Supreme Court (Amendment) Act 1972 (NSW)

SUPREME COURT (AMENDMENT) ACT.

jgetD ^outt) IMalesi

ANNO VICESIMO PRIMO

ELIZABETHS II BEGINS

Act No. 41, 1972.

An Act to make further provisions relating to the administration of justice and the procedure and practice o f the Supreme Court; for these and other purposes to amend the Supreme Court Act, 1970, and certain other Acts; and for purposes connected therewith. [Assented to, 11th April, 1972.]

O E it enacted by the Queen’s Most Excellent Majesty, by

and with the advice and consent of the Legislative

Council and Legislative Assembly of New South Wales in

Parliament assembled, and by the authority of the same, as

follows; —

1.     This Act may be cited as the “Supreme Court (Amend- Short title,

ment) Act, 1972”.

2.

Supreme Court {Amendment).

No. 41,1972 2. The Supreme Court Act, 1970, is in this Act referred

Con^c-	to as the Principal Act.
tion.

Amendment	3.	Part I of the Principal Act is amended—
of Act No. 52,1970. (Part I.— Pre­ liminary.)

Sec. 4. (a) (i) by omitting from section four the figures “126”

(Division	and by inserting in lieu thereof the figures
of Act.)	“128” ;

(ii)   by inserting in the same section next after the matter relating to Part IX the following new matter ;—

PART X.— Su p p l e m e n t a l — yy. 129­

130.

Sec. 8. ( b ) (i) by omitting from the Table in paragraph (f)

(Construe-

of subsection one of section eight the words

references)

“Deputy Master in the Protective Jurisdiction

of the Supreme Court.” ;

(ii)   by emitting from the same Table the words “Registrar in the Protective Division.” ;

Sec. 13. (c) by inserting at the end of section thirteen the

(Judges.) following new subsection : —

(2) The person who immediately before the

commencement of this Act held the office of Judge

' exercising the matrimonial causes juri.sdiction of the Court shall, on the commencement of this Act, be Chief Judge in Divorce.

Sec. 16. (d) by omitting from paragraph (b) of subsection three

(Pending

of section sixteen the words “mesne process” and by

proceed­

ings.)

inserting in lieu thereof the words “mesne process

or under any writ of capias ad satisfaciendum” ;

(e)

58S

Supreme Court {Amendment).

(e)	(i)	by omitting subsection two of section seventeen No. 41,1972
and by inserting in lieu thereof the following
subsection (2) Rules may be made under this Act- (Criminal proceed­

ings.)

(a)	for regulating and prescribing the practice and procedure of the Court; and
(b)	without limiting the generality of paragraph (a) of this subsection, for providing for the regulation of the sittings and order of business of the Court and the regulation of the vaca­ tions and holidays to be observed by the Court and in the offices of the Court,

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

(ii)   by inserting next after the same subsection the following new subsection :—

(2a) The provisions of this Act, including Part IX (subsections one and four of section one hundred and twenty-four excepted), apply in relation to rules made pursuant to sub­ section two of this section as they apply in relation to other rules.

(iii)   by omitting from subsection three of the same section the words “and seventy-two” and by inserting in lieu thereof the words “, seventy- two and one hundred and thirty” ;

(f) (i) by omitting from the definition of “common Sec. 19.

law claim” in section nineteen the word (interpreta- “delivery” and by inserting in lieu thereof the generally.)

word “detention” ;

(ii)

Supreme Court {Amendment).

No. 41, 1972 (ii) by inserting in the same section next after the definition of “land” the following new definition :—

“minor” means a person under the age of

eighteen years.

(iii)   by omitting from the same section the definition of “rules” and by inserting in lieu thereof the following definition ;—

“rules” means rules of the Court from time to time in force, whether in force as rules in the Fourth Schedule to this Act, or as rules made by the Rule Committee, or otherwise in force, and includes any schedule to rules of the Court.

(iv)   by omitting from paragraph (a) of the defini­ tion of “stated case” in the same section the word “special” ;

(v)   by inserting at the end of the same section the following new subsection :—

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

(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.

Supreme Court {Amendment).

4.	Part II of the Principal Act is amended—	No. 41,1972
Further amendment of Act No.
52, 1970.
(Part II.— The Court.)

(a)	by omitting section twenty-four and by inserting in Subst. sec.
lieu thereof the following section — ’

24. (1) In this section “special office” means Court to

the office of Chief Judge in Equity, Chief Judge in

Divorce, Probate Judge, and any other special etc.	’
judicial office in the Court.
(2) Where, under the law in force imme­ diately 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) of this subsection, that power shall not be exercised by those Judges or that Judge.

(3) Where, under the law in force immedi­ ately 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 (his Act and the rules.

C4)

Supreme Court (Amendment).

No. 41, 1972 (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 com­ mencement 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 collec­ tively or any two or more Judges as desig­ nated persons, or in any Judge in special office or any Judge as a designated person;
(c)	exercise of the power is expressed under the law in force immediately before the com­ mencement 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 rela­ tion to the making of general orders under Division 1 of Part XXIV of the Conveyanc­ ing Act, 1919;
(c)	vested in a Judge as judge, or additional or deputy judge, of the Land and Valuation Court;
(d)	vested in a Judge as chairman, or addi­ tional temporary chairman, of the Crown Employees Appeal Board;

(e)

Supreme Court (Amendment).

(e)

vested in a Judge in special office or other No. 4i, 1972 otherwise) of a board, committee or other body of persons not composed wholly of Judges.

(7) The Governor may direct by proclama­

tion 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 subsection nine of this section.

(8) A proclamation under subsection seven

of this section shall—

(a) be published in the Gazette;

(b)	take effect on and from the date of publica­ tion or a later date specified in the proclamation ; and
(c)	be laid before each House of Parliament within fourteen sitting days of that House after the date of publication.
(9) If either House of Parliament passes a

resolution, of which notice has been given within fifteen sitting days of that House after a proclama­ tion under subsection seven of this section has been laid before it, disallowing the proclamation or any part of it, the proclamation or part shall thereupon cease to have effect.

