Subject to the rules, and unless the Court otherwise orders, this Act does not apply to, and the repeals and amendments made by this Act do not affect, any proceedings commenced in the Court before the commencement of this Act.

(2)

In particular, but without limiting the generality of subsection (1), subject to the rules, and unless the Court otherwise orders, in the case of any proceedings commenced in the Court before the commencement of this Act, this Act does not apply to, and the repeals and amendments made by this Act do not affect—

  • (a)

    the completion after the commencement of this Act of any step in the proceedings taken before the commencement of this Act, or

  • (b)

    the taking and completion after the commencement of this Act of any step in the proceedings.

(3)

Notwithstanding subsections (1) and (2)—

  • (a)

    sections 10 and 98 apply to proceedings commenced in the Court before the commencement of this Act,

  • (b)

    any person held in custody on the date of commencement of this Act under any attachment or committal (otherwise than for contempt of court) or under any writ of capias ad respondendum or writ of ne exeat or otherwise on mesne process or under any writ of capias ad satisfaciendum shall, unless there is other lawful warrant for holding the person in custody, be discharged from custody on the date of commencement of this Act, and

  • (c)

    no writ of foreign attachment under Part 20 of the Common Law Procedure Act 1899 shall be issued after the commencement of this Act.

(4)

For the purposes of this section—

  • (a)

    the expression proceedings includes—

    • (i)

      any cause, suit, application or matter in or before the Court or for decision or determination by the Court or any Judge of the Court, and

    • (ii)

      any appeal from, or other means of review (whether by way of stated case, statutory prohibition or otherwise) of, any decision or determination of any court, tribunal or person,

  • (b)

    the expression judgment includes any rule, decree or order, and

  • (c)

    the expression step includes—

    • (i)

      the entry or other perfecting of any judgment,

    • (ii)

      an appeal to the Court of Appeal,

    • (iii)

      an application for a new trial or for judgment notwithstanding a verdict,

    • (iv)

      a motion in arrest of judgment,

    • (v)

      a new trial,

    • (vi)

      the punishment of contempt in connection with the proceedings,

    • (vii)

      any thing done or to be done by way of execution or enforcement of a judgment in the proceedings,

    • (viii)

      interpleader by any person having the execution of a judgment in the proceedings,

    • (ix)

      an application for a stay of proceedings,

    • (x)

      any thing done or to be done in consequence of an appeal to Her Majesty in Council or to the High Court of Australia,

whether before or after final judgment.

(5)

The Court may make orders under this section on application by a party or of its own motion.

s 16: Am 1972 No 41, sec 3 (d); 1994 No 32, Sch 3.

Division 4Savings17Criminal proceedings(1)

Except as provided in this section this Act and the rules do not apply to any of the proceedings in the Court which are specified in the Third Schedule, and no claim for relief lies to the Court against an interlocutory judgment or order given or made in proceedings referred to in paragraph (a1) or (a2) of that Schedule.

(2)

Rules may be made under this Act—

  • (a)

    for regulating and prescribing the practice and procedure of the Court, and

  • (b)

    without limiting the generality of paragraph (a), for—

    • (i)

      providing for the regulation of the sittings and order of business of the Court and the regulation of the vacations and holidays to be observed by the Court and in the offices of the Court, and

    • (ii)

      prescribing the duties and functions of the Prothonotary and other officers of the Court and the records to be kept by them,

in relation to any of the proceedings in the Court which are specified in the Third Schedule.

(2A)

The provisions of this Act, including Part 9 (subsections (1) and (4) of section 124 excepted), apply in relation to rules made pursuant to subsection (2) as they apply in relation to other rules.

(3)

Subsection (1) does not affect the operation of sections 1, 2, 5, 6, 7, 41, 53, 54, 55, 72, 101 (5) and 130.

(4)

(Repealed)

s 17: Am 1972 No 41, sec 3 (e); 1979 No 88, Sch 1 (1); 1979 No 96, sec 7 (a); 1986 No 212, Sch 1; 1988 No 20, Sch 18 (1); 1996 No 111, Sch 1.8 [1]; 1999 No 85, Sch 2.65.

18Appeal to Privy Council(1)

Subject to subsection (2), nothing in this Act or in the rules affects the law formerly existing concerning appeals to Her Majesty in Council.

(2)

The provisions of this Act and the rules apply to proceedings in the Court for leave to appeal to Her Majesty in Council and to proceedings in the Court relating to such an appeal.

(3)

Subsection (2) has effect subject to Orders in Council from time to time in force under the Australian Courts Act 1828.

Division 5Interpretation19Definitions generally(1)

In this Act and in the rules, except in so far as the context or subject-matter otherwise indicates or requires—

claim for relief includes—

  • (a)

    a claim for the recovery of damages or other money, or for possession of land, or for delivery of goods,

  • (b)

    a claim for a declaration of right,

  • (c)

    a claim for the determination of any question or matter which may be determined by the Court, and

  • (d)

    any other claim (whether legal, equitable or otherwise) justiciable in the Court.

commencement, in relation to this Act, means the date appointed under subsection (1) of section 2.

common law claim means a claim for damages or other money, or for possession of land, or for detention of goods, in proceedings in the Common Law Division.

costs includes fees, charges, disbursements, expenses and remuneration.

Court means the Supreme Court of New South Wales.

defendant includes any person served with a statement of claim or summons, or served with notice of or entitled to attend any proceedings.

Division means a Division of the Court specified in paragraph (b) of section 38.

formerly means immediately before the commencement of this Act.

Judge means a Judge of the Court but does not include an associate Judge.

land includes messuages, tenements and hereditaments, corporeal and incorporeal, of any tenure or description, and whatever may be the estate or interest therein, whether vested or contingent, whether freehold or leasehold, and whether at law or in equity.

mandatory judicial retirement age means the maximum age at which a Judge or associate Judge is required by law to retire.

Note—

Section 44 of the Judicial Officers Act 1986 provided for a maximum retirement age for Judges and associate Judges of 72 years before its amendment by the Justice Legislation Amendment Act (No 3) 2018.

Section 44 of the Judicial Officers Act 1986, as amended, has increased the maximum retirement age for Judges and associate Judges to 75 years. Clause 9 of Schedule 6 to the Judicial Officers Act 1986 provides that the new retirement age does not apply to Judges and associate Judges holding office who were appointed before the amendments commenced unless they consent to the change applying to them as required by section 55 (2) of the Constitution Act 1902. The retirement age of 72 years continues to apply to Judges and associate Judges who do not consent to the increased retirement age applying to them.

minor means a person under the age of eighteen years.

prescribed means prescribed by the rules.

registrar means a person who is for the time being appointed to and holding an office of registrar, as referred to in section 119, and includes—

  • (a)

    a person who is for the time being appointed to act temporarily in an office of registrar (as referred to in section 120 (b)), and

  • (b)

    a person who is for the time being appointed as a deputy to the holder of an office of registrar (as referred to in section 120 (c)), whether designated as a deputy, assistant or otherwise, but only when the person is exercising a power conferred by or under this Act or the Criminal Appeal Act 1912 on the holder of an office of registrar with the authority of that holder or a person for the time being appointed to act temporarily in the office of that holder, and

  • (c)

    a person who is authorised under section 120A to exercise any power conferred by or under this Act or the Criminal Appeal Act 1912 on the holder of an office of registrar, but only when the person is exercising such a power.

rules means rules of the Court from time to time in force and includes—

  • (a)

    rules made by the Rule Committee, and

  • (b)

    rules that have effect, by virtue of section 122, as rules made by the Rule Committee, and

  • (c)

    any Schedule to rules of the Court.

stated case means a case stated by the Court in a Division under the rules or under any Act or a case stated under any Act by any other court or by any judge of any other court or other person for the opinion, decision, direction or determination of the Court, and includes—

  • (a)

    an award in the form of a case stated under section 9 of the Arbitration Act 1902, and

  • (b)

    a matter referred under section 85 of the Superannuation Act 1916.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2)

For the purposes of this Act and the rules, proceedings in the Court under an Act—

  • (a)

    are an appeal if described in that Act or in any regulation made under that Act as an appeal, and

  • (b)

    subject to the rules, are not an appeal if not so described.

(3)

Notes included in this Act do not form part of this Act.

s 19: Am 1972 No 41, sec 3 (f); 1977 No 120, sec 3 (a); 1989 No 226, Sch 1; 1994 No 32, Sch 3; 2000 No 93, Sch 2.53 [1] [2]; 2001 No 121, Sch 2.192 [1]; 2005 No 28, Sch 5.47 [2]; 2005 No 31, Sch 13 [1] [2]; 2018 No 87, Sch 2.8 [1].

20, 21

(Repealed)

s 20: Rep 1987 No 48, Sch 32.

s 21: Rep 2005 No 28, Sch 5.47 [1].

21AConstruction of references to Divorce Division

In any Act (including this Act), rule of court or regulation in force immediately before the commencement of section 4 of the Administration of Justice Act 1973, a reference to, or a reference to be construed as a reference to—

  • (a)

    the Divorce Division shall be construed as a reference to the Family Law Division,

  • (b)

    the Chief Judge in Divorce shall be construed as a reference to the Chief Judge of the Family Law Division, and

  • (c)

    the Registrar in Divorce shall be construed as a reference to the Registrar of the Family Law Division.

s 21A: Ins 1973 No 19, sec 4 (b).

Part 2The CourtDivision 1Continuance and jurisdiction22Continuance

The Supreme Court of New South Wales as formerly established as the superior court of record in New South Wales is hereby continued.

23Jurisdiction generally

The Court shall have all jurisdiction which may be necessary for the administration of justice in New South Wales.

24Court to have powers of Judges etc(1)

In this section special office means the office of Chief Judge in Equity, Chief Judge in Divorce, Probate Judge, and any other special judicial office in the Court.

(2)

Where, under the law in force immediately before the commencement of this Act, any power is vested in the Judges collectively, or in any two or more Judges, or in any Judge in special office, or in any Judge—

  • (a)

    that power shall be exercised by the Court in all respects as those Judges or that Judge might have exercised the power immediately before the commencement of this Act, but in accordance with this Act and the rules,

  • (b)

    the Court shall have power co-ordinate with the power of those Judges or that Judge, and

  • (c)

    subject to paragraphs (a) and (b), that power shall not be exercised by those Judges or that Judge.

(3)

Where, under the law in force immediately before the commencement of this Act, any power is vested in the Court, whether generally or in any jurisdiction of the Court, that power shall be exercised by the Court in all respects as the Court might have exercised the power immediately before the commencement of this Act, but in accordance with this Act and the rules.

(4)

This section has effect even though—

  • (a)

    in the case of a power vested in a Judge in special office, the special office has been abolished, whether before or after the commencement of this Act, or the special office is vacant,

  • (b)

    the power in question is vested in the Court as a designated Court, in the Judges collectively or any two or more Judges as designated persons, or in any Judge in special office or any Judge as a designated person, or

  • (c)

    exercise of the power is expressed under the law in force immediately before the commencement of this Act to be final or without appeal.

(5)

This section applies to a power which, immediately before the commencement of this Act, is exercisable by rule nisi or rule absolute in any proceedings or by other rule in the nature of an order or direction in any proceedings, but otherwise does not apply to a power to make rules.

(6)

This section does not apply to a power—

  • (a)

    vested in the Chief Justice as Chief Justice,

  • (b)

    vested in the Chief Judge in Equity in relation to the making of general orders under Division 1 of Part 24 of the Conveyancing Act 1919,

  • (c)

    (Repealed)

  • (d)

    vested in a Judge as chairman, or additional temporary chairman, of the Crown Employees Appeal Board,

  • (e)

    vested in a Judge in special office or other Judge as member (whether chairman or otherwise) of a board, committee or other body of persons not composed wholly of Judges.

(7)

The Governor may direct by proclamation published in the Gazette that this section shall not apply to any power specified in the proclamation, being a power arising under any Act or Imperial Act in force immediately before the commencement of this Act, and the proclamation shall have effect accordingly, but subject to section 41 of the Interpretation Act 1987.

(8)

Sections 40 and 41 of the Interpretation Act 1987 apply to a proclamation under subsection (7) in the same way as they apply to a statutory rule within the meaning of that Act.

(9), (10)

(Repealed)

s 24: Subst 1972 No 41, sec 4 (a). Am 1979 No 205, Sch 2, Part 1; 1987 No 48, Sch 32; 2009 No 56, Sch 4.71 [1] [2].

Division 2The Judges generally25Composition of Court

The Court shall be composed of a Chief Justice, a President of the Court of Appeal and such other Judges of Appeal, Judges and associate Judges as the Governor may from time to time appoint.

s 25: Am 2005 No 31, Sch 13 [3].

26Appointment and qualifications: Chief Justice and other Judges(1)

The Governor may, by commission under the public seal of the State, appoint any qualified person to be Chief Justice or a Judge.

(2)

A person is qualified for appointment as Chief Justice or as a Judge if the person—

  • (a)

    holds or has held a judicial office of this State or of the Commonwealth, another State or a Territory, or

  • (b)

    is an Australian lawyer of at least 7 years’ standing.

(3)

(Repealed)

s 26: Am 1972 No 41, sec 4 (b); 1984 No 153, Sch 16; 1991 No 34, Sch 3; 1993 No 87, Sch 5; 1996 No 17, Sch 5.16 [1]; 2001 No 108, Sch 5 [1]–[3] (am 2002 No 53, Sch 2.9); 2002 No 7, Sch 1 [1]; 2006 No 120, Sch 3.25 [1].

27Chief Judges(1)

The Governor may, by commission under the public seal of the State, appoint any Judge to be—

  • (a)

    Chief Judge of the Common Law Division (whose title is Chief Judge at Common Law), or

  • (b)

    Chief Judge of the Equity Division (whose title is Chief Judge in Equity).

(2)

A Judge may be appointed a Chief Judge either at the time of his or her appointment as a Judge or at any time afterwards.

(3)

A Chief Judge holds that office so long as he or she holds office as a Judge.

(4)

A Chief Judge may, with the approval of the Governor, resign that office without resigning his or her office as a Judge.

s 27: Rep 1986 No 100, Sch 4. Ins 1998 No 172, Sch 10 [1].

