Supreme Court Act Amendment Act 1971 (WA)

WESTERN AUSTRALIA.

SUPREME COURT.

No. 39 of 1971.

AN ACT to amend the Supreme Court

Act, 1935-1964.

[Assented to 10th December, 1971.]

BE it enacted by the Queen's Most ExcellentMajesty, 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 Short title and citation.

Court Act Amendment Act, 1971.

(2) In this Act the Supreme Court Act, 1935-1964,	Reprinted
Vol. 13

is referred to as the principal Act.	Acts, ap-
proved for
reprint 30th Sept., 1958,

(3) The principal Act as amended by this Act may	by Acts
as amended

be cited as the Supreme Court Act, 1935-1971.	Nos. 5 of1900,12 of
1903,39 of 1964 and 32 of 1909.

No. 39.] Supreme Court. [1971.

Amendment

toe. 11. 2. Subsection (1) of section 11 of the principal

(Qualified	Act is amended by substituting for the words "and
may be
appointed	for no longer" in the last line thereof the words "but
temporarily
in place of	the appointment of the acting Judge authorises him
Judge.)	to complete the hearing and determination of any proceedings that may be pending before him at the time when his appointment under this section would normally have determined".
Repeal of

person

a. 17. 3. Section 17 of the principal Act is hereby

Jurisdic-	(Admiralty repealed.
tion.) tionisernent 4. Section 38 of the principal Act is amended by
place of (Time and substituting for the passage "Subject to the Rules
sittings
of the of Court, the" in line one the word "The".
Court.)
Repeal
and re- 5. Section 40 of the principal Act is repealed and
eriactment re-enacted as follows
of s. 40.
(Criminal
sittings in
Perth.) 40. Criminal sittings of the Court shall be held in Perth in each month except the month of January in which month the Court may sit in Perth at such times for the transaction of such part of the business of the Court in its Criminal Jurisdiction as the Chief Justice may, from time to time, direct. .
Amendment
toe. 45. 6. Section 45 of the principal Act is amended by
vacation.)
(Sittings in deleting the words "immediately and promptly" in the last line thereof.
Amendment
to s. 46. 7. Section 46 of the principal Act is amended
(Circuit
districts (a) by substituting for the word "Sittings" in
and sittings
of the
Supreme line one of subsection (2) the passage
therein.)
Court "Subject to subsection (2a) of this section, sittings"; and

(b) by adding after subsection (2) a subsection as follows

(2a) Any such rule as is referred to in

subsection (2) of this section may provide

that with respect to any circuit district

1971.] Supreme Court. [No. 39.

specified in the rule, the sittings of the Supreme Court therein shall be held in each year on such days and at such place as the Chief Justice may, by notice pub- lished in the Government Gazette from time to time appoint. .

Amendment

8. Section 49 of the principal Act is amended

to. s. 49.

(Jurisdic-

tion of

Commie-

(a)	by adding after the word "to" in line two	stoner.)
of subsection (1) the words "a Judge of the District Court of Western Australia or to";
(b)	by deleting the words "or resident" in line four of subsection (1); and
(c)	by adding after the word "Act" being the last word in subsection (2) the passage ", and any person to whom it is given is thereby authorised to complete the hearing and determination of any proceedings that may be duly pending before him at the time when the commission would normally have determined". .

9. Section 51 of the principal Act is amended— inciliment

for trial.) (Reference

(a)	by adding after the section number "51." the subsection designation "(1)"; and
(b)	by adding a subsection as follows

(2) The Court or a Judge may at any time order that any assessment of damages be tried before the Master on such conditions and under such circum- stances, if any, as may be specified in the order. .

10. Section 57 of the principal Act is amended— tr. g.tisr"‘

(a) by adding after the section number "57." AllogV) the subsection designation "(1)"; and

No. 39.] Supreme Court. [1971.

(b) by adding a subsection as follows

(2) The Full Court may sit in two divisions at the same time. .

Amendment

to s. 117.	11.	Subsection (2) of section 117 of the principal
(Enforce-

ment of	Act is amended by deleting the passage "and to
Judgments
for	section one hundred and nine A of this Act," in lines
recovery or
Payment	two and three.
of money.)
Amendment

to s. 118.	12.	The proviso to section 118 of the principal Act
nest loofas.)

(Writ of is repealed and re-enacted as follows

Provided that the following goods shall be protected from seizure

Wearing apparel of such defendant or other person to the value of one hundred and fifty dollars and of his wife to the value of one hundred and fifty dollars and of his family to the value of seventy- five dollars for each member thereof dependent on him; furniture and effects (including beds and bedding) used for domestic purposes to a value not exceed- ing in the aggregate seven hundred and fifty dollars; implements of trade to the value of one hundred and fifty dollars; family photographs and portraits. .