( 1 0 )

Supreme Court {Amendment).

No. 41,1972 (10) For the purposes of subsections eight and nine of this section, sitting days shall be counted, whether or not they occur during the same session.

Sec. 26.	(b) by omitting subsection two of section twenty-six
(Appoint­

ment and	and by inserting in lieu thereof the following
qualifica­	subsections : —
tions : Chief Justice and other
Judges.)

Qualifica­	(2)	A person appointed as Chief Justice shall, at
tions.

Act No. 35,	the time of his appointment, be—
1900,

ss. 5, 9.

(a) a Judge;

(b)	a member of the Industrial Commission of New South Wales;
(c)	a barrister of not less than five years’ standing;
(d)	a solicitor of not less than seven years’ standing; or
(e)	a barrister or a solicitor of less than five years’ or seven years’ standing respectively,
̂	where at all times during a continuous period of not less than seven years he was on the roll of solicitors when he was not on the roll of barristers or on the roll of barristers when he was not on the roll of solicitors.

(3) A person appointed as a Judge shall, at the

time of his appointment, be a person holding a qualification specified in paragraph (b), (c), (d) or (e) of subsection two of this section.

(c)

Supreme Court (Amendment).

(c)	by omitting section twenty-eight and by inserting No. 4i, 1972
in lieu thereof the following section : — subsTlec

28. ■ ■

28. (1) The Governor may, by commission Chief

under the public seal of the State, appoint any î vfslons;

Judge to be Chief Judge at Common Law, Chief Probate

Judge in Equity, Chief Judge in Divorce or Probate

Judge.

(2) A Judge may be appointed to be Chief

Judge at Common Law, Chief Judge in Equity, Chief Judge in Divorce or Probate Judge either at the time of his appointment as a Judge or at any time afterwards.

(3) Each of them the Chief Judge at Common Law, the Chief Judge in Equity, the Chief Judge in Divorce and the Probate Judge shall hold that office so long as he holds office as a Judge.

(4) With the approval of the Governor, a Judge holding office as Chief Judge at Common Law, Chief Judge in Equity, Chief Judge in Divorce or Probate Judge may resign that office without resigning his office as a Judge.

(5) The Chief Judge at Common Law shall be Chief Judge of the Common Law Division.

(6) The Chief Judge in Equity shall be Chief Judge of the Equity Division.

(7) The Chief Judge in Divorce shall be Chief Judge of the Divorce Division.

(8) In relation to the Chief Judge in Equity,

the Chief Judge in Divorce and the Probate Judge, subsection one of this section has effect subject to section thirteen of this Act.

(d)

Supreme Court (Amendment).

No. 41, 1972 (d) by omitting subsection one of section twenty-

Sec. 29.	nine and by inserting in lieu thereof the following
(Salaries.)	subsection :—

(1) The annual salaries of the Judges shall be

as follows—

(a)	of the Chief Justice—twenty-nine thousand eight hundred dollars;
(b)	of the President of the Court of Appeal— twenty-eight thousand two hundred and twenty dollars; and

. (c) of the other Judges—twenty-seven thousand four hundred dollars.

Sec. 34. ( e ) by omitting subsection one of section thirty-four

(Vacancies.)

and by inserting in lieu thereof the following sub­

section :—

(1) Where there is a vacancy in the oflSce of

President of the Court of Appeal, or the President is absent from his duties, 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.

Sec. 36.	(f) by omitting from subsection one of section thirty-
Judges of

(Additional	six the words “ (other than the Chief Justice)” ;
Appeal.)

Sec. 39.	(g) (i) by omitting from paragraph (a) of subsection
(Intra-curial

arrange­	two of section thirty-nine the word “and”
ments. )	where secondly occurring;

(ii)

Supreme Court {Amendment).

( i i )

by omitting from paragraph ( b ) of the same No. 4i, 1972 inserting in lieu thereof the following word;; and new paragraph ; —

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) of this subsection, shall be made by the Chief Judge.

(h) by omitting from subsection two of section forty Sec. 40. the words “master or” and by inserting in lieu (Single thereof the words “master or before a registrar or” ; constitute

the Court.)

( i )	(i)	tion one of section forty-one the words “Chief
by omitting from paragraph (a) of subsec-Sec.4i. words “Chief Judge at Common Law”;
(ii)	by omitting subsection four of the same section;

(j)	by omitting from subsection five of section forty-Sec. 43. three the words “Two Courts” and by inserting in (Sittings.) lieu thereof the words “More than one Court” ;
(k)	by omitting section forty-six and by inserting in Subst.
lieu thereof the following section — ^ec. 46.
46. (1) A Judge of Appeal may exercise the Powers of powers of the Court of Appeal— ^ppeal.̂

(a) to direct the entry of any judgment by con­ sent or make any order by consent;

(b)

Supreme Court {Amendment).

No. 41, 1972

(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 inciden­ tal to the matters mentioned in paragraphs (a), (b) and (c) of this subsection.

15& 16	(2) A Judge of Appeal may exercise the
Geo. 5, c.

49, s. 69	powers of the Court of Appeal—
( 1) .

(a)	to make any order or give any direction con­ cerning 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 determina­ tion or decision of the appeal or other proceedings.

(3) Subsection two of this section does not authorise a Judge of Appeal to gram or refuse leave to appeal to the Court of Appeal.

15 & 16 Geo. (4) The Court of Appeal may discharge or

5, c. 49,

vary a judgment entered by direction of a Judge

s. 69 (2);

Act No. 21,

of Appeal, or an order made or direction given by

1899, s. 254a

a Judge of Appeal.

(3); Act

No. 35, 1900.

s. 20 (3);

Court of

Appeal

Rules, r. 23.