28List Judges(1)

The Chief Justice may, by instrument in writing, designate a Judge to be a List Judge within a Division.

(2)

A List Judge within a Division has (subject to any direction from the Chief Justice or the Chief Judge of the Division) the function of managing such class or classes of proceedings in the Division as may be specified in the instrument designating the Judge to be a List Judge or by the rules.

(3)

A Judge may be designated to be a List Judge within a Division under this section even though the Judge is not appointed or nominated to the Division. Any such Judge is taken to be appointed to the Division for the purposes of exercising his or her functions as a List Judge.

(4)

An instrument designating a Judge to be a List Judge may specify a title for the Judge to use while exercising the functions of a List Judge.

(5)

The Chief Justice may at any time, by instrument in writing, revoke a Judge’s designation as a List Judge.

(6)

The designation of a Judge to be a List Judge under this section does not affect the rank, title, status and precedence as a Judge that he or she had immediately before any such designation.

s 28: Subst 1972 No 41, sec 4 (c). Am 1973 No 19, secs 4 (c), 6 (1) (a); 1979 No 88, Sch 1 (2); 1987 No 209, Sch 35 (1); 1994 No 32, Sch 3. Subst 1998 No 172, Sch 10 [1].

28ASpecial provisions as to Chief Judges who are not Judges of Appeal(1)

This section applies to the Chief Judges, but does not apply to a Chief Judge who is a Judge of Appeal by virtue of having been appointed as such.

(2)

A Chief Judge to whom this section applies—

  • (a)

    shall, while holding that office, be deemed by virtue of this section to be an additional Judge of Appeal, and

  • (b)

    shall, while acting as an additional Judge of Appeal, have all the powers, authorities, privileges and immunities of a Judge of Appeal,

and the provisions of section 36 (4) and (5) apply to and in respect of that Chief Judge in the Chief Judge’s capacity as an additional Judge of Appeal under this section in the same way as they apply to and in respect of a Judge in the Judge’s capacity as an additional Judge of Appeal appointed or nominated under section 36.

(3)

The Chief Judges to whom this section applies shall have seniority, rank and precedence over all the Judges (including any Judge who is for the time being an additional Judge of Appeal otherwise than by virtue of this section) except the Chief Justice, the President of the Court of Appeal and the Judges of Appeal and over all persons who, in accordance with the provisions of any Act, have the same rank, title, status and precedence as a Judge of the Supreme Court.

(4)

The Chief Judges to whom this section applies shall have seniority, rank and precedence between themselves according to the dates of their relevant commissions.

(5)

If the relevant commissions of more than one of the Chief Judges to whom this section applies bear the same date they shall have seniority, rank and precedence according to the seniority, rank and precedence assigned to them by their relevant commissions, or failing any such assignment according to the order of their being sworn—

  • (a)

    in the case of a Judge referred to in subsection (7) (a)—as a Judge, or

  • (b)

    in the case of a Judge referred to in subsection (7) (b)—as Chief Judge.

(6)

If a Chief Judge to whom this section applies resigns his or her office as a Chief Judge without resigning his or her office as a Judge, he or she shall then have the seniority, rank, status and precedence he or she would have had if he or she had not been a Chief Judge.

(7)

In this section, a reference to the relevant commission is—

  • (a)

    in relation to a Judge holding office as Chief Judge immediately before the commencement of section 6 of the Administration of Justice Act 1973—a reference to the Judge’s commission as a Judge, or

  • (b)

    in relation to a Judge the date of whose commission as Chief Judge is later than the date of that commencement—a reference to the Judge’s commission as Chief Judge.

s 28A: Ins 1973 No 19, sec 6 (1) (b). Am 1994 No 32, Sch 3.

29Remuneration(1)

The Judges are entitled to be paid remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975.

(2)

The remuneration referred to in subsection (1) and payable to each Judge shall be paid to the Judge so long as the Judge’s commission continues in force.

(3)

However, a Judge is not entitled to the remuneration referred to in subsection (1) for any period for which the Judge is on leave without pay (being leave that is agreed to by the Judge).

s 29: Am 1972 No 41, sec 4 (d). Subst 1976 No 4, Sch 5. Am 1994 No 32, Sch 3; 2009 No 56, Sch 1.40.

30Interest in rate or tax(1)

The Chief Justice, a Judge of Appeal or a Judge shall not be incapable of acting in his or her judicial office in any proceedings, nor shall any associate Judge or registrar or other officer of the Court be incapable of acting in his or her office in any proceedings, by reason of his or her being as one of several ratepayers or as one of any other class of persons liable, in common with others, to contribute to or to be benefited by any rate or tax which may be increased, diminished or in any way affected by those proceedings.

(2)

In this section rate or tax means any rate, tax, duty or assessment whether public, general or local, and also any fund formed from the proceeds of any such rate, tax, duty or assessment, or applicable to the same or like purposes to which any such rate, tax, duty or assessment might be applied.

s 30: Am 1994 No 32, Sch 3; 2005 No 31, Sch 13 [4].

Division 3Judges of Appeal31Appointment(1)

The Governor may, by commission under the public seal of the State, appoint any Judge to be a Judge of Appeal.

(2)

A Judge may be appointed to be a Judge of Appeal either at the time of his or her appointment as a Judge or at any time afterwards.

(3)

A Judge of Appeal shall continue to be a Judge and may from time to time sit as or exercise any of the powers of a Judge.

(4)

A Judge who, at the time of his or her appointment as Judge of Appeal, holds the office of Chief Judge in Equity shall continue to hold that office and may sit as or exercise any of the powers and functions of the Chief Judge in Equity.

(5)

A Judge of Appeal shall hold office as a Judge of Appeal so long as he or she holds office as a Judge.

(6)

With the approval of the Governor, a Judge of Appeal may resign his or her office as Judge of Appeal without resigning his or her office as a Judge.

ss 31–33: Am 1994 No 32, Sch 3.

32Appointment of President(1)

The Governor may, by commission under the public seal of the State, appoint a Judge of Appeal to be President of the Court of Appeal.

(2)

A Judge of Appeal may be appointed to be President of the Court of Appeal at the time of his or her appointment as a Judge of Appeal or at any time afterwards.

ss 31–33: Am 1994 No 32, Sch 3.

33Seniority(1)

The Judge of Appeal shall have seniority, rank and precedence over all the Judges (including any Judge who is for the time being an additional Judge of Appeal) except the Chief Justice and over all persons who, in accordance with the provisions of any Act, have the same rank, title, status and precedence as a Judge of the Supreme Court.

(2)

The President of the Court of Appeal shall have seniority, rank and precedence over the Judges of Appeal referred to in paragraph (c) of section 42, and those Judges of Appeal shall have seniority, rank and precedence between themselves according to the dates (whether before or after the commencement of this Act) of their commissions as Judges of Appeal.

(3)

If the commissions of two or more Judges of Appeal bear the same date they shall have seniority, rank and precedence according to the seniority, rank and precedence assigned to them by their commissions, or failing such assignment according to the order of their being sworn.

(4)

If a Judge of Appeal resigns his or her office as a Judge of Appeal without resigning his or her office as a Judge, he or she shall then have, as a Judge, the seniority, rank, status and precedence he or she would have had if he or she had not been appointed a Judge of Appeal.

ss 31–33: Am 1994 No 32, Sch 3.

34Vacancies(1)

Where there is a vacancy in the office of President of the Court of Appeal, or the President is absent from duty, the senior of the other Judges of Appeal (except the Chief Justice) willing to act as President shall act as President, shall execute the duties of that office, and may exercise all the powers which may lawfully be exercised by the President.

(2)

The jurisdiction of the Court of Appeal shall not be affected by any vacancy in the office of Chief Justice or of President.

s 34: Am 1972 No 41, sec 4 (e); 1994 No 32, Sch 3.

Division 4Acting and additional appointments35Acting Chief Justice(1)

The Governor may, by commission under the public seal of the State, appoint the President of the Court of Appeal, any Judge of Appeal or any Judge to be Acting Chief Justice during such period as the Chief Justice is absent from duty or there is a vacancy in the office of the Chief Justice.

(1A)

While the Chief Justice is absent from Australia and an Acting Chief Justice has not been appointed under subsection (1), the President of the Court of Appeal is taken to be the Acting Chief Justice.

(1B)

The reference to the President of the Court of Appeal in subsection (1A) does not extend to any Judge of Appeal who is for the time being acting as President under section 34.

(2)

While holding office, the Acting Chief Justice shall have the powers, authorities, privileges, immunities and precedence, and shall fulfil the duties of the Chief Justice and is entitled to be paid remuneration at the rate provided for the Chief Justice.

s 35: Am 1976 No 4, Sch 5; 1994 No 32, Sch 3; 2007 No 56, Sch 8 [1] [2].

36Additional Judges of Appeal(1)

The Governor may, by commission under the public seal of the State, appoint any Judge to act as an additional Judge of Appeal during such period not exceeding six months as may be specified in the commission.

(2)

Whenever the Chief Justice certifies that in any proceeding before the Court of Appeal it is expedient that a Judge nominated in the certificate should act as an additional Judge of Appeal, the Judge so nominated may act as an additional Judge of Appeal for the purposes of that proceeding.

(3)

Every additional Judge of Appeal appointed or nominated pursuant to this section shall, while so acting, have all the powers, authorities, privileges and immunities and shall fulfil all the duties of a Judge of Appeal.

(4)

The fact that any Judge sits and acts as an additional Judge of Appeal shall be sufficient evidence of the Judge’s authority to do so, and no judgment or order of the Court of Appeal while the Judge so acts shall be questioned on the ground that the occasion for the Judge’s so acting had not arisen or had ceased to exist.

(5)

Every Judge who, pursuant to this section, has acted as an additional Judge of Appeal may attend the sittings of the Court of Appeal for the purpose of giving judgment in, or otherwise completing, any proceedings which have been heard by that Court while the Judge so acted, notwithstanding that the Judge is no longer an additional Judge of Appeal.

(6)

While a Judge attends a sitting to give a judgment or otherwise complete any proceedings under subsection (5) that have been heard while the Judge was acting as an additional Judge of Appeal, the Judge has all the entitlements and functions of a Judge of Appeal and, for the purpose of that judgment or those proceedings, is taken to continue to be a Judge of Appeal.

s 36: Am 1972 No 41, sec 4 (f); 1994 No 32, Sch 3; 1996 No 111, Sch 1.8 [2]; 2013 No 1, Sch 1.18 [1].

37Acting Judges(1)

The Governor may, by commission under the public seal of the State, appoint any qualified person to act as a Judge, or as a Judge and a Judge of Appeal, for a time not exceeding 5 years to be specified in such commission.

(2)

In subsection (1) qualified person means any of the following persons—

  • (a)

    a person qualified for appointment as a Judge of the Supreme Court of New South Wales,

  • (b)

    a person who is or has been a judge of the Federal Court of Australia,

  • (c)

    a person who is or has been a judge of the Supreme Court of another State or Territory.

(3)

A person appointed under this section shall, for the time and subject to the conditions or limitations specified in the person’s commission, have all the powers, authorities, privileges and immunities and fulfil all the duties of a Judge and (if appointed to act as such) a Judge of Appeal.

(3A)

The person so appointed may, despite the expiration of the period of the person’s appointment, complete or otherwise continue to deal with any matters relating to proceedings that have been heard, or partly heard, by the person before the expiration of that period.

(3AA)

While a person completes or otherwise continues under subsection (3A) to deal with any matters relating to proceedings that have been heard or partly heard by the person before the expiration of the period of the person’s appointment, the person has all the entitlements and functions of a Judge and, for the purpose of those proceedings, is taken to continue to be a Judge and (if the person was so appointed to act as such) a Judge of Appeal.

(3B)

The person so appointed is entitled to be paid remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975.

(3C)

The remuneration payable to an acting Judge is to be paid—

  • (a)

    so long as the acting Judge’s commission continues in force, or

  • (b)

    until the acting Judge has completed or otherwise dealt with matters (as referred to in subsection (3A)),

whichever is the later.

(4)

A retired Judge of the Court or of another court in New South Wales (including a retired judicial member of the Industrial Commission or of the Industrial Relations Commission) may be so appointed even though the retired Judge has reached the mandatory judicial retirement age (or will have reached that age before the appointment expires), but may not be so appointed for any period that extends beyond the day on which he or she reaches the age of 78 years.

(4A)

A retired Judge of the Federal Court of Australia or of the Supreme Court of another State or Territory may be so appointed even though the retired Judge has reached the age of 70 years (or will have reached that age before the appointment expires), but may not be so appointed for any period that extends beyond the day on which he or she reaches the age of 78 years.

(5)

The conditions or limitations specified in a commission under this section may exclude the whole or any part of the period of appointment from being regarded as prior judicial service (within the meaning of section 8 of the Judges’ Pensions Act 1953) by the person.

(6)

The provisions of section 36 (4) and (5) apply to an acting Judge who acts as a Judge of Appeal in the same way as they apply to a Judge who acts as an additional Judge of Appeal.

s 37: Am 1988 No 10, Sch 1 (1); 1989 No 89, Sch 1; 1989 No 169, Sch 8; 1990 No 56, Sch 1, Part 2; 1990 No 108, Sch 1; 1991 No 94, Sch 1; 1992 No 111, Sch 1; 1994 No 32, Sch 3; 1996 No 30, Sch 1.35 [1]; 1996 No 121, Sch 4.55; 2008 No 107, Sch 26; 2013 No 1, Sch 1.18 [2]; 2015 No 2, Sch 3.8 [1] [2]; 2016 No 54, Sch 1.16 [1] [2]; 2018 No 87, Sch 2.8 [2].

37ACertain Chief Judges of other courts may act as additional Judges of Appeal(1)

This section applies to each of the following Chief Judges (a designated Chief Judge)—

  • (a)

    the Chief Judge of the Land and Environment Court,

  • (b)

    the Chief Judge of the District Court.

(2)

A designated Chief Judge may act as an additional Judge of Appeal in relation to proceedings in the Court of Appeal if—

  • (a)

    the Chief Justice certifies that it is expedient that the Chief Judge should act as an additional Judge of Appeal in the proceedings, and

  • (b)

    the Chief Judge consents to act as an additional Judge of Appeal in the proceedings.

