Supreme Court Act Amendment Act 1957 (WA)

1957.] Supreme Court. [No. 63.

SUPREME COURT.

6° Elizabeth II., No. LXIII.

No. 63 of 1957.

AN ACT to amend the Supreme Court

Act, 1935-1954.

[Assented to 6th December, 1957.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the Supreme	Snort title
and citation.

Court Act Amendment Act, 1957.

(2) In this Act, the Supreme Court Act, 1935-

1954,

Act No. 36 of 1935 as amended by Acts Nos. 8 of 1937, 10 of 1945, 35 of 1945, 50 of 1946, 9 of 1947, 73 of 1948, 17 of 1949, 35 of 1950, 21 of 1954 and 73 of 1954,

is referred to as the principal Act.

No. 63.] Supreme Court. [1957.

(3) The principal Act as amended by this Act

may be cited as the Supreme Court Act, 1935-1957.

9. /5

amended. 2. Section fifteen of the principal Act is

amended

(a) by adding after the section designation, "15", the subsection designation, "(1)";

(b) by adding after the passage,

"The Seal of the Supreme Court of

Western Australia"

in lines four and five, the passage, ", and such other seals as are recommended by the Chief Justice and approved by the Attorney General"; and

(c) by adding a subsection as follows

(2) The Judges of the Supreme Court may make Rules of Court providing for the custody and use of any seal referred to in subsection (1) of this section and the purposes for or occasions on which a seal so referred to may be used.

8. 58

amended. 3. Section fifty-eight of the principal Act is

amended

(a) by substituting for the passage, "shall hear and determine—" in lines two and three, the passage, "shall have and shall be deemed since the coming into operation of this Act always to have had jurisdiction to hear and determine—"; and

(b) by adding a subsection as follows:

(2) Any appeal, application, cause, matter or proceedings referred to in sub- section (1) of this section shall lie or may be made to, or may be brought before, the Full Court which, subject as aforesaid, shall hear and determine the same, and questions incidental thereto.

1957.] Supreme Court. [No. 63.

4. Subsection (1) of section one hundred and ;1r1:nded

sixty-seven of the principal Act is amended by

adding after paragraph (1) a paragraph as follows

For the custody, preservation or disposal of

(m) all or any records of the Court or of its proceedings or of any division or special jurisdiction of the Court, including records relating to the exercise of any federal juris- diction or any jurisdiction conferred by any Act enacted by the Parliament of the Com- monwealth, or for the custody, preservation or disposal of any portion of those records and of any documents filed or deposited in connection therewith, or under any statute or law of the State or the Commonwealth, and whether the person to be entrusted for the time being and from time to time with the custody of those records or documents is an officer in the Public Service of the Commonwealth or the State or otherwise.