Supreme Court {Amendment).

(5) Subject to subsection four of this No. 41,1972

section, a judgment entered by direction of a Judge of Appeal, or an order made or direction given by a Judge of Appeal, shall have effect as a judgment or order or direction of the Court of Appeal, whether or not the direction or order is within the powers of the Judge of Appeal under this section.

5. Part III of the Principal Act is amended— Further amendment of Act No. 52, 1970. (Part I l l - Distribution of Business.)

(a) by omitting section forty-seven;

Sec. 47.

(Pre­

liminary.)

(b)	by omitting section forty-eight and by inserting in Subst.
lieu thereof the following section :— sec. 48.

48. (1) (a) In this section—

Assignment

to the

Court of

“specified tribunal’’ means—

Appeal.

(i)   the judge or an additional or deputy judge of the Land and Valuation Court;

(ii)   the Industrial Commission of New South Wales or a member of the Commission;

(iii)   the Crown Employees Appeal Board or a member of the Board who is chairman or additional temporary chairman of the Board;

(iv)

Supreme Court {Amendment).

No. 41, 1972

(iv) a district court, a judge of a district court, or a chairman of quarter sessions;

(v)	the Workers’ Compensation Com­ mission of New South Wales or a member of the Commission;
(vi)	a judge or member functioning or purporting to function under any Act giving power to a judge or member, whether as judge or mem­ ber or as a designated person;
(vii)	a body of persons having amongst its number a judge or member, being a body functioning or purporting to function under any Act giving power to a body having amongst its number a judge or member, whether as judge or member or as a designated person; or

(viii) the Sohcitors’ Statutory Committee.

(b) In subparagraphs (vi) and (vii)

of paragraph (a) of this subsection “judge or member” means a judge or member mentioned in any of subparagraphs (i) to (v) inclusive of that paragraph.

(2) There are assigned to the Court of

Appeal proceedings in the Court—

(a) under the Supreme Court (Summary Juris­ diction) Act, 1967, on—

(i)   a case stated under section eighteen of that Act;

fii)

Supreme Court {Amendment).

(ii)   an application under section twenty- No. 4i, 1972 one of that Act; or

(iii)   an appeal under section twenty-four of that A ct;

(b)	for commanding or otherwise requiring a specified tribunal to perform a pubhc 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 three of this section;
(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;

(i)   for the punishment of contempt of the Court of Appeal;

(j)	for such matters as are necessary or con­ venient for the discharge of the functions of the Court of Appeal; and
(k)	for such matters as are prescribed by the rules.

(3)

Supreme Court {Amendment).

No. 41, 1972 ( 3) Notwithstanding paragraph (d) of sub­ section two of this section, the rules may provide for the assignment to the Divisions of the Court of proceedings in the Court for commanding or other­ wise 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.

Subst. (c) by omitting section forty-nine and by inserting in lieu thereof the following section

sec. 49. ^

Assignment	49. Subject to Part VII of this Act, proceedings
to the

Divisions.

in the Court which are not assigned to the Court of

Appeal are assigned to the Divisions of the Court.

Sec. 50.

(d) by omitting section fifty;

(Business of

Divisions.)

Sec. 51.

(e) (i) by omitting from subsection one of section

and _

(Removal	fifty-one the words “but ought” and by insert­
remission.)	ing in lieu thereof the words “but are” ;

(ii)   by omitting from the same subsection the words “to have been commenced in” and by inserting in lieu thereof the words “assigned to” ;

(iii)   by omitting from paragraph (a) of the same subsection the words “ought to have been commenced in” and by inserting in lieu thereof the words “are assigned to” ;

(iv)   by omitting from subsection two of the same section the words “but ought” and by inserting in lieu thereof the words “but are” ;

(v)   by omitting from the same subsection the words “to have been commenced in” and by inserting in lieu thereof the words “assigned to” ;

(vi)

Supreme Court (Amendment).

(vi)

by omitting from paragraph (a) of the same no. 41, 1972 menced in” and by inserting in lieu thereof the words “are assigned to” ;

(vii)   by omitting from paragraph (d) of the same subsection the words “paragraph ( b ) ” and by inserting in lieu thereof the words “paragraph (b) of this subsection” ;

(viii)   by omitting subsection three of the same section;

(ix)   by omitting from subsection six of the same section the words “the determination” and by inserting in lieu thereof the words “any decision or determination”.

6.     Part IV of the Principal Act is amended by omitting Further

subsection one of section sixty-one and by inserting in lieu ofAct

thereof the following subsection :—

52,1970.

(Part IV.—

Law and

Equity.)

(1) The Court shall not restrain by injunction an y sec . 6i.

proceedings pending in the Court.	(Defence or stay instead of
injunction.)

7.	Part V of the Principal Act is amended—	Further amendment of Act No.
52, 1970.
(Part V.— Powers Generally.)

(a) by omitting subsections one, two and three of section Sec. 66. sixty-six and by inserting in lieu thereof the (injunction.) following subsections :—

(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 )

Supreme Court (Amendment).

No. 41,1972 (2) Subsection one of this section applies as

̂

well in a case where an injury is not actionable

unless it causes damage as in other cases.

(3)

apprehended waste or trespass pursuant to this

section—

The Court may restrain any threatened or

(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 bs restrained under any colour of title; and
(b)	whether the estate claimed by any party is legal or equitable.

Sec. 71. (b) by inserting next after subsection three of section

(Habeas

seventy-one the following new subsections :—

corpus.)

(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) of this section does not affect the power of the Court to punish for contempt.

Subst. (c) by omitting section seventy-two and by inserting in

sec. 72. lieu thereof the following section :—

Production	72. (1) In this section “tribunal or authority”
of person

confined.	means any court, judge, justice or other judicature,
16 & 17 Viet,	or any referee, arbitrator or umpire, or any person
c. 30, s. 9;
Act No. 29,	authorised to take the examination of any witness
1902, s. 18	or to conduct any inquiry, whether so authorised
30, 1969,
(2); Act No.	for the purpose of proceedings in the Court or for
s. 42.	any other purpose.