(3)

The following provisions apply to and in respect of a designated Chief Judge who acts as an additional Judge of Appeal pursuant to the provisions of this section—

  • (a)

    the Chief Judge has, while acting as an additional Judge of Appeal, all the powers, authorities, privileges and immunities of a Judge of Appeal (including the powers, authorities, privileges and immunities of a Judge of the Supreme Court),

  • (b)

    the Chief Judge may attend the sittings of the Court of Appeal for the purpose of giving judgment in, or otherwise completing, any proceedings which have been heard by the Court while the Chief Judge was acting as an additional Judge of Appeal even if the Chief Judge is no longer acting as an additional Judge of Appeal,

  • (c)

    the Chief Judge is not, while receiving remuneration as a Chief Judge, entitled to remuneration for acting as an additional Judge of Appeal,

  • (d)

    any service of the Chief Judge while acting as an additional Judge of Appeal is, for the purposes of the Act under which the Chief Judge was appointed and the Judges’ Pensions Act 1953, taken to be service as the Chief Judge of the court concerned,

  • (e)

    nothing in this Act or any other law requires the Chief Judge to devote the whole of his or her time to the duties of acting as an additional Judge of Appeal.

s 37A: Ins 2008 No 53, Sch 19.

37BLand and Environment Court Judges may act as Supreme Court Judges(1)

This section applies to the Chief Judge and each of the other Judges of the Land and Environment Court (an eligible judicial officer), but not to an acting Judge of that Court.

(2)

An eligible judicial officer may act as a Judge for a particular period or in relation to particular proceedings in the Court if—

  • (a)

    the Chief Justice certifies that it is expedient that the eligible judicial officer should act as a Judge of the Court for the period or in relation to the proceedings, and

  • (b)

    the eligible judicial officer consents to acting as a Judge for the period or in relation to the proceedings, and

  • (c)

    in the case where the eligible judicial officer is not the Chief Judge of the Land and Environment Court—the Chief Judge consents to the eligible judicial officer acting as a Judge for the period or in relation to the proceedings.

(3)

The following provisions apply to and in respect of an eligible judicial officer who acts as a Judge of the Court pursuant to the provisions of this section—

  • (a)

    the eligible judicial officer has, while acting as a Judge, all the powers, authorities, privileges and immunities of a Judge of the Supreme Court,

  • (b)

    the eligible judicial officer may attend the sittings of the Court for the purpose of giving judgment in, or otherwise completing, any proceedings which have been heard by the Court while the eligible judicial officer was acting as a Judge in the proceedings even if the eligible judicial officer is no longer acting as a Judge,

  • (c)

    the eligible judicial officer is not, while receiving remuneration as a Judge of the Land and Environment Court, entitled to remuneration for acting as a Judge of the Supreme Court,

  • (d)

    any service of the eligible judicial officer while acting as a Judge is taken for all purposes (including for the purposes of the Land and Environment Court Act 1979 and the Judges’ Pensions Act 1953) to be service as a Judge of the Land and Environment Court,

  • (e)

    nothing in this Act or any other law requires the eligible judicial officer to devote the whole of his or her time to the duties of acting as a Judge of the Supreme Court.

(4)

If the eligible judicial officer holds office as the Chief Judge of the Land and Environment Court, a reference in subsection (3) to remuneration or service as a Judge of the Land and Environment Court is to be read as a reference to remuneration or service in that office.

(5)

Nothing in this section limits the operation of section 37A, or of section 3 of the Criminal Appeal Act 1912, in their application to the Chief Judge of the Land and Environment Court.

s 37B: Ins 2010 No 63, Sch 1.14.

37C

(Repealed)

s 37C: Ins 2013 No 85, Sch 2.3 [1]. Rep 2016 No 48, Sch 2.34 [1].

Division 5Organisation38Divisions of Court

For the more convenient despatch of business, the Court shall be divided into—

  • (a)

    the Court of Appeal, and

  • (b)

    the following Divisions—

    • (i)

      the Common Law Division,

    • (ii)

      the Equity Division.

    • (iii)–(ix)

      (Repealed)

s 38: Am 1973 No 19, secs 4 (d), 7 (1) (a); 1979 No 88, Sch 1 (3); 1985 No 28, Sch 1 (2); 1998 No 172, Sch 10 [2].

39Intra-curial arrangements(1)

Intra-curial arrangements for the transaction by the Judges of Appeal of the business of the Court of Appeal shall be made by the President of the Court of Appeal with the concurrence of the Chief Justice.

(2)

Intra-curial arrangements for the transaction of the business of any Division, by the Judges appointed or nominated to that Division—

  • (a)

    may be made by all the Divisional Judges or by a majority of those of them present at a meeting summoned for that purpose and attended by at least ten of them,

  • (b)

    subject to any arrangement made as provided by paragraph (a), shall be made by the Chief Justice, and

  • (c)

    in the case of a Division of which there is a Chief Judge, but subject to any arrangement made as provided by paragraph (a) or paragraph (b), shall, subject to subsection (2A), be made by the Chief Judge.

(2A)

Subject to any arrangement made as provided by subsection (2) (a), a Chief Judge shall be responsible to the Chief Justice for, and be subject to the direction of the Chief Justice in respect of, the transaction of the business and the administration of the Chief Judge’s Division.

(3)

For the purposes of subsection (2) Divisional Judges means the Chief Justice and all the Judges except any Judge not appointed or nominated to a Division.

(4)

This section has effect notwithstanding section 124.

s 39: Am 1972 No 41, sec 4 (g); 1979 No 88, Sch 1 (4); 1994 No 32, Sch 3.

40Single Judge to constitute the Court(1)

All proceedings in any Division and all business arising out of proceedings in a Division shall be heard and disposed of before a Judge, who shall constitute the Court.

(2)

Subsection (1) does not affect the provisions of this Act and the rules concerning the hearing and disposal of proceedings and business before an associate Judge or before a registrar or other officer of the Court.

s 40: Am 1972 No 41, sec 4 (h); 2005 No 31, Sch 13 [5].

41Judges in the Divisions(1)

Subject to subsection (2), the jurisdiction of the Court shall be exercised in the Divisions as follows—

  • (a)

    in the Common Law Division by the Chief Judge at Common Law and such other Judges as may be nominated by the Chief Justice to act in that Division,

  • (b)

    in the Equity Division by the Chief Judge in Equity and such other Judge or Judges as may be nominated by the Chief Justice to act in that Division.

  • (c)–(h)

    (Repealed)

(2)

Any Judge may exercise the jurisdiction of the Court in any Division with all the power and authority of a Judge appointed or nominated under this or any other Act to act in that Division.

(3)

A Judge so appointed or nominated may be appointed or nominated to act concurrently in any other Division.

(4)

(Repealed)

s 41: Am 1972 No 41, sec 4 (i); 1973 No 19, secs 4 (e), 7 (1) (b), 10 (1); 1979 No 88, Sch 1 (5); 1985 No 28, Sch 1 (3); 1987 No 209, Sch 35 (2); 1998 No 172, Sch 10 [3].

Division 6The Court of Appeal42Composition

Subject to this Part, the Court of Appeal shall consist of—

  • (a)

    the Chief Justice who shall, by virtue of his or her office, be a Judge of Appeal and the senior member of the Court of Appeal,

  • (b)

    the President of the Court of Appeal, and

  • (c)

    such other Judges as are appointed to be Judges of Appeal.

s 42: Am 1994 No 32, Sch 3; 1999 No 91, Sch 2.

43Sittings(1)

Any 3 or more Judges of Appeal constitute the Court of Appeal.

(2)

At a sitting of the Court of Appeal at which the Chief Justice is present the Chief Justice shall preside.

(3)

In the absence of the Chief Justice, the President of the Court of Appeal shall preside.

(4)

In the absence of both the Chief Justice and the President, the senior Judge of Appeal present shall preside.

(5), (6)

(Repealed)

s 43: Am 1972 No 41, sec 4 (j); 1994 No 14, Sch 1 (1); 1994 No 32, Sch 3; 1995 No 88, Sch 1.8 [1].

43AMultiple sittings

More than one sitting of the Court of Appeal (constituted by 2 or more Judges of Appeal) may be held at the same time.

s 43A: Ins 1995 No 88, Sch 1.8 [2].

44Jurisdiction

The Court of Appeal may, in proceedings before it, exercise every power, jurisdiction or authority of the Court, whether at law or in equity or under any Act, Imperial Act or Commonwealth Act.

45Appeals(1)

The decision of the Court of Appeal shall be in accordance with the opinion of the majority of the Judges of Appeal present.

(2)

If the Judges of Appeal present are equally divided in opinion the decision of the Court of Appeal shall be in accordance with the opinion of the Chief Justice or other Judge of Appeal presiding.

(3)

(Repealed)

(4)

If, in dismissing an appeal, the Court of Appeal is of the unanimous opinion that the appeal does not raise any question of general principle, it may, in accordance with the rules, give reasons for its decision in short form.

s 45: Am 1989 No 226, Sch 1; 1996 No 111, Sch 1.8 [3]; 1999 No 39, Sch 7 [1].

45AAContinuation of appeal if one or more Judges unable to continue(1)

If an appeal is commenced before 3 or more Judges of Appeal and, before the appeal is determined, one or more of the Judges dies, resigns from office or otherwise becomes unable to continue as a member of the Court of Appeal for the purposes of the appeal, the hearing and determination of the appeal may be completed by the remaining Judges of Appeal so long as at least 2 Judges remain and the parties consent.

(2)

If the appeal concerned is to be heard and determined by only 2 Judges of Appeal and those Judges are divided in opinion—

  • (a)

    as to the decision determining the appeal—the appeal is to be reheard and determined by the Court of Appeal constituted by such 3 or more Judges of Appeal as the President of the Court of Appeal directs (including, if practicable, the 2 Judges of Appeal who completed the hearing of the appeal), or

  • (b)

    as to any other decision—the decision of the Court is to be in accordance with the opinion of the senior Judge present.

(3)

This section has effect despite any other provision of this Division.

s 45AA: Ins 1999 No 39, Sch 7 [2].

45AJudgment of Court of Appeal may be delivered by single Judge of Appeal(1)

When judgment in a proceeding in the Court of Appeal is delivered it is not necessary for any of the Judges of Appeal before whom it was heard to be present in court to state their opinions.

(2)

The opinion of any of the Judges of Appeal may be reduced to writing and made public by any Judge of Appeal when judgment in the proceeding is delivered.

(3)

The judgment of the Court of Appeal has the same effect as if each Judge of Appeal whose opinion is so made public had been present in court and declared his or her opinion in person.

(4)

For the purpose of delivering judgment the Court of Appeal may be constituted by one or more Judges of Appeal.

s 45A: Ins 1994 No 14, Sch 1 (2).

46Powers of Judge of Appeal(1)

A Judge of Appeal may exercise the powers of the Court of Appeal—

  • (a)

    to give any judgment by consent or make any order by consent,

  • (b)

    to dismiss an appeal or other proceedings for want of prosecution or for other cause specified in the rules,

  • (c)

    to dismiss an appeal or other proceedings on the application of the appellant or plaintiff, or

  • (d)

    to deal with costs and other matters incidental to the matters mentioned in paragraphs (a), (b) and (c).

(2)

A Judge of Appeal may exercise the powers of the Court of Appeal—

  • (a)

    to make an order or give any direction concerning the institution of an appeal or other proceedings in the Court of Appeal, or

  • (b)

    to make any order or give any direction in any appeal or other proceedings, but not an order or direction involving the determination or decision of the appeal or other proceedings.

(3)

Subsection (2) does not authorise a Judge of Appeal to grant or refuse leave to appeal to the Court of Appeal.

(4)

The Court of Appeal may discharge or vary a judgment given by a Judge of Appeal, or an order made or direction given by a Judge of Appeal.

(5)

Subject to subsection (4), a judgment, order or direction given or made by a Judge of Appeal is to have effect as a judgment, order or direction of the Court of Appeal, whether or not the judgment, order or direction is within the powers of the Judge of Appeal under this section.

s 46: Subst 1972 No 41, sec 4 (k). Am 1989 No 226, Sch 1.

46ACertain appeals may be heard by 2 Judges of Appeal(1)

This section applies to an appeal to the Court of Appeal—

  • (a)

    from any court, where the appeal relates solely to the amount of damages awarded in respect of the death of, or bodily injury to, a person, or

  • (b)

    from the District Court (in respect of any matter dealt with in the compensation jurisdiction of that Court), where the appeal relates solely to the amount of compensation awarded by that Court, or

  • (c)

    from the Dust Diseases Tribunal, where the appeal relates solely to the amount of compensation awarded by that Tribunal, or

  • (d)

    from a court or tribunal (other than the Supreme Court), where—

    • (i)

      the leave of the Court of Appeal is required in respect of the appeal, and

    • (ii)

      the appeal is not against a final judgment, order, award or decision of the court or tribunal (other than an order for the payment of costs).

(2)

The Chief Justice may direct that such an appeal be heard and determined by such 2 Judges of Appeal as the President of the Court of Appeal directs.

(3)

Such a direction may only be given if the Chief Justice is of the opinion that the appeal is not likely to require the resolution of a disputed issue of general principle.

(4)

For the purpose of an appeal the subject of a direction under this section, the Court of Appeal is constituted by the 2 Judges directed by the President of the Court of Appeal.

(5)

The decision of the Court of Appeal when constituted by 2 Judges is to be in accordance with the opinion of those Judges.

(6)

If the Judges are divided in opinion—

  • (a)

    as to the decision determining the proceedings, the appeal is to be reheard and determined by the Court of Appeal constituted by such 3 Judges of Appeal as the President of the Court of Appeal directs (including, if practicable, the 2 Judges who first heard the appeal), or

  • (b)

    as to any other decision, the decision of the Court is to be in accordance with the opinion of the senior Judge present.

(7)

Proceedings heard by the Court of Appeal constituted by 2 Judges under this section are rendered abortive for the purposes of section 6A (1) (a1) of the Suitors’ Fund Act 1951 if they are required to be reheard because the judges were divided in opinion as to the decision determining the proceedings. The rehearing of the proceedings is considered to be a new trial for the purposes of that Act.

