Supreme Court Acts Amendment Act 1980 (Qld)

844 ANNO VICESIMO NONO ELIZABETHAE SECUI! DAE REGINAE No. 57 of 1980 An Act to provide for Masters of the Supreme Court and for related purposes and, in connexion therewith, to amend the Supreme Court Act of 1867 as amended [ASSENTED TO 30TH SEPTEMBER, 1980]

Supreme Court Acts Amendment Act 1980, No. 57 845 BE IT ENACTED by the Queen ' s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Supreme Court Acts Amendment Act 1980. 2. Collective title. The Supreme Court Act 1861-1975 and this Act may be collectively cited as the Supreme Court Acts 1861-1980. 3. Commencement . This Act shall commence on a day to be fixed by Proclamation. 4. New heading and new section 39A inserted in 31 Vic. No. 23. The Supreme Court Act of 1867 as amended is amended by inserting after section 39 the following heading and section:- " MASTERS 39A. Masters. (1) The Supreme Court shall have such number of masters, being at least two, as the Governor in Council from time to time thinks fit. (2) Masters shall be appointed by the Governor in Council by commissions in Her Majesty's name from persons qualified for appointment in accordance with subsection (3). (3) Persons qualified for appointment as masters are- (a) District Court Judges; (b) barristers of the Supreme Court of not less than 5 years' standing; (c) solicitors of the Supreme Court of not less than 5 years' standing. (4) (a) A master shall have seniority according to the date on which his appointment as master takes effect. (b) Where the appointments of two or more masters take effect on the same date, their order of seniority shall be such as is assigned to them by the Governor in Council. (5) (a) The Governor in Council, by commission in Her-Majesty's name, may appoint a person qualified for appointment as a master to be an acting master if circumstances occur that in his opinion make it necessary or desirable to do so. (b) An acting master so appointed, during the time for which he is appointed, shall have the powers, jurisdiction and functions and perform the duties of a master. (6) (a) The provisions of the law applicable to a District Court Judge with respect to salary, allowances by way of travelling expenses and leave of absence are applicable to a master or an acting master as though he were a District Court Judge.

846 Supreme Court Acts Amendment Act 1980, No. 57 (b) Salary payable to a master or an acting master shall be a charge upon and paid out of Consolidated Revenue which is hereby appropriated accordingly. (7) The provisions of the law applicable to a District Court Judge with respect to retirement and pensions (and, in the case of pensions, applicable to the widow or any child of a District Court Judge) are applicable to a master (and, in the case of pensions, to the widow or any child of a master) as though the master were a District Court Judge. (8) A master or an acting master shall not practise as a barrister, solicitor or notary or be directly or indirectly concerned or interested in the practice of a barrister, solicitor or notary; and he shall not be capable of being summoned or being chosen as a member of the Legislative Assembly. (9) (a) The Governor in Council may remove a master or an acting master for incapacity or misbehaviour: Provided that, 21 days at the least before removal, the master or acting master shall receive notice of the intention to remove him, and he shall thereafter and before removal have the opportunity of being heard. before the Governor in Council in his defence. (b) The proviso to paragraph (a) shall not apply in the case of an acting master where the Governor in Council determines, because of the proximity of the expiration of the time for which he was appointed acting master, that the proviso should not apply and notifies such determination in the Gazette. (10) (a) If a District Court Judge is appointed master or acting master, his service as a District Court Judge shall be taken into account in computing length of service as a master or an acting master for the purpose of determining any matter relating to leave of absence, pension or any other entitlement. (b) If a master or an acting master is appointed a District Court Judge, his service as a master or an acting master shall be taken into account in computing length of service as a District Court Judge for the purpose of determining any matter relating to leave of absence, pension or any other entitlement. (11) (a) The masters shall exercise such of the powers. jurisdiction and functions of the Supreme Court as may be prescribed in Rules of Court made from time to time in that regard, and such Rules of Court may be made accordingly pursuant to the power to make Rules of Court conferred by The Supreme Court Act of 1921 as amended. (b) Such Rules of Court may also make provision- (i) relating to appeals from or in respect of any decision, judgment or order of a master; (ii) for, in connexion with and consequent upon the stating of a special case by a master for the opinion of the Full Court of the Supreme'Court on any question of law.".