( 2 >

Supreme Court {Amendment).

(2) Where any prisoner or person is con- No. 41, 1972

fined in any prison or place, under any sentence or under commitment for trial or otherwise, the Court may make orders for bringing him before any tribunal or authority, for the purpose of answering any charge or otherwise taking part in any proceed­ ings or matter before the tribunal or authority, or for the purpose of being examined as a witness, and for returning him to confinement.

(d) by inserting next after section seventy-five the New sec. following new section ;—

75a. (1) Subject to subsections two and three Appeal,

of this section, this section applies to an appeal to Act No. 49, the Court and to an appeal in proceedings in the Ac*t No. 24,

Court. 1901, ss. 82, 84; Act No. 32, 1965,

(2) This section does not apply to so much s. 5.

of an appeal as relates to a claim in the appeal—

(a)	for a new trial on a cause of action for debt, damages or other money or for possession of land, or for detention of goods; or
(b)	for the setting aside of a verdict, finding, assessment or judgment on a cause of action of any of those kinds,

being an appeal arising out of—

(c) a trial with a jury in the Court; or

(d) a trial with or without a jury in a District Court.

(3) This section does not apply to

proceedings in the Court on a stated case.

(4)

Supreme Court {Amendment).

No. 41, 1972	(4) This section has effect subject to any (5) V/here the decision or other matter under appeal has been given after a hearing, the appeal shall be by way of rehearing.	Act.
(6) The Court shall have the powers and duties of the court, body or other person from whom the appeal is brought, including powers and duties concerning—

(a) amendment;

(b)	the drawing of inferences and the making of findings of fact; and
(c)	the assessment of damages and other money sums.

(7) The Court may receive further evi- (8) Notwithstanding subsection seven of this section, where the appeal is from a judgment after a trial or hearing on the merits, the Court shall not receive further evidence except on special grounds.	dence.
(9) Subsection eight of this section does not apply to evidence concerning matters occurring after the trial or hearing.

(10) The Court may make any finding or

assessment, make any direction for entry of judg­ ment, or make any order, which ought to have been made or which the nature of the case requires.

Supreme Court {Amendment).

8.	Part VI of the Principal Act is amended-	No. 41, 1972
Further amendment of Act No. 52, 1970. (Part VI.— Procedure.)

(a) (i) by omitting from section seventy-seven thesec. 77.

words “under any Act” and by inserting in lieu (Procedures

thereof the words “by or under any Act” ; “

(ii)

by omitting from the same seetion the words superseded.) lieu thereof the words “Appeal or in any Judge or in any master or in any registrar or other officer of the Court” ;

(b)	by omitting from paragraph (b) of subsection one sec. 82. of section eighty-two the words “an infant” and by (informal
inserting in lieu thereof the words “a minor” ; adm/ssions.)
(c)	by omitting section eighty-three and by inserting in Subst. lieu thereof the following section :—

83. Where a person is authorised by this Act or Examination

by the rules or by order of the Court to take the jsJq 34

examination of any person— 1900, s.’9. ’

(a) the examination shall be taken on oath; and

(b) the oath shall be administered by the person taking the examination or by a Judge.

( d ) b y omitting section eighty-four and by inserting in Subst.

lieu thereof the following section :—

84. (1) Where any person (in this subsection vexatious

called the vexatious litigant) habitually and per- ih'eaut. sistently and without any reasonable ground insti- 5̂ tutes vexatious legal proceedings, whether in the c. 49, s’. 51.

Court or in any inferior court, and whether against the same person or against different persons, the

Court

Supreme Court {Amendment).

No. 41, 1972	Court may, on application by the Attorney General, order that the vexatious litigant shall not, without leave of the Court, institute any legal proceedings in any court and that any legal proceedings insti­ tuted by the vexatious litigant in any court before the making of the order shall not be continued by him without leave of the Court.
(2) Where any person (in this subsection called the vexatious litigant) habitually and per­ sistently and without any reasonable ground insti­ tutes vexatious legal proceedings against any person (in this subsection called the person aggrieved), whether in the Court or in any inferior court, the Court may, on application by the person aggrieved, order that the vexatious litigant shall not, without leave of the Court, institute any legal proceedings against the person aggrieved in any court and that any legal proceedings instituted by the vexatious litigant against the person aggrieved in any court before the making of the order shall not be con­ tinued by him without leave of the Court.
(3) The Court may from time to time rescind or vary any order made by it under subsection one or subsection two of this section.
(4) Where the Court has made an order under subsection one or subsection two of this sec­ tion against any person, the Court shall not give him leave to institute or continue any proceedings unless the Court is satisfied that the proceedings are not an abuse of process and that there is prima facie ground for the proceedings.

Sec. 96.	fe') by omitting from subsection three of section ninety-
(Effect of

judgment or	six the words “the possession” and by inserting in
order.)	lieu thereof the word “possession” •

Supreme Court {Amendment).

(f) by omitting section ninety-eight and by inserting in No. 4i, 1972 lieu thereof the following section :—

sec. 98.

98. (1) A judgment or order of the Court

the payment of money shall not be enforceable—

(a)	by process of the Court for attachment of the person or for committal; or
(b)

of the Court to punish for contempt. by the issue of a writ of capias ad satisfacien­ (2) This section does not alfect the power

9.	Part VII of the Principal Act is amended—	Further amendment of Act No.
52, 1970.
(Part VII.— Appeal to the Court of Appeal.)

(a) by omitting section one hundred and one and by Subst. inserting in lieu thereof the following section :—

101. (1) Subject to this and any other Act and Appeal in

subject to the rules, an appeal shall lie to the Court

of Appeal from— Court.