(8)

In this section—

compensation jurisdiction of the District Court has the same meaning as in Division 8A of Part 3 of the District Court Act 1973.

s 46A: Ins 1994 No 14, Sch 1 (3). Am 1997 No 47, Sch 5 [1]; 1997 No 141, Sch 1.11 [1]; 1998 No 49, Sch 23; 2000 No 31, Sch 13 [1]; 2002 No 23, Sch 1.10; 2016 No 60, Sch 4.4 [1] [2].

46BCertain other matters may be heard by 2 Judges(1)

This section applies to the following applications—

  • (a)

    applications for leave to appeal,

  • (b)

    applications involving a question of practice and procedure in an appeal or other matter in the Court of Appeal (being applications that are not capable of being dealt with by a single Judge of Appeal).

(2)

The Chief Justice may direct that such an application be heard and determined by such 2 Judges of Appeal as the President of the Court of Appeal directs.

(3)

For the purpose of hearing and determining an application the subject of a direction under this section, the Court of Appeal is constituted by the 2 Judges directed by the President of the Court of Appeal.

(4)

The decision of the Court of Appeal when constituted by 2 Judges of Appeal is to be in accordance with the opinion of those Judges.

(5)

If the judges are divided in opinion, the application is to be reheard and determined by the Court of Appeal constituted by 3 Judges of Appeal.

s 46B: Ins 1995 No 88, Sch 1.8 [3].

Part 3Distribution of businessDivision 1Distribution between Court of Appeal and Divisions47

(Repealed)

s 47: Rep 1972 No 41, sec 5 (a).

48Assignment to the Court of Appeal(1)
  • (a)

    In this section—

    specified tribunal means—

    • (i)

      the Land and Environment Court or a Judge of that Court,

    • (ia)

      (Repealed)

    • (ii)

      the Industrial Relations Commission or a member of the Commission,

    • (iia)

      the Dust Diseases Tribunal of New South Wales,

    • (iii)

      (Repealed)

    • (iv)

      the District Court or a Judge of the District Court (but not a Judicial Registrar of that Court),

    • (v)

      (Repealed)

    • (vi)

      a judge or member functioning or purporting to function under any Act giving power to a judge or member, whether as judge or member or as a designated person,

    • (vii)

      a tribunal or other body (not including the State Parole Authority) that was constituted by one or more judges or members when exercising the functions, or purporting to exercise the functions, to which the proceedings in the Court relate, or

    • (viii)

      the Civil and Administrative Tribunal when exercising functions, or purporting to exercise functions, for the purposes of the Legal Profession Uniform Law (NSW) (including as applied by the Public Notaries Act 1997).

  • (b)

    In paragraph (a) (vi) and (vii), judge or member means a person who is or has been—

    • (i)

      a Judge or associate Judge, or

    • (ii)

      a judge or member of any body referred to in paragraph (a) (i)–(iv), or

    • (iii)

      a Justice of the High Court or a Judge of the Federal Court of Australia or a Supreme Court of another State or Territory.

(2)

There are assigned to the Court of Appeal proceedings in the Court—

  • (a)

    (Repealed)

  • (b)

    for commanding or otherwise requiring a specified tribunal to perform a public duty,

  • (c)

    for prohibiting or otherwise restraining a specified tribunal from proceeding in any matter before the tribunal,

  • (d)

    for commanding or otherwise requiring the removal into the Court of any matter before a specified tribunal, whether for the purpose of quashing or otherwise, but this paragraph has effect subject to subsection (3),

  • (e)

    for determining, by declaration or otherwise, any matter concerning the powers of a specified tribunal,

  • (f)

    on an appeal from a specified tribunal,

  • (g)

    for otherwise reviewing a decision of a specified tribunal,

  • (h)

    on a case stated by a specified tribunal,

  • (ha)

    for determining any question of law referred to the Court for its opinion under the Civil and Administrative Tribunal Act 2013,

  • (i)

    for the punishment of contempt of the Court, but only if the contempt consists of—

    • (i)

      contempt in the face of, or in the hearing of, the Court of Appeal, or

    • (ii)

      disobedience of a judgment or order of the Court of Appeal, or

    • (iii)

      breach of an undertaking given to the Court of Appeal,

    including proceedings in which the Court of Appeal is constituted by an associate Judge,

  • (j)

    for such matters as are necessary or convenient for the discharge of the functions of the Court of Appeal, and

  • (k)

    for such matters as are prescribed by the rules.

(3)

Notwithstanding paragraph (d) of subsection (2), the rules may provide for the assignment to the Divisions of the Court of proceedings in the Court for commanding or otherwise requiring the removal into the Court of any matter before a specified tribunal in cases not involving a review of a decision of a specified tribunal.

(4)

(Repealed)

s 48: Subst 1972 No 41, sec 5 (b). Am 1973 No 19, sec 9 (1); 1975 No 1, sec 4 (a); 1979 No 96, sec 7 (b); 1979 No 205, Sch 2, Part 1; 1980 No 46, sec 3; 1984 No 93, Sch 1, Part 1; 1984 No 153, Sch 16; 1987 No 111, Sch 1; 1989 No 63, sec 36; 1991 No 34, Sch 3; 1996 No 17, Sch 5.16 [2]; 1996 No 30, Sch 1.35 [2]; 1996 No 111, Sch 1.8 [4] [5]; 2004 No 94, Sch 2.7; 2005 No 31, Sch 13 [6]; 2005 No 98, Sch 3.49 [1]; 2008 No 77, Sch 2.7 [1] [2]; 2010 No 54, Sch 3.17; 2013 No 85, Sch 2.3 [2]; 2013 No 95, Sch 2.137 [1]–[4]; 2015 No 7, Sch 2.41 [1]; 2016 No 54, Sch 1.16 [3]; 2016 No 48, Sch 2.34 [2]; 2020 No 24, Sch 1.13[1] [2]; 2023 No 41, Sch 2.32[1].

49Assignment to the Divisions

Subject to Part 7, proceedings in the Court which are not assigned to the Court of Appeal are assigned to the Divisions of the Court.

s 49: Subst 1972 No 41, sec 5 (c).

50

(Repealed)

s 50: Rep 1972 No 41, sec 5 (d).

51Removal and remission(1)

Where proceedings are commenced in a Division but are, under this or any other Act or under the rules, assigned to the Court of Appeal—

  • (a)

    the proceedings shall be for all purposes well commenced on the date of commencement in the Division, notwithstanding that the proceedings are assigned to the Court of Appeal,

  • (b)

    the Court of Appeal or the Court in the Division in which the proceedings are pending may, in either case on application by a party or of its own motion, order that the proceedings be removed into the Court of Appeal,

  • (c)

    upon an order for removal being made under paragraph (b), the proceedings may be continued and disposed of in the Court of Appeal, and

  • (d)

    subject to any order under paragraph (b) the proceedings may be continued and disposed of in a Division.

(2)

Where proceedings are commenced in the Court of Appeal but are, under this or any other Act or under the rules, assigned to a Division—

  • (a)

    the proceedings shall be for all purposes well commenced on the date of commencement in the Court of Appeal, notwithstanding that the proceedings are assigned to a Division,

  • (b)

    the Court of Appeal may, on application by a party or of its own motion, order that the proceedings be remitted to a Division,

  • (c)

    upon an order for remission being made under paragraph (b), the proceedings may be continued and disposed of in a Division, and

  • (d)

    subject to any order under paragraph (b), the proceedings may be continued and disposed of in the Court of Appeal.

(3)

(Repealed)

(4)

Where any proceedings are pending before the Court of Appeal, the Court of Appeal may, on application by a party or of its own motion, order that the whole or any part of the proceedings be remitted to a Division for the determination by trial or otherwise of the proceedings or any question arising in the proceedings.

(5)

Where proceedings by way of appeal or otherwise under any Act other than this Act or proceedings on a stated case, other than a case stated by the Court in a Division, are commenced in a Division—

  • (a)

    the Court in the Division in which the proceedings are pending, if satisfied that special circumstances exist which render it desirable so to do, may, on application by a party or of its own motion, order that the proceedings be removed into the Court of Appeal, and

  • (b)

    upon an order being made under paragraph (a), the proceedings may be continued and disposed of in the Court of Appeal.

(6)

Proceedings may be removed into the Court of Appeal under this section notwithstanding that any decision or determination in the proceedings is expressed by any Act to be final or without appeal.

(7)

None of the foregoing subsections limits the operation of any of the others.

(8)

This section does not limit the provision which may be made by the rules for removal or remission of proceedings.

s 51: Am 1972 No 41, sec 5 (e) (am 1984 No 153, Sch 16).

Division 2Distribution amongst Divisions52Arrangements for despatch of business

The business of the Court, other than the Court of Appeal, shall, for convenient despatch, be assigned in accordance with this Division.

53Assignment of business(1)

Subject to the rules, there are assigned to the Common Law Division all proceedings—

  • (a)

    that, immediately before the commencement of this section, were assigned to the Division by or under any Act, or

  • (b)

    that are required by or under any Act from time to time in force to be commenced, heard or determined in that Division, or

  • (c)

    that are assigned to the Division by operation of Part 8 of the Fourth Schedule, or

  • (d)

    that are not assigned to the Equity Division by or under this Act.

(2)

Subject to the rules, there are assigned to the Equity Division all proceedings—

  • (a)

    that, immediately before the commencement of this section, were assigned to the Division by or under any Act, or

  • (b)

    that are required by or under any Act from time to time in force to be commenced, heard or determined in that Division, or

  • (c)

    that are assigned to the Division by operation of Part 8 of the Fourth Schedule.

(3)

Subject to the rules, there are assigned to each Division proceedings for the punishment of contempt of the Court, but only if the contempt consists of—

  • (a)

    contempt in the face of, or in the hearing of, the Court in that Division, or

  • (b)

    disobedience of a judgment or order of the Court in that Division, or

  • (c)

    breach of an undertaking given to the Court in that Division,

including proceedings in which the Court is constituted by an associate Judge.

(4)

Without limiting subsection (1) (d), the proceedings assigned to the Common Law Division include proceedings for contempt of the Court or of any other court (other than proceedings referred to in subsection (3) or section 48 (2) (i)).

s 53: Am 1973 No 19, secs 4 (f), 7 (1) (c); 1979 No 88, Sch 1 (6); 1985 No 28, Sch 1 (4); 1996 No 111, Sch 1.8 [6] [7]. Subst 1998 No 172, Sch 10 [4]. Am 2005 No 31, Sch 13 [7].

54Transfer and retention(1)

The Court in a Division, on application by a party or of its own motion, may, on terms, order that the whole or any part of any proceedings in that Division be transferred to another Division.

(2)

Proceedings may be retained in a Division whether or not the proceedings are assigned to that Division by this Act or by the rules.

55Validity of proceedings in any Division

Any step taken, order made, judgment given or other thing done in any proceedings in any Division shall be as valid in every way as if taken, made, given or done in the Division to which the proceedings are assigned by this Act or by the rules.

Division 356

(Repealed)

pt 3, div 3: Rep 1985 No 28, Sch 1 (5).

s 56: Am 1973 No 19, sec 8 (1); 1977 No 120, sec 3 (b). Rep 1985 No 28, Sch 1 (5).

Part 4Law and equity57Concurrent administration

The Court shall administer concurrently all rules of law, including rules of equity.

58Equities of plaintiff

Where 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 in the proceedings, or to any relief founded upon a legal right which formerly could only have been given by a court of equity, the Court shall give to the plaintiff the same relief as ought formerly to have been given by a court of equity in proceedings for the like purpose.

59Equitable defences

Where 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 proceedings, or alleges any ground of equitable defence to any claim of the plaintiff, the Court shall give to every equitable estate, right or ground of relief so claimed, and every equitable defence so alleged, the same effect by way of defence against the claim of the plaintiff as a court of equity ought formerly to have given if the like matters had been relied on by way of defence in any proceedings instituted for the like purpose.

60Incidental equities

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 proceedings, in the manner in which a court of equity would have recognised and taken notice of those matters in any proceedings instituted therein.

61Defence or stay instead of injunction(1)

The Court shall not restrain by injunction any proceedings pending in the Court.

(2)

Every matter of equity on which an injunction against the prosecution of proceedings in the Court might formerly have been obtained, whether on terms or conditions or not, may be relied on by way of defence in the proceedings.

(3)

Where any person, whether a party to proceedings in the Court or not—

  • (a)

    would formerly have been entitled to apply to the Court to restrain the prosecution of the proceedings, or

  • (b)

    is entitled to enforce by attachment or otherwise any judgment or order in contravention of which the proceedings are taken,

the Court may, on application by the person, stay the proceedings either generally or to such extent as the Court thinks fit.

(4)

This section does not affect the powers of the Court to stay proceedings otherwise than pursuant to this section.

s 61: Am 1972 No 41, sec 6; 1994 No 32, Sch 3.

62Common law and statutory rights and duties

Subject to the provisions of this Act for giving effect to equitable rights and other matters of equity, and subject to section 5 of the Law Reform (Law and Equity) Act 1972, the Court shall 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.

s 62: Am 1972 No 28, sec 3 (3).

63Final determination

The Court shall grant, either absolutely or on terms, all such remedies as any party may appear to be entitled to in respect of any legal or equitable claim brought forward in the proceedings so that, as far as possible, all matters in controversy between the parties may be completely and finally determined, and all multiplicity of legal proceedings concerning any of those matters avoided.

64

(Repealed)

s 64: Rep 1972 No 28, sec 3 (2).

Part 5Powers

pt 5, hdg: Subst 1991 No 12, Sch 1 (1).

Division 1Powers generally

pt 5, div 1, hdg: Ins 1991 No 12, Sch 1 (1).

65Order to fulfil duty(1)

The Court may order any person to fulfil any duty in the fulfilment of which the person seeking the order is personally interested.

(2)

The Court may, on terms, make an interlocutory order under subsection (1) in any case where it appears to the Court just or convenient so to do.

(3)

The powers of the Court under this section are in addition to any other powers of the Court.

66Injunction(1)

The Court may, at any stage of proceedings, by interlocutory or other injunction, restrain any threatened or apprehended breach of contract or other injury.

(2)

Subsection (1) applies as well in a case where an injury is not actionable unless it causes damage as in other cases.