Repeal and

re-enact-	13.	Section 142 of the principal Act is repealed
ment of

s. 142.	and re-enacted as follows-
(Interest on

Judgment.)	142. (1) Every judgment debt shall carry interest at such rate for every hundred dollars by the year as the Treasurer from time to time by notice published in the Government Gazette determines from the time of entering up the judgment until the judgment is satisfied, and the interest may be levied under a writ or warrant of execution on the judgment.
(2) This section applies to a judgment in a Local Court, except where the amount of the debt, claim or demand allowed by the judgment does not exceed seven hundred and fifty dollars.

1971.] Supreme Court. [No. 39.

14. Section 145 of the principal Act is amended— Amendment to s. 145.

(a)	by substituting for the figures "14" in line en:-
three of subsection (1) the figures "18"; WenkW ruptcy Act

(Corn.), and

(b) by repealing subsection (2) and re-enact- 56 Wet.

ing it as follows No. 8.)

(2) Divisions (2) and (3) of this Part of this Act are subject to sections one hundred and eighteen to one hundred and twenty-eight, both inclusive, of the Bankruptcy Act 1966, as amended and in force from time to time, of the Parlia- ment of the Commonwealth. ; and

(c) by repealing subsection (3) and re-enact-

ing it as follows

(3) This Part of this Act is subject to

section two hundred and twenty-eight of

the Companies Act, 1961. .

15. Section 159 of the principal Act is repealed	Repeal and
re-enact-

and re-enacted as follows-	ment of
S. 159.
(Protection

159. (1) Where any goods in the possession

of sheriff

selling goods

of an execution debtor at the time of seizure by

under

execution

the sheriff or other officer charged with the

without notice of

enforcement of a writ, warrant, or other process

claim of

third

of execution are sold by the sheriff or the other

party.)

officer without any claim having been made to

Vide Singh

d. Kenyan

the goods

Insurance

Ltd. 1954

A .C. 287.

(a)	the purchaser of the goods so sold acquires a good title to them; and
(b)	no person is entitled to recover against the sheriff, the other officer or any person lawfully acting under the authority of the sheriff by reason of the sale of those goods unless it is proved that the sheriff, the other officer or person so acting, had notice or might by making reasonable inquiry have ascertained that the goods were not the property of the execution debtor.

No. 39.] Supreme Court. [1971.

(2) Nothing contained in subsection (1) of this section affects the right of any claimant to any remedy to which he is entitled against any person other than the sheriff, such other officer or such person so acting or the purchaser of the goods if the claimant proves that at the time of such sale he had a title to the goods so seized and sold. .

Repeal of

s. /M.	16.	Section 161 of the principal Act is hereby
of actions

(Limitation	repealed.
against sheriff.)
Amendment

to a. 167.	17.	Subsection (1) of section 167 of the principal
(Rules of

Court.) Act is amended

(a)	by adding after the word "applications" in line fourteen of paragraph (a) the words "or appeals";
(b)	by repealing paragraph (c) and re-enacting it as follows

(c) For conferring on the Master or other officer of the Court either generally or in particular cases and under such circumstances and on such conditions as are prescribed, power to do such things, to trans- act such business and to exercise such authority and jurisdiction as a Judge sitting in chambers may by virtue of a statute, custom or rule or practice of the Court, do, trans- act or exercise: ;

(c)	by substituting for the words "Official Trustee" in line two of paragraph (k) the words "Public Trustee"; and
(d)	by adding after the word "disposal" in line one of paragraph (m) the words "of all or any exhibits in the custody of the Court which are not claimed by the owner thereof within the period prescribed and".

1971.] Supreme Court. [No. 39.

18. Section 176 of the principal Act is repealed Repeal and re-enact-

and re-enacted as follows-	ment of
5. 176.
(Affidavits

176. Any affidavit required for use in any cause or matter depending in or before the

may be

taken by a

Justice of the peace

Court or before any Judge or officer of the

in absence of a com-

Court, and any bond or recognisance required

missioner.)

to be filed in the Court, may be sworn or executed within the State before a commis- sioner, appointed under section one hundred and seventy-five of this Act, a justice of the peace for the State or for any part or district thereof, or such other person as may be pre- scribed by Rules of Court. .

19. Section 177 of the principal Act is amended— tgnse rrent

(a) by repealing and re-enacting subsection LtAlrovtlitt8of Western

(1) as follows— Australia.)

(1) Affidavits for use in the Court or in any other court, or for any purpose or in any way authorised by law, may be sworn and taken in any place out of the State in accordance with Rules of Court. ; and

(b)	by repealing subsections (2), (3) and
(4). .