(a)	any judgment or order of the Court in a Geo. 5%. 49,
Division; and s .2 7 ( i ) .
(b)	without limiting the generality of paragraph (a) of this subsection—

(i)   any opinion, decision, direction or determination of the Court in a Division on a stated case;

(ii)   any exercise of a power to which section twenty-four of this Act applies; and

(iii)   any determination of the Court in a Division in proceedings remitted under subsection four of section fifty-one of this Act.

(2)

Supreme Court {Amendment).

No. 41, 1972 (2) An appeal shall not lie to the Court of Appeal, except by leave of the Court of Appeal, from—

an order in proceedings in the Court directing an amendment of a judgment or order correcting a clerical mistake in the judgment or order or an error arising from an accidental slip or omission;

Act No. 19, (b) an order that proceedings be entered in the

1903, s. 5. commercial list;

15&16	(c) a judgment given or order made in proceed­
Geo. 5, c. 49,

s. 31 (1)

ings in the Court with the consent of the

( h ) .

parties or as to costs only which are in the

discretion of the Court;

(d) an order made in proceedings in the Court on an application for review of taxation of costs ;

15&16	(e) an interlocutory judgment or order in
Geo. 5, c. 49,

s. 31 (1)	proceedings in the Court;
(i).

R.S.C.	(f) a judgment or order in proceedings in the
(Rev.) 1965,

O. 58, r. 8.

Court or an interpleader issue decided in a

summary way pursuant to the rules;

Geo. 5, c. 49,

15&16 (g) an order refusing leave for the institution person who is the subject of an order for the time being in force under section eighty- four of this Act; or

s. 31 (1)	or continuance of legal proceedings by a
( 1 ) .

Act No. 27,	(h) an opinion, decision, direction or determina­ section one hundred and six or section one hundred and twelve of the Justices Act. 1902.
1902, ss.

107a (1),	tion of the Court in a Division pursuant to
116 (1) (a).

(3)

Supreme Court {Amendment).

( 3 ) Subsection two of this section does not No. 4i, 1972

apply to a judgment given or order made on an 1^21

application for a writ of habeas corpus ad sub- i899, s. ’

jiciendum or to an order for the committal or arrest - 1j & lO

of any person.	ceo. 5, c. 49,
S..31 (1) (i)

(4) Where the Court in a Division b)-

exercises any power to which section twenty-four of this Act applies and exercise of the power is expressed by any provision of an Act or Imperial Act in force immediately before the commencement of this Act to be final or without appeal, an appeal shall lie to the Court of Appeal notwithstanding that provision, but only by leave of the Court of Appeal.

(b) by omitting section one hundred and nine. Sec. 109. (Powers generally.)

10.	Part VIII of the Principal Act is amended-	Further amendment of Act No.
52, 1970.
(Part VIII.— Officers.)

(a) by omitting section one hundred and sixteen and by Subst. sec. inserting in lieu thereof the following section :—

116. The Governor may—	Assignment.
(a) assign a master or an acting master—

(i) to the Court of Appeal;

(ii)   to the Court of Appeal and any one or more Divisions; or

(iii) to any one or more Divisions; and revoke an assignment of a master or acting master to the Court of Appeal or to any Division.

(b)

(b)

Supreme Court (Amendment).

No. 41, 1972 (b) (i) by omitting from section one hundred and

Sec. 117.

seventeen the word “assigned” and by inserting

(Seniority.)

in lieu thereof the words “assigned to the Court

of Appeal or” ;

(ii)   by omitting from the same section the words “that Division” and by inserting in lieu thereof the words “the Court of Appeal or to that Division, as the case may be” ;

New (c) by inserting next after section one hundred and

sec. 117a.	seventeen the following new section :—
Powers:
master in	117a. (1) In this section “master in the Court assigned to the Court of Appeal or a master or acting master directed by the Chief Justice to act in the Court of Appeal.
the Court	of Appeal” means a master or acting master
of Appeal.
(2) A master in the Court of Appeal may exercise such powers of the Court of Appeal as are exercisable by a Judge of Appeal under section forty-six of this Act and are, by or under this or any other Act, conferred upon a master assigned to the Court of Appeal.
(3) A judgment directed to be entered or an order made by a master in the Court of Appeal may be discharged or varied by the Court of Appeal.
(4) Subject to subsection three of this section, a judgment directed to be entered or an order made or direction given by a master in the Court of Appeal shall have effect as a judgment or order or direction of the Court of Appeal, whether or not the direction or order is within the powers mentioned in this section of a master in the Court of Appeal.
(5) A master in the Court of Appeal shall constitute the Court of Appeal for the purpose of the exercise of the powers mentioned in subsection two of this section.

(d)

Supreme Court {Amendment).

(d) by omitting section one hundred and eighteen and No. 4i, 1972 by inserting in lieu thereof the following section :—

sec. 118.

118. (1) In this section, “divisional master” Powers:

means, in relation to any Division, a master or act­ ing master assigned to the Division or a master or acting master directed by the Chief Justice to act in the Division.

(2) A divisional master may exercise such powers of the Court in the Division as are, by or under this or any other Act, conferred upon a master assigned to the Division.

(3) A judgment directed to be entered or an order made by a divisional master in any Division may be set aside or varied by the Court.

(4) Subject to subsection three of this section, a judgment directed to be entered or an

order made or direction given by a divisional master	.
in any Division shall have effect as a judgment or order or direction of the Court in the Division, whether or not the direction or order is within the powers mentioned in this section of the divisional master.
(5) A divisional master in any Division shall constitute the Court in that Division for the purpose of the exercise of the powers mentioned in subsection two of this section.

(e) by omitting section one hundred and twenty-one Subst. and by inserting in lieu thereof the following section ;—

121. (1) In this section “officer” means a powers,

registrar, taxing officer, or other officer of the Court.