(3)

The Court may restrain any threatened or apprehended waste or trespass pursuant to this section—

  • (a)

    whether the person against whom the injunction is sought is or is not in possession under any claim of title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under any colour of title, and

  • (b)

    whether the estate claimed by any party is legal or equitable.

(4)

The Court may, at any stage of proceedings, on terms, grant an interlocutory injunction in any case in which it appears to the Court to be just or convenient so to do.

s 66: Am 1972 No 41, sec 7 (a).

67Receiver

The Court may, at any stage of proceedings, on terms, appoint a receiver by interlocutory order in any case in which it appears to the Court to be just or convenient so to do.

68Damages in case for equitable relief

Where the Court has power—

  • (a)

    to grant an injunction against the breach of any covenant, contract or agreement, or against the commission or continuance of any wrongful act, or

  • (b)

    to order the specific performance of any covenant, contract or agreement,

the Court may award damages to the party injured either in addition to or in substitution for the injunction or specific performance.

69Proceedings in lieu of writs(1)

Where formerly—

  • (a)

    the Court had jurisdiction to grant any relief or remedy or do any other thing by way of writ, whether of prohibition, mandamus, certiorari or of any other description, or

  • (b)

    in any proceedings in the Court for any relief or remedy any writ might have issued out of the Court for the purpose of the commencement or conduct of the proceedings, or otherwise in relation to the proceedings, whether the writ might have issued pursuant to any rule or order of the Court or of course,

then, after the commencement of this Act—

  • (c)

    the Court shall continue to have jurisdiction to grant that relief or remedy or to do that thing; but

  • (d)

    shall not issue any such writ, and

  • (e)

    shall grant that relief or remedy or do that thing by way of judgment or order under this Act and the rules, and

  • (f)

    proceedings for that relief or remedy or for the doing of that thing shall be in accordance with this Act and the rules.

(2)

Subject to the rules, this section does not apply to—

  • (a)

    the writ of habeas corpus ad subjiciendum,

  • (b)

    any writ of execution for the enforcement of a judgment or order of the Court, or

  • (c)

    any writ in aid of any such writ of execution.

(3)

The jurisdiction of the Court to grant any relief or remedy in the nature of a writ of certiorari includes, if the Court is satisfied that the ultimate determination of a court or tribunal in any proceedings has been made on the basis of an error of law that appears on the face of the record of the proceedings—

  • (a)

    jurisdiction to quash the ultimate determination of the court or tribunal, and

  • (b)

    if the Court determines that, as a matter of law, only one particular determination should have been made by the court or tribunal, jurisdiction to make such judgment or orders as are required for the purpose of finally determining the proceedings.

(4)

For the purposes of subsection (3), the face of the record includes the reasons expressed by the court or tribunal for its ultimate determination.

(5)

Subsections (3) and (4) do not affect the operation of any legislative provision to the extent to which the provision is, according to common law principles and disregarding those subsections, effective to prevent the Court from exercising its powers to quash or otherwise review a decision.

s 69: Am 1996 No 111, Sch 1.8 [8]; 2018 No 29, Sch 1.21.

69AReleases on bail and custody of claimants seeking judicial review of conviction or sentence(1)

This section and section 69B apply to proceedings in the Court by a convicted person (the claimant) seeking judicial review in relation to a conviction or sentence for an offence.

(2)

A claimant who is not released on bail must, pending the determination of the proceedings, be treated in such manner as may be directed by regulations made under the Crimes (Administration of Sentences) Act 1999 (which is referred to in this section as special treatment).

(3)

The time during which a claimant is at liberty on bail (pending the determination of the proceedings for review) does not count as part of any term of imprisonment under the claimant’s sentence.

(4)

The time during which an appellant receives special treatment counts as part of any term of imprisonment under the claimant’s sentence. However, if the Court is satisfied that the claim was unarguable or frivolous, the Court may order that the time in custody with special treatment does not count.

(5)

(Repealed)

(6)

Provision is to be made in regulations made under the Crimes (Administration of Sentences) Act 1999 for—

  • (a)

    the manner in which a claimant, when in custody, is to be brought to any place where the claimant is entitled to be present, or ordered to be taken, for the purposes of this Act, and

  • (b)

    the manner in which the appellant is to be kept in custody whilst absent from prison for the purpose.

(7)

A claimant while in custody in accordance with those regulations is taken to be in legal custody.

s 69A: Ins 1996 No 6, Sch 1.8. Am 1999 No 94, Sch 4.56 [1], 4.161; 2020 No 31, Sch 1.10[1].

69BOther powers in relation to claimants for judicial review of convictions and sentences(1)

In determining proceedings for judicial review in relation to a conviction or sentence for an offence, the Court may make an order quashing either the conviction of, or the sentence imposed on, the claimant, or quash both the conviction and the sentence.

(2)

This section applies to judicial review of orders made by the Local Court or the District Court despite anything contained in the Crimes (Appeal and Review) Act 2001.

s 69B: Ins 1996 No 6, Sch 1.8. Am 2001 No 121, Sch 2.192 [2]; 2007 No 94, Sch 2; 2015 No 15, Sch 2.53.

69CStay of execution of conviction, order or sentence pending review(1)

This section and section 69D apply to proceedings in the Court for judicial review of a determination made by the District Court in appeal proceedings relating to a conviction or order made by the Local Court (or part of such a conviction or order) or sentence imposed by the Local Court.

(2)

The execution of the following is stayed when proceedings seeking judicial review are commenced—

  • (a)

    a sentence imposed as a consequence of a conviction,

  • (b)

    any order other than an apprehended violence order under the Crimes (Domestic and Personal Violence) Act 2007.

(3)

Subsection (2) does not apply to a person (the claimant) who is in custody when proceedings seeking judicial review are commenced unless and until the claimant is entitled to be released on bail under the Bail Act 2013, or bail is dispensed with.

(4)

The stay of execution continues until the proceedings for judicial review are finally determined, subject to any order or direction of the Court.

(5)

Despite subsection (2), any period during which the stay is in force is not to be taken into account when calculating the length of a period of disqualification from holding a driver licence resulting from a conviction under the road transport legislation within the meaning of the Road Transport Act 2013.

(6)

In this section, a reference to a person who is in custody includes a reference to a person who is the subject of an intensive correction order within the meaning of the Crimes (Administration of Sentences) Act 1999.

s 69C: Ins 1998 No 137, Sch 2.24 [1]. Am 1999 No 19, Sch 2.44 [1]; 2000 No 53, Sch 3.26 [1]–[5]; 2000 No 93, Sch 2.53 [3]; 2005 No 11, Sch 3.42; 2007 No 94, Sch 2; 2013 No 19, Sch 3; 2014 No 5, Sch 2.28; 2014 No 14, Sch 5.4 [1] [2]; 2017 No 53, Sch 4.27.

69DCourt may confirm conviction, order or sentence(1)

The Supreme Court may order that a conviction, order or sentence that is the subject of proceedings, or any part of it—

  • (a)

    is to take effect on and from a day specified in the order, or

  • (b)

    in the case of a sentence that has been served in part, is to recommence on and from a day specified in the order,

including a day specified by reference to a future event.

(2)

The order has effect even though a stay of execution may have been in force in respect of the sentence that is the subject of the proceedings.

s 69D: Ins 1998 No 137, Sch 2.24 [1]. Am 2020 No 31, Sch 1.10[2] [3].

70Ouster of office

Where any person acts in an office in which the person is not entitled to act and an information in the nature of quo warranto would, but for section 12, lie against the person, the Court may grant an injunction restraining the person from so acting and may (if the case so requires) declare the office to be vacant.

s 70: Am 1994 No 32, Sch 3.

71Habeas corpus(1)

The Court may, on an application for a writ of habeas corpus, give such judgment or make such order disposing of the proceedings as the nature of the case requires.

(2)

Where an application for a writ of habeas corpus has been made in respect of any person, no application for a writ of habeas corpus shall again be made in respect of that person on the same grounds, whether to the same Judge or to any other Judge or to the Court of Appeal, unless fresh evidence is adduced in support of the application.

(3)

Subsection (2) applies notwithstanding anything in any Act or rule of law.

(3A)

Subject to the rules, a writ of habeas corpus may be enforced in the ways in which a judgment or order of the Court may be enforced.

(3B)

Subsection (3A) does not affect the power of the Court to punish for contempt.

(4)

In this section, writ of habeas corpus means a writ of habeas corpus ad subjiciendum.

s 71: Am 1972 No 41, sec 7 (b); 1989 No 226, Sch 1.

71APowers of Court in relation to warrants in respect of convictions or orders of Local Court(1)

In this section, warrant means a warrant of commitment issued in relation to a conviction or order of the Local Court.

(2)

This section has effect despite section 71.

(3)

In proceedings for a writ of habeas corpus or for the setting aside of a conviction or order of the Local Court, the Supreme Court is not to make an order for the discharge from custody of a person in custody under a warrant on the ground of any defect or error in the warrant unless the requirements of subsection (4) have been complied with.

(4)

The requirements are that the Magistrate, prosecutor or party interested in supporting the warrant—

  • (a)

    has had notice of intention to apply for the order, and

  • (b)

    has been required to transmit, or has had the opportunity to transmit, to the Supreme Court the following documents, or certified copies of them—

    • (i)

      the conviction or order, and

    • (ii)

      the information (if any) and transcript of evidence intended to be relied on in support of the conviction or order.

(5)

Subject to the rules, the notice of intention to apply for the order may be given at any stage of proceedings in the Supreme Court.

(6)

The Supreme Court may dispense with the notice if copies of the conviction or order and of the transcript of evidence are produced to the Court.

(7)

The Supreme Court is to allow the warrant and the conviction or order if necessary to be amended if—

  • (a)

    the conviction or order and transcript of evidence have been transmitted to the Supreme Court in accordance with this section, and

  • (b)

    the offence or matter charged or intended to have been charged appears to have been established, and

  • (c)

    the judgment of the Local Court appears to have been warranted in substance.

(8)

After any such amendment—

  • (a)

    the person committed is to be remanded to the person’s former custody or the conviction or order may be enforced in the proper manner, and

Date of commencement of the provisions of Sch 1 relating to the Supreme Court Act 1970, assent, sec 2.

1991

No 12

Courts Legislation (Civil Procedure) Amendment Act 1991. Assented to 3.5.1991.

Date of commencement of Sch 1, 1.11.1991, sec 2 and GG No 125 of 6.9.1991, p 7743.

No 34

Industrial Relations Act 1991. Assented to 11.11.1991.

Date of commencement, 31.3.1992, sec 2 and GG No 40 of 27.3.1992, p 1978.

No 94

Statute Law (Miscellaneous Provisions) Act (No 2) 1991. Assented to 17.12.1991.

Date of commencement of the provision of Sch 1 relating to the Supreme Court Act 1970, 24.2.1992, Sch 1 and GG No 26 of 21.2.1992, p 1047.

1992

No 57

Statute Law (Miscellaneous Provisions) Act (No 2) 1992. Assented to 8.10.1992.

Date of commencement of the provision of Sch 1 relating to the Supreme Court Act 1970, 1.1.1993, Sch 1 and GG No 146 of 18.12.1992, p 8807.

No 69

Supreme Court (Video Link) Amendment Act 1992. Assented to 4.11.1992.

Date of commencement, 21.2.1994, sec 2 and GG No 37 of 18.2.1994, p 706.

No 111

Statute Law (Miscellaneous Provisions) Act (No 3) 1992. Assented to 8.12.1992.

Date of commencement of item (1) of the provisions of Sch 1 relating to the Supreme Court Act 1970, assent, Sch 1; date of commencement of item (2) of those provisions, 1.2.1992, Sch 1 and GG No 9 of 29.1.1993, p 270.

1993

No 46

Statute Law (Miscellaneous Provisions) Act 1993. Assented to 15.6.1993.

Date of commencement of the provision of Sch 1 relating to the Supreme Court Act 1970, 21.2.1994, Sch 1 and GG No 37 of 18.2.1994, p 706.

No 87

Legal Profession Reform Act 1993. Assented to 29.11.1993.

Date of commencement of Sch 5, 17.12.1993, sec 2 and GG No 138 of 17.12.1993, p 7277; date of commencement of Sch 6, 1.7.1994, sec 2 and GG No 78 of 10.6.1994, p 2763.

1994

No 14

Supreme Court (Amendment) Act 1994. Assented to 10.5.1994.

Date of commencement, 1.7.1994, sec 2 and GG No 80 of 17.6.1994, p 2917.

No 32

Statute Law (Miscellaneous Provisions) Act 1994. Assented to 2.6.1994.

Date of commencement of the provisions of Sch 1 relating to the Supreme Court Act 1970, assent, Sch 1; date of commencement of Sch 3, assent, sec 2.

No 57

Courts Legislation (Mediation and Evaluation) Amendment Act 1994. Assented to 28.9.1994.

Date of commencement, 14.11.1994, sec 2 and GG No 150 of 11.11.1994, p 6660.

1995

No 21

Courts Legislation Amendment Act 1995. Assented to 19.6.1995.

Date of commencement, 1.8.1995, sec 2 and GG No 88 of 21.7.1995, p 3754.

No 88

Courts Legislation Further Amendment Act 1995. Assented to 19.12.1995.

Date of commencement of Sch 1.8 [1]–[3] and [5]–[8], 8.3.1996, sec 2 and GG No 30 of 8.3.1996, p 1009; date of commencement of Sch 1.8 [4], 17.5.1996, sec 2 and GG No 61 of 17.5.1996, p 2260.

1996

No 6

Criminal Legislation Amendment Act 1996. Assented to 5.6.1996.

Date of commencement, 16.8.1996, sec 2 and GG No 95 of 16.8.1996, p 4609.

No 17

Industrial Relations Act 1996. Assented to 13.6.1996.

Date of commencement of Sch 5.16, 2.9.1996, sec 2 and GG No 99 of 30.8.1996, p 4983.

No 30

Statute Law (Miscellaneous Provisions) Act 1996. Assented to 21.6.1996.

Date of commencement of Sch 1.35 [1] and [2], assent, sec 2 (2); date of commencement of Sch 1.35 [3], 17.5.1996, Sch 1.35.