(2) An officer may exercise such powers of the Court as are, by or under this or any other Act, conferred upon him.

(3)

P 81871—20

Supreme Court (Amendment).

No. 41, 1972	(3) A judgment directed to be entered or an order made by an officer may be set aside or varied by the Court.
(4) Subject to subsection three of this section, a judgment directed to be entered or an order made or direction given by an officer shall have effect as a judgment or order or direction of the Court, whether or not the direction or order is within the powers mentioned in this section of the officer.
(5) An officer shall constitute the Court for the purpose of the exercise of the powers mentioned in subsection two of this section.

Further	11.	(1) Part IX of the Principal Act is amended-
amendment of Act No. 52,1970.
(Part IX.— Rules of Court.)

Sec. 123. (a) (i) by omitting paragraphs (c) and (d) of subsec­ (c) one other appointed Judge of Appeal; (d) four other appointed judges; and

(Rule Com­

tion one of section one hundred and twenty-

mittee.)

three and by inserting in lieu thereof the

following paragraphs : —

(ii)   by inserting at the end of the same section the following new subsection : —-

Tas. Act (8) Subject to this section, the Rule Committee may regulate its own procedure.

23 Geo. 5,

■

No. 58,

s. 202 (4).

Sec. 124. (b) (i) by omitting from subsection one of section one

(Rule­

hundred and twenty-four the words “Subject to

making

power.)

subsection three of this section any” and by

inserting in lieu thereof the word “Any”.

(ii)

Supreme Court {Amendment).

(ii)

by omitting from paragraph (a) of the same No. 41, 1972 lieu thereof the words “Act, or under any Imperial Act or Commonwealth Act,” ;

(iii)  by omitting from paragraph (e) of the same subsection the word “Act” and by inserting in lieu thereof the words “Act or Imperial Act” ;

(iv)   by omitting from paragraph (f) of the same subsection the words “any Act” and by insert­ ing in lieu thereof the words “any Act or Imperial Act” ;

(v)   by omitting paragraph (g) of the same sub­ section and by inserting in Ueu thereof the following paragraph ;—

(g) for 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;

(vi)   by omitting from paragraph (h) of the same subsection the words “, functions and jurisdiction” ;

(vii)   by omitting paragraph (i) of the same subsection;

(viii)   by inserting next after paragraph (m) of the same subsection the following new para­ graph

(ma) for prescribing matters relating to expert evidence, including the dis­

closure, by the furnishing of copies of

reports or otherwise, of the nature of	.
expert evidence to be given, and including the exclusion of expert evi­ dence in case of non-compliance with

the

Supreme Court {Amendment).

No. 41, 1972 the rules relating to expert evidence or with any order for disclosure of the nature of expert evidence;

(ix)   by omitting paragraph (p) of the same subsection;

(x)   by omitting paragraph (q) of the same subsection;

(xi)   by omitting from paragraph (r) of the same subsection the word “e f f ec t s and by inserting in lieu thereof the words “effects; and” ;

(xii)   by omitting paragraph (s) of the same sub­ section and by inserting in lieu thereof the following paragraph :—

(s) for prescribing and regulating the duties of the masters, acting masters, registrars and other officers of the Court in relation to or for the purpose of any proceedings;

(xiii)   by omitting paragraph (t) of the same subsection ;

'xiv) by omitting subsection two of the same section;

(xv)   by omitting subsection three of the same section;

(xvi)   by omitting from subsection seven of the same section the words “any Act” and by inserting in lieu thereof the words “any Act or Imperial Act” ;

(xvii)   by omitting from subsection eight of the same section the words “other Act” and by inserting in lieu thereof the words “other Act or under any Imperial Act” ;

( x v i i i )

Supreme Court (Amendment).

(xviii)   by inserting at the end of the same section the No. 4i, 1972 following new subsection :—

(9) This section does not give power to

make rules with respect to any matter with respect to which rules may be made under section six or section 12a of the Legal Practi­ tioners Act, 1898.

(c) by omitting section one hundred and twenty-six;	Sec. 126. (Rules to prevail over
Acts.)

(d)	by inserting next after section one hundred and New secs,
twenty-six the following new sections :— 127 and 12/).

127. Judicial notice shall be taken— Judicial notice.

(a)

of a rule made or purporting to have been Act No. 4, Gazette; and

(b) of the date of its publication.

128.         It shall be presumed, in the absence of Conditions

evidence to the contrary, that all conditions and ĝj*̂ *̂ *”*̂ steps precedent to the making of a rule under this i897,s. 42 Act have been complied with and performed.

(2) The amendment made by subparagraph (i) of paragraph (a) of subsection one of this section takes effect on the day appointed under subsection one of section two of the Principal Act.

12. next after Part IX the following new P a r t;— The Principal Act is further amended by inserting Further

ofActNa^

52, 1970.

PART X. N®'''

Su p p l e m e n t a l .

129.         Notwithstanding anything contained in the Printing.

Amendments Incorporation Act, 1906, it shall not be necessary, in any print or reprint of this Act issued by

the

Supreme Court {Amendment).

No. 41, 1972 the Government Printer after the expiry of six months after the commencement of this Act, to print the First Schedule or the Second Schedule to this Act.

Fees and 130. The Governor may make regulations fixing or

percentages.

otherwise relating to fees and percentages to be taken in

respect of the business of the Court.

Further 13. The First Schedule to the Principal Act is amended

^ActNa*

in the manner set forth in the First Schedule to this Act.

52. 1970. '

(First

Schedule.)

Further 14. The Second Schedule to the Principal Act is amended ofActNo” ̂ in the manner set forth in the Second and Third Schedules

52. 1970. ■	to this Act.
(Second

&hedule.) ________________________________

SCHEDULES.

Sec. 13. FIRST SCHEDULE.