No 96

Married Persons (Equality of Status) Act 1996. Assented to 26.11.1996.

Date of commencement, 1.3.1997, sec 2 and GG No 20 of 21.2.1997, p 799.

No 111

Courts Legislation Amendment Act 1996. Assented to 2.12.1996.

Date of commencement, 2.5.1997, sec 2 and GG No 47 of 2.5.1997, p 2427.

No 121

Statute Law (Miscellaneous Provisions) Act (No 2) 1996. Assented to 3.12.1996.

Date of commencement of Sch 4.55, 4 months after assent, sec 2 (4).

1997

No 47

Courts Legislation Amendment Act 1997. Assented to 2.7.1997.

Date of commencement of Sch 5 [1] and [3], 1.8.1997, sec 2 and GG No 86 of 1.8.1997, p 5824; date of commencement of Sch 5 [2], 1.9.1997, sec 2 and GG No 95 of 29.8.1997, p 6641.

No 55

Statute Law (Miscellaneous Provisions) Act 1997. Assented to 2.7.1997.

Date of commencement of Sch 2.20, assent, sec 2 (2).

No 58

District Court Amendment Act 1997. Assented to 2.7.1997.

Date of commencement of Sch 2.3, 18.7.1997, sec 2 and GG No 81 of 18.7.1997, p 5582.

No 115

Traffic Legislation Amendment Act 1997. Assented to 9.12.1997.

Date of commencement, 29.6.1998, sec 2 and GG No 97 of 26.6.1998, p 4431.

No 141

Courts Legislation Further Amendment Act 1997. Assented to 17.12.1997.

Date of commencement of Sch 1.11, 2.2.1998, sec 2 and GG No 16 of 30.1.1998, p 432.

1998

No 49

Courts Legislation Amendment Act 1998. Assented to 29.6.1998.

Date of commencement of Sch 23, 3.8.1998, sec 2 and GG No 112 of 24.7.1998, p 5602.

No 120

Statute Law (Miscellaneous Provisions) Act (No 2) 1998. Assented to 26.11.1998.

Date of commencement of Sch 2, assent, sec 2 (1).

No 137

Justices Legislation Amendment (Appeals) Act 1998. Assented to 8.12.1998.

Date of commencement of Sch 2.24, 1.3.1999, sec 2 and GG No 25 of 26.2.1999, p 973.

No 172

Courts Legislation Further Amendment Act 1998. Assented to 14.12.1998.

Date of commencement of Sch 10, 1.7.1999, sec 2 and GG No 47 of 16.4.1999, p 2745.

1999

No 19

Road Transport Legislation Amendment Act 1999. Assented to 1.7.1999.

Date of commencement of Sch 2, 1.12.1999, sec 2 (1) and GG No 133 of 26.11.1999, p 10863.

No 31

Statute Law (Miscellaneous Provisions) Act 1999. Assented to 7.7.1999.

The amendments made by Sch 4.92 were without effect as the section being amended was substituted by the Courts Legislation Further Amendment Act 1998 No 172 with effect from 1.7.1999.

No 39

Courts Legislation Amendment Act 1999. Assented to 8.7.1999.

Date of commencement of Sch 7, 1.9.1999, sec 2 and GG No 98 of 27.8.1999, p 6684.

No 41

Motor Accidents Compensation Act 1999. Assented to 8.7.1999.

Date of commencement of Sch 4.13, 5.10.1999, sec 2 and GG No 104 of 10.9.1999, p 8699.

No 85

Statute Law (Miscellaneous Provisions) Act (No 2) 1999. Assented to 3.12.1999.

Date of commencement of Sch 2.65, assent, sec 2 (2); date of commencement of Sch 4, assent, sec 2 (1).

No 91

Crimes and Courts Legislation Amendment Act 1999. Assented to 8.12.1999.

Date of commencement of Sch 2, assent, sec 2 (2).

No 94

Crimes Legislation Amendment (Sentencing) Act 1999. Assented to 8.12.1999.

Date of commencement of Sch 4.56, 3.4.2000, sec 2 (1) and GG No 42 of 31.3.2000, p 2487; date of commencement of Sch 4.161, 1.1.2000, sec 2 (1) and GG No 144 of 24.12.1999, p 12184.

2000

No 31

Courts Legislation Amendment Act 2000. Assented to 14.6.2000.

Date of commencement of Sch 13, 25.9.2000, sec 2 (1) and GG No 125 of 22.9.2000, p 10678.

No 36

Supreme Court Amendment (Referral of Proceedings) Act 2000. Assented to 14.6.2000.

Date of commencement, 1.8.2000, sec 2 and GG No 97 of 28.7.2000, p 6602.

No 53

Statute Law (Miscellaneous Provisions) Act 2000. Assented to 29.6.2000.

Date of commencement of Sch 3.26, 1.3.1999, Sch 3.26.

No 93

Statute Law (Miscellaneous Provisions) Act (No 2) 2000. Assented to 8.12.2000.

Date of commencement of Sch 2.53, assent, sec 2 (2).

2001

No 34

Corporations (Consequential Amendments) Act 2001. Assented to 28.6.2001.

Date of commencement of Sch 4.61, 15.7.2001, sec 2 (1) and Commonwealth Gazette No S 285 of 13.7.2001.

No 46

Evidence (Audio and Audio Visual Links) Amendment Act 2001. Assented to 17.7.2001.

Date of commencement, 10.8.2001, sec 2 and GG No 122 of 10.8.2001, p 5857.

No 108

Courts Legislation Further Amendment Act 2001. Assented to 14.12.2001.

Date of commencement, 18.1.2002, sec 2 and GG No 25 of 18.1.2002, p 179. Amended by the Statute Law (Miscellaneous Provisions) Act 2002 No 53. Assented to 4.7.2002. Date of commencement of Sch 2.9, assent, sec 2 (2).

No 121

Justices Legislation Repeal and Amendment Act 2001. Assented to 19.12.2001.

Date of commencement of Sch 2, 7.7.2003, sec 2 and GG No 104 of 27.6.2003, p 5978.

No 124

Courts Legislation Amendment (Civil Juries) Act 2001. Assented to 19.12.2001.

Date of commencement, 18.1.2002, sec 2 and GG No 25 of 18.1.2002, p 178.

2002

No 7

Courts Legislation Amendment Act 2002. Assented to 17.4.2002.

Date of commencement, assent, sec 2.

No 23

Compensation Court Repeal Act 2002. Assented to 21.6.2002.

Date of commencement of Sch 1.10, 1.1.2004, sec 2 (2).

No 70

Courts Legislation Further Amendment Act 2002. Assented to 10.9.2002.

Date of commencement of Sch 6, 20.9.2002, sec 2 (1) and GG No 149 of 20.9.2002, p 8195.

2003

No 71

Courts Legislation Amendment Act 2003. Assented to 20.11.2003.

Date of commencement, 1.1.2004, sec 2 and GG No 196 of 12.12.2003, p 11172.

2004

No 94

Crimes (Administration of Sentences) Amendment (Parole) Act 2004. Assented to 15.12.2004.

Date of commencement of Sch 2.7, 10.10.2005, sec 2 (1) and GG No 122 of 7.10.2005, p 8167.

2005

No 11

Road Transport (General) Act 2005. Assented to 14.4.2005.

Date of commencement of Sch 3.42, 30.9.2005, sec 2 (1) and GG No 120 of 30.9.2005, p 7674.

No 28

Civil Procedure Act 2005. Assented to 1.6.2005.

Date of commencement of Sch 5.47, 15.8.2005, sec 2 (1) and GG No 100 of 10.8.2005, p 4205.

No 31

Courts Legislation Amendment Act 2005. Assented to 15.6.2005.

Date of commencement of Sch 13, assent, sec 2 (1).

No 77

Defamation Act 2005. Assented to 26.10.2005.

Date of commencement, 1.1.2006, sec 2.

No 98

Statute Law (Miscellaneous Provisions) Act (No 2) 2005. Assented to 24.11.2005.

Date of commencement of Sch 3, assent, sec 2 (2).

2006

No 120

Statute Law (Miscellaneous Provisions) Act (No 2) 2006. Assented to 4.12.2006.

Date of commencement of Sch 3, assent, sec 2 (2).

2007

No 56

Courts Legislation Amendment Act 2007. Assented to 15.11.2007.

Date of commencement of Sch 8 [1]–[3], 14.12.2007, sec 2 (3) and GG No 182 of 14.12.2007, p 9537; date of commencement of Sch 8 [4], assent, sec 2 (1).

No 94

Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007.

Date of commencement of Sch 2, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009.

2008

No 23

Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008. Assented to 11.6.2008.

Date of commencement, 22.9.2008, sec 2 and GG No 118 of 19.9.2008, p 9283.

No 53

Courts and Crimes Legislation Amendment Act 2008. Assented to 1.7.2008.

Date of commencement of Sch 19, assent, sec 2 (1).

No 77

Administrative Decisions Tribunal Amendment Act 2008. Assented to 28.10.2008.

Date of commencement of Sch 2.7, 1.1.2009, sec 2 (1) and GG No 158 of 19.12.2008, p 12299.

No 80

Vexatious Proceedings Act 2008. Assented to 5.11.2008.

Date of commencement, 1.12.2008, sec 2 and GG No 150 of 21.11.2008, p 11251.

No 107

Courts and Crimes Legislation Further Amendment Act 2008. Assented to 8.12.2008.

Date of commencement of Sch 26, assent, sec 2 (1).

2009

No 56

Statute Law (Miscellaneous Provisions) Act 2009. Assented to 1.7.2009.

Date of commencement of Sch 1.40, 17.7.2009, sec 2 (2); date of commencement of Sch 4, 17.7.2009, sec 2 (1).

2010

No 19

Relationships Register Act 2010. Assented to 19.5.2010.

Date of commencement of Sch 3, assent, sec 2 (2).

No 54

Industrial Relations Amendment (Public Sector Appeals) Act 2010. Assented to 28.6.2010.

Date of commencement, 1.7.2010, sec 2.

No 61

Commercial Arbitration Act 2010. Assented to 28.6.2010.

Date of commencement, 1.10.2010, sec 1B and 2010 (541) LW 24.9.2010.

No 63

Courts Legislation Amendment Act 2010. Assented to 28.6.2010.

Date of commencement of Sch 1.14, assent, sec 2 (2).

No 119

Statute Law (Miscellaneous Provisions) Act (No 2) 2010. Assented to 29.11.2010.

Date of commencement of Sch 2, 7.1.2011, sec 2 (2).

No 135

Courts and Crimes Legislation Further Amendment Act 2010. Assented to 7.12.2010.

Date of commencement of Sch 17, assent, sec 2 (1).

2013

No 1

Courts and Other Legislation Further Amendment Act 2013. Assented to 28.2.2013.

Date of commencement of Sch 1.18, assent, sec 2 (1).

No 19

Road Transport Legislation (Repeal and Amendment) Act 2013. Assented to 3.4.2013.

Date of commencement, 1.7.2013, sec 2 and 2013 (329) LW 28.6.2013.

No 85

Industrial Relations Amendment (Industrial Court) Act 2013. Assented to 31.10.2013.

Date of commencement, 20.12.2013, sec 2 and 2013 (689) LW 13.12.2013.

No 95

Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013.

Date of commencement, 1.1.2014, sec 2.

2014

No 5

Bail (Consequential Amendments) Act 2014. Assented to 12.3.2014.

Date of commencement, 20.5.2014, sec 2 and 2014 (235) LW 24.4.2014.

No 14

Courts and Other Legislation Amendment Act 2014. Assented to 20.5.2014.

Date of commencement of Sch 5.4, assent, sec 2 (1).

No 44

Courts Legislation Amendment (Broadcasting Judgments) Act 2014. Assented to 17.9.2014.

Date of commencement of Sch 2, 27.10.2014, sec 2 and 2014 (679) LW 24.10.2014.

2015

No 2

Courts and Crimes Legislation Amendment Act 2015. Assented to 15.5.2015.

Date of commencement, assent, sec 2.

No 7

Legal Profession Uniform Law Application Legislation Amendment Act 2015. Assented to 9.6.2015.

Date of commencement of Sch 2, 1.7.2015, sec 2 (2) and 2015 (299) LW 19.6.2015.

No 15

Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015.

Date of commencement of Sch 2, 8.7.2015, sec 2 (1).

No 48

Regulatory Reform and Other Legislative Repeals Act 2015. Assented to 5.11.2015.

Date of commencement of Sch 3, assent, sec 2 (1).

2016

No 26

Courts Legislation Amendment (Disrespectful Behaviour) Act 2016. Assented to 7.6.2016.

Date of commencement, 1.9.2016, sec 2 and 2016 (535) LW 26.8.2016.

No 48

Industrial Relations Amendment (Industrial Court) Act 2016. Assented to 18.10.2016.

Date of commencement of Sch 2, 8.12.2016, sec 2 (1) and 2016 (674) LW 15.11.2016.

No 54

Justice Portfolio Legislation (Miscellaneous Amendments) Act 2016. Assented to 25.10.2016.

Date of commencement, assent, sec 2.

No 60

Regulatory and Other Legislation (Amendments and Repeals) Act 2016. Assented to 14.11.2016.

Date of commencement of Sch 4, assent, sec 2 (1).

2017

No 22

Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017.

Date of commencement of Sch 4, 7 days after assent, sec 2 (1).

No 53

Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017. Assented to 24.10.2017.

Date of commencement, 24.9.2018, sec 2 and 2018 (534) LW 21.9.2018.

No 55

Justice Legislation Amendment (Committals and Guilty Pleas) Act 2017. Assented to 24.10.2017.

Date of commencement, 30.4.2018, sec 2 and 2018 (164) LW 27.4.2018.

No 68

Terrorism (High Risk Offenders) Act 2017. Assented to 30.11.2017.

Date of commencement of Sch 2.15, 19.1.2018, sec 2 (3) and 2018 (8) LW 19.1.2018.

2018

No 29

Justice Legislation Amendment Act (No 2) 2018. Assented to 21.6.2018.

Date of commencement of Sch 1.21, assent, sec 2 (1).

No 87

Justice Legislation Amendment Act (No 3) 2018. Assented to 28.11.2018.