The First Schedule to the Supreme Court Act, 1970, is amended—-

(a) by omitting from the column headed “Subject.” the matter relating to Act No. 49, 1930, and by inserting in lieu thereof the following matter;—

Landlord and Tenant Amendment (Distress Abolition).

(b)	by omitting from the same column the matter relating to Act No. 49, 1932, and by inserting in lieu thereof the
following m atter:—

Wills Probate and Administration (Amendment).

(c) by inserting next after the matter relating to Act No. 5, 1969, the following new m atter:—

No. 30, 1969 . .1 Imperial Acts Application ..] Section 42.

SECOND

Supreme Court (Amendment).

No. 41, 1972

SECOND SCHEDULE. Sec. 14.

The Second Schedule to the Supreme Court Act, 1970, is

amended—

(a) by inserting next before the matter relating to the Act passed in the fifty-fifth year of the reign of Queen Victoria, number twelve, the following new m atter:—

45 Vic. No. 12 Trade Union..	Section 9	Omit “of law or equity”
wherever occurring.
Omit “summons” ; “summons or other origin­ insert
ating process” .
Section 12	Omit “and in such action the said Trustees shall be en­ titled to recover their full costs of suit to be taxed as
between attorney and
client”.

(i)   by omitting from the matter relating to subsection (II) of section twenty-three of the Act passed in the fifty- fifth year of the reign of Queen Victoria, number twelve in the sub-column headed “Amendment.” of the Second Column the words “or a Judge thereof” and by inserting in lieu thereof the words “or a Judge thereof,” ;

(ii)   by omitting from the same sub-column of the Second Column the matter relating to section forty of the same Act and by inserting in lieu thereof the following matter:—

Omit “as” where secondly occurring; insert “has”.

(c) (i) by omitting from the matter relating to section three of Act No. 13, 1898, in the sub-column headed “Amendment.” of the Second Column the following matter:—

; insert “ “Judge” means Judge of the Court” ;

SECOND

Supreme Court {Amendment).

No. 41, 1972 SECOND SCHEDULE— coMfinwed.

(ii)   by omitting from the matter relating to the same section in the same sub-column of the Second Column the following matter:—

In definition of “Probate Judge” omit “for the time being authorised to administer this Act, or any Judge acting as such”; insert “appointed to such office by the Governor.”

and by inserting in lieu thereof the following m atter:— Omit “ ‘Probate Judge’ means the Judge for the time being authorised to administer this Act, or any Judge acting as such.” ;

(iii)   by omitting from the matter relating to section thirty- one of the same Act in the same sub-column of the Second Column the following m atter:—

Omit “rules of Court”; insert “rules”.

and by inserting in lieu thereof the following m atter:— Omit “by the rules of Court.” ;

(iv)   by omitting from the same sub-column of the Second Column the matter relating to subsection two of section thirty-two of the same Act and by inserting in lieu thereof the following m a tte r—

Omit “Rules of court” ; insert “Regulations made under the Supreme Court Act, 1970”;

(v)   by inserting in the Second Column next after the matter relating to subsection one of section 40a of the same Act the following new m atter:—^

Subsection (2) of section I Omit “court” ; insert “Court”,

40a. I

SECOND

Supreme Court {Amendment).

SECOND SCHEDULE— c o n tin u e d . No. 41, 1972

(vi)   by inserting in the Second Column next after the matter relating to section sixty-two of the same Act the following new matter:—

Section 63	Omit “when duly cited, appears and prays for administration” ; insert “upon being required in accordance with the rules, or as the Court may direct, to pray for administration, complies with the requirement or direction”.
Subsection (1) of	Omit “of Court”.

section 64.

(vii)   by inserting in the Second Column next after the matter relating to section sixty-eight of the same Act the following new m atter:—

Paragraph (c) of Omit the paragraph; insert the following

section 69. paragraph:—

(c) an executor named in a will is required in accordance with the rules, or as directed by the Court, to take probate and fails to comply with the requirement or direction,

(viii)   by inserting in the Second Column next after the matter relating to paragraph (a) of subsection one of section ninety-seven of the same Act the following new matter;—

Subsection (2) of Omit “address within the city of Sydney” ;

section 97.

insert “address, as prescribed by the

rules, within New South Wales”.

(ix)   by omitting from the sub-column beaded “Amend­ ment.” of the Second Column the matter relating to subsection three of section one hundred and two of the same Act and by inserting in lieu thereof the following matter:—

Omit “fixed by the rules of Court”.

SECOND

Supreme Court {Amendment).

No. 41, 1972 SECOND SCHEDULE—conrinwed.

(d) by inserting next after the matter relating to Act No. 13, 1898, the following new m atter;—

No. 17, 1898	Conveyancing	Section 8	Omit “suit or action” ; insert
and Law of	“proceedings”.
Property.
Subsection (1)	Omit “appear before” ; insert
of section 21.	“attend”.

Section 22	..	Omit the section; insert the
following section:—

Offences. 22. Part III of the Royal Commissions Act, 1923, has effect as if the Com­ missioners were a commis­ sion within the meaning of that Act.

Subsection (8)	Omit “in its equitable juris­
of section 37.	diction”.
Subsection (2)	Omit “a decree” ; insert “an
of section 48.	order” .
Section 54	Omit “by petition in a sum­
mary way”.
Subsection (2)	Omit the subsection; insert
of section 58.	the following subsection:— (2) The Court may
determine who are the per­ sons having right to assent or dissent, or submit as herein provided, and the determination of the Court shall be conclusive for the purposes of such applica­ tion, and any other person having any interest, who does not make claim to the Court before the order on such application has been made, shall be deemed to have submitted his rights and interests to be dealt with by the Court.
Section 60	Omit “petition” ; insert
“application”.
Section 62	Omit “by motion”.
Section 63	Omit "'ex parte the applicant in the matter of this part of this Act” ; insert “as pre­ scribed by rules of the Court” .
Section 65	Omit “petition” ; insert
“application” .
Section 67	Omit “petition” ; insert
“application” .