Date of commencement of Sch 2, assent, sec 2 (1).

2020

No 24

Stronger Communities Legislation Amendment (Courts and Civil) Act 2020. Assented to 28.9.2020.

Date of commencement of Sch 1.13, assent, sec 2(1).

No 31

Stronger Communities Legislation Amendment (Miscellaneous) Act 2020. Assented to 27.10.2020.

Date of commencement of Sch 1.10, assent, sec 2(1).

2023

No 41

Industrial Relations Amendment Act 2023. Assented to 5.12.2023.

Date of commencement of Sch 2, 1.7.2024, sec 2 and 2024 (131) LW 26.4.2024.

This Act is also amended pursuant to an order under secs 8 (2) and 9 (3) of the Reprints Act 1972 No 48 (formerly Acts Reprinting Act 1972). Order dated 12.4.1976, and published in GG No 54 of 15.4.1976, p 1706, declaring that the Supreme Court Act 1970 is an enactment to which sec 8 (2) and sec 9 (3) of the Acts Reprinting Act 1972 apply.

Table of amendments

No reference is made to certain amendments made by the Reprints Act 1972.

Sec 4

Am 1972 No 41, sec 3 (a); 1973 No 19, sec 4 (a). Rep 1985 No 28, Sch 1 (1).

Sec 7

Rep 1999 No 85, Sch 4.

Sec 8

Am 1972 No 41, sec 3 (b).

Sec 10

Rep 2005 No 28, Sch 5.47 [1].

Sec 13

Am 1972 No 41, sec 3 (c).

Sec 14

Am 1972 No 69, sec 4 (a); 1974 No 106, sec 3; 1994 No 32, Sch 3.

Sec 16

Am 1972 No 41, sec 3 (d); 1994 No 32, Sch 3.

Sec 17

Am 1972 No 41, sec 3 (e); 1979 No 88, Sch 1 (1); 1979 No 96, sec 7 (a); 1986 No 212, Sch 1; 1988 No 20, Sch 18 (1); 1996 No 111, Sch 1.8 [1]; 1999 No 85, Sch 2.65.

Sec 19

Am 1972 No 41, sec 3 (f); 1977 No 120, sec 3 (a); 1989 No 226, Sch 1; 1994 No 32, Sch 3; 2000 No 93, Sch 2.53 [1] [2]; 2001 No 121, Sch 2.192 [1]; 2005 No 28, Sch 5.47 [2]; 2005 No 31, Sch 13 [1] [2]; 2018 No 87, Sch 2.8 [1].

Sec 20

Rep 1987 No 48, Sch 32.

Sec 21

Rep 2005 No 28, Sch 5.47 [1].

Sec 21A

Ins 1973 No 19, sec 4 (b).

Sec 24

Subst 1972 No 41, sec 4 (a). Am 1979 No 205, Sch 2, Part 1; 1987 No 48, Sch 32; 2009 No 56, Sch 4.71 [1] [2].

Sec 25

Am 2005 No 31, Sch 13 [3].

Sec 26

Am 1972 No 41, sec 4 (b); 1984 No 153, Sch 16; 1991 No 34, Sch 3; 1993 No 87, Sch 5; 1996 No 17, Sch 5.16 [1]; 2001 No 108, Sch 5 [1]–[3] (am 2002 No 53, Sch 2.9); 2002 No 7, Sch 1 [1]; 2006 No 120, Sch 3.25 [1].

Sec 27

Rep 1986 No 100, Sch 4. Ins 1998 No 172, Sch 10 [1].

Sec 28

Subst 1972 No 41, sec 4 (c). Am 1973 No 19, secs 4 (c), 6 (1) (a); 1979 No 88, Sch 1 (2); 1987 No 209, Sch 35 (1); 1994 No 32, Sch 3. Subst 1998 No 172, Sch 10 [1].

Sec 28A

Ins 1973 No 19, sec 6 (1) (b). Am 1994 No 32, Sch 3.

Sec 29

Am 1972 No 41, sec 4 (d). Subst 1976 No 4, Sch 5. Am 1994 No 32, Sch 3; 2009 No 56, Sch 1.40.

Sec 30

Am 1994 No 32, Sch 3; 2005 No 31, Sch 13 [4].

Secs 31–33

Am 1994 No 32, Sch 3.

Sec 34

Am 1972 No 41, sec 4 (e); 1994 No 32, Sch 3.

Sec 35

Am 1976 No 4, Sch 5; 1994 No 32, Sch 3; 2007 No 56, Sch 8 [1] [2].

Sec 36

Am 1972 No 41, sec 4 (f); 1994 No 32, Sch 3; 1996 No 111, Sch 1.8 [2]; 2013 No 1, Sch 1.18 [1].

Sec 37

Am 1988 No 10, Sch 1 (1); 1989 No 89, Sch 1; 1989 No 169, Sch 8; 1990 No 56, Sch 1, Part 2; 1990 No 108, Sch 1; 1991 No 94, Sch 1; 1992 No 111, Sch 1; 1994 No 32, Sch 3; 1996 No 30, Sch 1.35 [1]; 1996 No 121, Sch 4.55; 2008 No 107, Sch 26; 2013 No 1, Sch 1.18 [2]; 2015 No 2, Sch 3.8 [1] [2]; 2016 No 54, Sch 1.16 [1] [2]; 2018 No 87, Sch 2.8 [2].

Sec 37A

Ins 2008 No 53, Sch 19.

Sec 37B

Ins 2010 No 63, Sch 1.14.

Sec 37C

Ins 2013 No 85, Sch 2.3 [1]. Rep 2016 No 48, Sch 2.34 [1].

Sec 38

Am 1973 No 19, secs 4 (d), 7 (1) (a); 1979 No 88, Sch 1 (3); 1985 No 28, Sch 1 (2); 1998 No 172, Sch 10 [2].

Sec 39

Am 1972 No 41, sec 4 (g); 1979 No 88, Sch 1 (4); 1994 No 32, Sch 3.

Sec 40

Am 1972 No 41, sec 4 (h); 2005 No 31, Sch 13 [5].

Sec 41

Am 1972 No 41, sec 4 (i); 1973 No 19, secs 4 (e), 7 (1) (b), 10 (1); 1979 No 88, Sch 1 (5); 1985 No 28, Sch 1 (3); 1987 No 209, Sch 35 (2); 1998 No 172, Sch 10 [3].

Sec 42

Am 1994 No 32, Sch 3; 1999 No 91, Sch 2.

Sec 43

Am 1972 No 41, sec 4 (j); 1994 No 14, Sch 1 (1); 1994 No 32, Sch 3; 1995 No 88, Sch 1.8 [1].

Sec 43A

Ins 1995 No 88, Sch 1.8 [2].

Sec 45

Am 1989 No 226, Sch 1; 1996 No 111, Sch 1.8 [3]; 1999 No 39, Sch 7 [1].

Sec 45AA

Ins 1999 No 39, Sch 7 [2].

Sec 45A

Ins 1994 No 14, Sch 1 (2).

Sec 46

Subst 1972 No 41, sec 4 (k). Am 1989 No 226, Sch 1.

Sec 46A

Ins 1994 No 14, Sch 1 (3). Am 1997 No 47, Sch 5 [1]; 1997 No 141, Sch 1.11 [1]; 1998 No 49, Sch 23; 2000 No 31, Sch 13 [1]; 2002 No 23, Sch 1.10; 2016 No 60, Sch 4.4 [1] [2].

Sec 46B

Ins 1995 No 88, Sch 1.8 [3].

Sec 47

Rep 1972 No 41, sec 5 (a).

Sec 48

Subst 1972 No 41, sec 5 (b). Am 1973 No 19, sec 9 (1); 1975 No 1, sec 4 (a); 1979 No 96, sec 7 (b); 1979 No 205, Sch 2, Part 1; 1980 No 46, sec 3; 1984 No 93, Sch 1, Part 1; 1984 No 153, Sch 16; 1987 No 111, Sch 1; 1989 No 63, sec 36; 1991 No 34, Sch 3; 1996 No 17, Sch 5.16 [2]; 1996 No 30, Sch 1.35 [2]; 1996 No 111, Sch 1.8 [4] [5]; 2004 No 94, Sch 2.7; 2005 No 31, Sch 13 [6]; 2005 No 98, Sch 3.49 [1]; 2008 No 77, Sch 2.7 [1] [2]; 2010 No 54, Sch 3.17; 2013 No 85, Sch 2.3 [2]; 2013 No 95, Sch 2.137 [1]–[4]; 2015 No 7, Sch 2.41 [1]; 2016 No 54, Sch 1.16 [3]; 2016 No 48, Sch 2.34 [2]; 2020 No 24, Sch 1.13[1] [2]; 2023 No 41, Sch 2.32[1].

Sec 49

Subst 1972 No 41, sec 5 (c).

Sec 50

Rep 1972 No 41, sec 5 (d).

Sec 51

Am 1972 No 41, sec 5 (e) (am 1984 No 153, Sch 16).

Sec 53

Am 1973 No 19, secs 4 (f), 7 (1) (c); 1979 No 88, Sch 1 (6); 1985 No 28, Sch 1 (4); 1996 No 111, Sch 1.8 [6] [7]. Subst 1998 No 172, Sch 10 [4]. Am 2005 No 31, Sch 13 [7].

Part 3, Div 3

Rep 1985 No 28, Sch 1 (5).

Sec 56

Am 1973 No 19, sec 8 (1); 1977 No 120, sec 3 (b). Rep 1985 No 28, Sch 1 (5).

Sec 61

Am 1972 No 41, sec 6; 1994 No 32, Sch 3.

Sec 62

Am 1972 No 28, sec 3 (3).

Sec 64

Rep 1972 No 28, sec 3 (2).

Part 5, heading

Subst 1991 No 12, Sch 1 (1).

Part 5, Div 1, heading

Ins 1991 No 12, Sch 1 (1).

Sec 66

Am 1972 No 41, sec 7 (a).

Sec 69

Am 1996 No 111, Sch 1.8 [8]; 2018 No 29, Sch 1.21.

Sec 69A

Ins 1996 No 6, Sch 1.8. Am 1999 No 94, Sch 4.56 [1], 4.161; 2020 No 31, Sch 1.10[1].

Sec 69B

Ins 1996 No 6, Sch 1.8. Am 2001 No 121, Sch 2.192 [2]; 2007 No 94, Sch 2; 2015 No 15, Sch 2.53.

Sec 69C

Ins 1998 No 137, Sch 2.24 [1]. Am 1999 No 19, Sch 2.44 [1]; 2000 No 53, Sch 3.26 [1]–[5]; 2000 No 93, Sch 2.53 [3]; 2005 No 11, Sch 3.42; 2007 No 94, Sch 2; 2013 No 19, Sch 3; 2014 No 5, Sch 2.28; 2014 No 14, Sch 5.4 [1] [2]; 2017 No 53, Sch 4.27.

Sec 69D

Ins 1998 No 137, Sch 2.24 [1]. Am 2020 No 31, Sch 1.10[2] [3].

Sec 70

Am 1994 No 32, Sch 3.

Sec 71

Am 1972 No 41, sec 7 (b); 1989 No 226, Sch 1.

Sec 71A

Ins 1998 No 137, Sch 2.24 [2]. Am 2001 No 121, Sch 2.192 [3]; 2007 No 94, Sch 2; 2015 No 15, Sch 2.53.

Sec 71B

Ins 1998 No 137, Sch 2.24 [2]. Am 2007 No 94, Sch 2.

Sec 72

Subst 1972 No 41, sec 7 (c). Am 1994 No 32, Sch 3; 2001 No 121, Sch 2.192 [4].

Sec 73

Am 1994 No 32, Sch 3.

Sec 74

Am 1989 No 226, Sch 1.

Sec 75A

Ins 1972 No 41, sec 7 (d). Am 1975 No 1, sec 4 (b); 1989 No 226, Sch 1; 1998 No 137, Sch 2.24 [3]; 2001 No 121, Sch 2.192 [5]; 2015 No 15, Sch 2.53.

Sec 76

Am 1984 No 153, Sch 16; 1993 No 87, Sch 6; 1996 No 96, Sch 2. Rep 2005 No 28, Sch 5.47 [3].

Sec 76A

Ins 1985 No 28, Sch 1 (6). Am 1989 No 169, Sch 8. Rep 2005 No 28, Sch 5.47 [3].

Sec 76B

Ins 1989 No 169, Sch 8. Am 2000 No 36, Sch 1 [1] [2]; 2002 No 70, Sch 6 [1]. Rep 2005 No 28, Sch 5.47 [3].

Sec 76C

Ins 1991 No 12, Sch 1 (2). Am 1993 No 87, Sch 6. Rep 2005 No 28, Sch 5.47 [3].

Part 5, Div 2

Ins 1991 No 12, Sch 1 (3). Rep 2005 No 28, Sch 5.47 [4].

Secs 76D–76G

Ins 1991 No 12, Sch 1 (3). Rep 2005 No 28, Sch 5.47 [4].

Sec 76H

Ins 1991 No 12, Sch 1 (3). Am 1999 No 41, Sch 4.13. Rep 2005 No 28, Sch 5.47 [4].

Sec 77

Am 1972 No 41, sec 8 (a); 2005 No 31, Sch 13 [8].

Secs 78, 79

Am 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.47 [5].

Sec 80

Am 1979 No 65, sec 3; 1988 No 25, sec 37. Rep 2005 No 28, Sch 5.47 [5].

Sec 81

Rep 2005 No 28, Sch 5.47 [5].

Sec 82

Am 1972 No 41, sec 8 (b). Rep 2005 No 28, Sch 5.47 [5].

Sec 83

Subst 1972 No 41, sec 8 (c).

Sec 84

Subst 1972 No 41, sec 8 (d). Am 1994 No 32, Sch 3. Rep 2008 No 80, Sch 2.2 [1].

Sec 85

Am 1977 No 18, Sch 7 (1). Subst 2001 No 124, Sch 2 [1]. Am 2005 No 28, Sch 5.47 [6]; 2005 No 77, Sch 6.17 [1].

Sec 86

Am 1977 No 18, Sch 7 (2). Subst 2001 No 124, Sch 2 [1]. Rep 2005 No 77, Sch 6.17 [2].

Sec 87

Am 1994 No 32, Sch 3; 1997 No 115, Sch 4.23 [1] [2]; 1999 No 19, Sch 2.44 [1]. Subst 2001 No 124, Sch 2 [1]. Rep 2005 No 28, Sch 5.47 [7].

Sec 88

Rep 2001 No 124, Sch 2 [1].

Sec 89

Am 1987 No 79, Sch 1. Subst 1987 No 163, sec 3. Am 1997 No 55, Sch 2.20. Rep 2001 No 124, Sch 2 [1].

Sec 91

Subst 1989 No 226, Sch 1. Am 2005 No 28, Sch 5.47 [8].

Secs 92, 93

Rep 2005 No 28, Sch 5.47 [9].

Sec 94

Am 1983 No 201, sec 3; 1991 No 12, Sch 1 (5); 1995 No 21, Sch 1.2; 1996 No 111, Sch 1.8 [9]. Rep 2005 No 28, Sch 5.47 [9].

Sec 95

Am 1989 No 226, Sch 1; 1993 No 87, Sch 6; 1995 No 88, Sch 1.8 [4]; 1996 No 30, Sch 1.35 [3]. Rep 2005 No 28, Sch 5.47 [9].

Sec 96

Am 1972 No 41, sec 8 (e); 2005 No 28, Sch 5.47 [10].

Sec 97

Am 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.47 [9].

Part 6, Div 4

Rep 2005 No 28, Sch 5.47 [11].

Sec 98

Subst 1972 No 41, sec 8 (f). Rep 2005 No 28, Sch 5.47 [11].

Sec 98A

Ins 1988 No 20, Sch 18 (2). Rep 2005 No 28, Sch 5.47 [11].

Sec 99

Subst 1992 No 57, Sch 1. Rep 2005 No 28, Sch 5.47 [11].

Sec 99A

Ins 1988 No 20, Sch 18 (3). Rep 2005 No 28, Sch 5.47 [11].

Sec 100

Am 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.47 [11].

Sec 101

Subst 1972 No 41, sec 9 (a). Am 1984 No 153, Sch 16; 1984 No 166, Sch 1 (1) (am 1987 No 48, Sch 31); 1987 No 209, Sch 35 (3); 1987 No 250, Sch 1 (1); 1992 No 111, Sch 1; 1993 No 87, Sch 6; 1995 No 88, Sch 1.8 [5]–[7]; 1996 No 111, Sch 1.8 [10]; 1997 No 47, Sch 5 [2]; 1997 No 141, Sch 1.11 [2]; 1998 No 137, Sch 2.24 [4]; 2001 No 34, Sch 4.61; 2001 No 121, Sch 2.192 [6]; 2008 No 80, Sch 2.2 [2]; 2010 No 61, Sch 2.18; 2015 No 15, Sch 2.53; 2016 No 48, Sch 2.34 [3]; 2023 No 41, Sch 2.32[2].

Sec 101A

Ins 1996 No 111, Sch 1.8 [11]. Am 2000 No 31, Sch 13 [2] [3]; 2005 No 98, Sch 3.49 [2] [3].

Sec 104

Am 2005 No 31, Sch 13 [9].

Sec 105

Am 1975 No 1, sec 4 (c).

Secs 106–108

Am 1989 No 226, Sch 1.

Sec 109

Rep 1972 No 41, sec 9 (b). Ins 2000 No 31, Sch 13 [4].

Sec 110

Am 1994 No 32, Sch 3.

Part 7A

Ins 1992 No 69, sec 3. Rep 2001 No 46, sec 4.

Sec 110A

Ins 1992 No 69, sec 3. Am 1993 No 46, Sch 1; 1994 No 32, Sch 1; 1997 No 141, Sch 1.11 [3]. Rep 2001 No 46, sec 4.

Sec 110AA

Ins 1997 No 141, Sch 1.11 [4]. Rep 2001 No 46, sec 4.

Secs 110B

Ins 1992 No 69, sec 3. Am 1999 No 39, Sch 7 [3] [4]. Rep 2001 No 46, sec 4.

Secs 110C, 110D

Ins 1992 No 69, sec 3. Rep 2001 No 46, sec 4.

Sec 110E

Ins 1992 No 69, sec 3. Am 1993 No 46, Sch 1. Rep 2001 No 46, sec 4.

Secs 110F, 110G

Ins 1992 No 69, sec 3. Rep 2001 No 46, sec 4.

Part 7B, heading

Ins 1994 No 57, Sch 1. Am 2003 No 71, Sch 8 [1]. Rep 2005 No 28, Sch 5.47 [12].

Part 7B

Ins 1994 No 57, Sch 1. Rep 2005 No 28, Sch 5.47 [12].

Sec 110H

Ins 1994 No 57, Sch 1. Am 2000 No 36, Sch 1 [3]; 2003 No 71, Sch 8 [2]. Rep 2005 No 28, Sch 5.47 [12].

Sec 110I

Ins 1994 No 57, Sch 1. Am 2003 No 71, Sch 8 [3]. Rep 2005 No 28, Sch 5.47 [12].

Sec 110J

Ins 1994 No 57, Sch 1. Am 2003 No 71, Sch 8 [4]. Rep 2005 No 28, Sch 5.47 [12].

Sec 110K

Ins 1994 No 57, Sch 1. Subst 2000 No 36, Sch 1 [4]. Am 2003 No 71, Sch 8 [5] [6]. Rep 2005 No 28, Sch 5.47 [12].

Sec 110L

Ins 1994 No 57, Sch 1. Subst 2000 No 36, Sch 1 [4]. Am 2003 No 71, Sch 8 [7]. Rep 2005 No 28, Sch 5.47 [12].

Sec 110M

Ins 1994 No 57, Sch 1. Subst 2000 No 36, Sch 1 [4]. Am 2003 No 71, Sch 8 [8]. Rep 2005 No 28, Sch 5.47 [12].

Sec 110N

Ins 1994 No 57, Sch 1. Rep 2005 No 28, Sch 5.47 [12].

Sec 110O

Ins 1994 No 57, Sch 1. Subst 2003 No 71, Sch 8 [9]. Rep 2005 No 28, Sch 5.47 [12].

Sec 110P

Ins 1994 No 57, Sch 1. Am 2003 No 71, Sch 8 [10] [11]. Rep 2005 No 28, Sch 5.47 [12].

Sec 110Q

Ins 1994 No 57, Sch 1. Am 2003 No 71, Sch 8 [12]. Rep 2005 No 28, Sch 5.47 [12].

Sec 110R

Ins 1994 No 57, Sch 1. Am 2003 No 71, Sch 8 [13]–[15]. Rep 2005 No 28, Sch 5.47 [12].

Sec 110S

Ins 1994 No 57, Sch 1. Rep 2005 No 28, Sch 5.47 [12].

Part 8, heading

Am 2005 No 31, Sch 13 [10].

Part 8, Div 1, heading

Am 2005 No 31, Sch 13 [11].

Sec 111

Am 1988 No 10, Sch 1 (2); 1989 No 169, Sch 8; 1990 No 56, Sch 1, Part 2; 1993 No 87, Sch 5; 1994 No 32, Sch 3; 2002 No 7, Sch 1 [2]; 2005 No 31, Sch 13 [12]; 2006 No 120, Sch 3.25 [2]; 2015 No 2, Sch 3.8 [3]; 2018 No 87, Sch 2.8 [3].

Sec 112

Am 1972 No 69, sec 4 (b); 1976 No 4, Sch 5; 1994 No 32, Sch 3; 2005 No 31, Sch 13 [13]–[15].

Sec 113

Am 1994 No 32, Sch 3. Subst 2005 No 31, Sch 13 [16]. Am 2017 No 22, Sch 4.44 [1] [2].

Sec 114

Am 1994 No 32, Sch 3; 2005 No 31, Sch 13 [17]–[19]; 2008 No 23, Sch 3.44 [1] [2]; 2010 No 19, Sch 3.108 [1] [2].

Sec 115

Am 1986 No 100, Sch 4; 1988 No 10, Sch 1 (3); 1990 No 56, Sch 1, Part 2; 1994 No 32, Sch 3; 2005 No 31, Sch 13 [20]; 2018 No 87, Sch 2.8 [4].

Sec 116

Subst 1972 No 41, sec 10 (a). Am 2005 No 31, Sch 13 [21].

Sec 117

Am 1972 No 41, sec 10 (b); 2005 No 31, Sch 13 [22].

Sec 117A

Ins 1972 No 41, sec 10 (c). Am 1989 No 226, Sch 1; 2005 No 31, Sch 13 [23]–[25].

Sec 118

Subst 1972 No 41, sec 10 (d). Am 1989 No 226, Sch 1; 2005 No 31, Sch 13 [26]–[28].

Sec 119

Am 1977 No 120, sec 3 (c); 1994 No 32, Sch 3; 1999 No 39, Sch 7 [5].

Sec 120

Subst 2005 No 31, Sch 13 [29]. Am 2017 No 22, Sch 4.44 [3].

Sec 120A

Ins 2005 No 31, Sch 13 [30]. Am 2007 No 56, Sch 8 [3]; 2007 No 94, Sch 2; 2017 No 22, Sch 4.44 [4].

Sec 121

Subst 1972 No 41, sec 10 (e). Am 1989 No 226, Sch 1; 1994 No 32, Sch 3.

Sec 122

Am 2000 No 93, Sch 2.53 [4].

Sec 123

Am 1972 No 41, sec 11 (1) (a); 1990 No 108, Sch 1; 1994 No 32, Schs 1, 3; 2006 No 120, Sch 3.25 [3]; 2007 No 56, Sch 8 [4]; 2015 No 7, Sch 2.41 [2].

Sec 123A

Ins 1994 No 32, Sch 1.

Sec 124

Am 1972 No 41, sec 11 (1) (b); 1979 No 205, Sch 2, Part 1; 1984 No 54, sec 3; 1984 No 166, Sch 1 (2); 1986 No 218, Sch 47; 1987 No 111, Sch 1; 1988 No 92, Sch 26; 1989 No 138, Sch 7; 1991 No 12, Sch 1 (4); 1993 No 87, Sch 6; 1994 No 32, Sch 3; 1994 No 57, Sch 1; 1997 No 58, Sch 2.3 [1] [2]; 1998 No 172, Sch 10 [5]; 2000 No 93, Sch 2.53 [5]–[8]; 2003 No 71, Sch 8 [16]; 2005 No 28, Sch 5.47 [13] [14]; 2005 No 31, Sch 13 [31]–[35]; 2005 No 98, Sch 3.49 [4] [5]; 2009 No 56, Sch 4.71 [3] [4]; 2010 No 119, Sch 2.39 [1] [2]; 2015 No 7, Sch 2.41 [3] [4].

Sec 125

Rep 1987 No 48, Sch 32. Ins 2010 No 135, Sch 17.

Part 9A

Ins 2014 No 44, Sch 2.

Sec 126

Rep 1972 No 41, sec 11 (1) (c). Ins 2014 No 44, Sch 2. Am 2017 No 68, Sch 2.15.

Secs 127, 128

Ins 1972 No 41, sec 11 (1) (d). Rep 1987 No 48, Sch 32. Ins 2014 No 44, Sch 2.

Part 10

Ins 1972 No 41, sec 12.

Sec 129

Ins 1972 No 41, sec 12. Rep 1972 No 48, Sch. Ins 1994 No 14, Sch 1 (4).

Sec 130

Ins 1972 No 41, sec 12.

Sec 131

Ins 2016 No 26, Sch 1.

First Sch

Am 1972 No 41, First Sch; 1977 No 18, Sch 4; 1987 No 70, Sch 5.

Second Sch

Am 1972 No 41, Second and Third Schs; 1973 No 9, Sch 2; 1973 No 87, Sch 1; 1976 No 3, Sch 1; 1976 No 63, Sch 1; 1977 No 18, Sch 4; 1977 No 126, Sch 1; 1979 No 62, Sch 1; 1979 No 78, Sch 1; 1979 No 205, Sch 1; 1979 No 208, Sch 4; 1980 No 103, Sch 7; 1981 No 80, Sch 3; 1981 No 125, Sch 1; 1982 No 130, Sch 2; 1983 No 86, Sch 3; 1984 No 160, Sch 1; 1986 No 85, Sch 1; 1987 No 66, Sch 4; 1987 No 68, Sch 3; 1987 No 70, Sch 5; 1987 No 108, Sch 1; 1987 No 109, Sch 1; 1987 No 143, Sch 1. Rep 1999 No 85, Sch 4.

Third Sch, heading

Am 1979 No 88, Sch 1 (7).

Third Sch

Am 1979 No 96, sec 7 (c); 1984 No 153, Sch 16; 1987 No 58, Sch 3; 1987 No 238, Sch 1; 1987 No 250, Sch 1 (2); 1988 No 20, Sch 18 (4); 1999 No 94, Sch 4.56 [2]; 2001 No 121, Sch 2.192 [7]; 2013 No 1, Sch 1.18 [3]; 2017 No 55, Sch 3.8.

Fourth Sch, heading

Rep 1970 No 52, sec 122 (2). Ins 1994 No 14, Sch 1 (5). Am 2015 No 48, Sch 3.6 [1].

Fourth Sch

Rep 1970 No 52, sec 122 (2). Ins 1994 No 14, Sch 1 (5). Am 1995 No 88, Sch 1.8 [8]; 1996 No 111, Sch 1.8 [12]; 1997 No 47, Sch 5 [3]; 1997 No 115, Sch 4.23 [3]; 1997 No 141, Sch 1.11 [5]; 1998 No 120, Sch 2.37; 1998 No 172, Sch 10 [6]–[12]; 1999 No 39, Sch 7 [6]; 2000 No 31, Sch 13 [5] [6]; 2000 No 36, Sch 1 [5]; 2000 No 93, Sch 2.53 [9]; 2001 No 124, Sch 2 [2] [3]; 2002 No 70, Sch 6 [2]; 2003 No 71, Sch 8 [17] [18]; 2005 No 31, Sch 13 [36] [37]; 2008 No 77, Sch 2.7 [3] [4]; 2013 No 1, Sch 1.18 [4] [5]; 2015 No 48, Sch 3.6 [2].

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