SECOND

Supreme Court {Amendment).

SECOND SCHEDULE— c o n tin u e d . No. 41, 1972

No. 17, 1898 Conveyancing Section 81 .. Omit the section; insert the

—cont. and Law of following section;—

Property — 81. (1) Rules of Court Rules of

cont.

may be made under the Court.

Supreme Court Act, 1970,

for carrying into effect the

purposes of this part of

this Act and for regulating

the fees and allowances to

all solicitors of the Court

in respect to such matters.

(2) Subsection one

of this section does not limit the rule-making powers conferred by the Supreme Court Act, 1970.

Subsection (1)	Omit “in its equitable juris­
of section 86.	diction may, by an order to be made upon the petition” ; insert “may, by an order to be made upon the applica­ tion”.
Subsection (3)	Omit the subsection.
of section 86.
Section 106 ..	Omit the section
Section 107 ..	Omit the section

(e) (i) by inserting in the Second Column next before the matter relating to section three of Act No. 22, 1898, the following new matter relating to that Act: —

Subsection (1) off Omit “13” ; insert “ 12a” .

section 1. | Omit “81” ; insert “81a” .

(ii)   by inserting in the Second Column next after the matter relating to section four of the same Act the following

new m atter:—

Subsection (1) of Omit the subsection; insert the following

section 6. subsection:—

(1) Subject to this Part, the Board

may make rules—

(a)	with respect to the qualifications for admission as student-at-law and the admission of persons as students-at-law;
(b)	with respect to the qualifications for admission as barrister;
(c)	without limiting the generality of paragraphs (a) and (b) o ̂this sub­ section, with respect to tne exam­ ination in such branches of know­ ledge as the Board thinks fit of candidates for admission as student-at-law or barrister; and

SECOND

Supreme Court {Amendment).

SECOND SCHEDULE— c o n tin u e d .

No. 41, 1972

Subsection (1) of section 6 — (d) with respect to the establishment and conduct of boards or other

cont. bodies with functions concerning the examination of candidates for admission as barrister.

Section 6

Insert next after subsection (1) the follow­

ing new subsections:—

(la) In the exercise of its powers under paragraph (d) of subsection one of this section the Board may act jointly with the Judges acting under section 12a of this Act in matters concerning the estab­ lishment and conduct of boards or other bodies having amongst their functions the examination of candidates for admis­ sion as barrister.

(lb) Rules made under this section

shall not limit the powers of the Court

to admit any person as barrister.

Insert next after subsection (2) the follow­

ing new subsections:—

Act No. 4,	(3) Judicial notice shall be taken—
1897, S.34	(a) of a rule made or purporting to have been made under this section and published in the Gazette; and
(II).
(b) of the date of its publication.

Act No. 4,

(4) It shall be presumed, in the absence of evidence to the contrary, that all conditions and steps precedent to the

1897, s. 42

(I).

making of a rule under this section have

been complied with and performed.

Part III	Insert next before section 13 the following
new section:—

Rules about 12a. (1) Subject to this Part, the

admission	Judges, or any three of them, may make [(a) with respect to the qualifications for entry into articles of clerkship and the entry into articles of clerk­ ship, including the circumstances in which a solicitor may take a clerk under articles of clerkship;
and so on.	rules—

(b)	with respect to the qualifications for admission as solicitor;
(c)	without limiting the generality of paragraphs (a) and (b) of this sub­ section, with respect to the exam­ ination in such branches of know­ ledge as the Judges think fit of candidates for entry into articles of clerkship or for admission as solicitor;
(d)	with respect to the establishment and conduct of boards or other bodies with functions concerning the examination of candidates for entry into articles of clerkship or

SECOND

Supreme Court (Amendment).

SECOND S C H E D V L E — co n tin u e d . No. 41, 1972

Part III—cont. for admission as solicitor or con­ cerning the approval of properly qualified persons to be admitted as solicitors.

(2) In the exercise of their powers under paragraph (d) of subsection one of this section the Judges may act jointly with the Barristers Admission Board acting under section six of this Act in matters concerning the establishment and conduct of boards or other bodies having amongst their functions the examination of candidates for admission as solicitor.

(3) Rules made under this sec­ tion shall not limit the powers of the Court to admit a person as solicitor.

(4) A rule made under this section

shall—

(a) be published in the Gazette;

(b)	take effect on and from the date of publication or a later date to be specified in the rule;
(c)	be laid before each House of Parliament within fourteen sitting days of that House after the date of publication.

(5) If either House of Parliament passes a resolution of which notice has been given at any time within fifteen sit­ ting days of that House after a rule referred to in subsection one of this sec­ tion has been laid before it, disallowing the rule or any part thereof, the rule or part thereupon ceases to have any effect.

(6) For the purposes of sub­ sections four and five of this section, sit­ ting days shall be counted, whether or not they occur during the same session.

(7) Judicial notice shall be taken— of a rule made or purporting to have been made under this section and published in the Gazette; and

(a)

(b) of the date of its publication. ,

(8) It shall be presumed, in the

absence of evidence to the contrary, that

all conditions and steps precedent to the Hi-

making of a rule under this section have

been complied with and performed.

21

Subsection (2) of Omit “under the rules of Court” ; insert

section 14.

“by the rules of Court or by regulations

made under this Act” .

(iii)   by inserting in the Second Column next after the matter relating to paragraph (b) of subsection two of section fifty-six of the same Act the following new matter:—

Paragraph (c) ofi Omit “or a judge thereof”,

subsection (2a)

of section 56. I

SECOND

Supreme Court {Amendment).

No. 41, 1972 SECOND SCHEDULE—

(iv)   by omitting from the Second Column the matter relat­ ing to subsection three of the same section and by inserting in lieu thereof the following matter:—

Paragraph (b) of subsection (3) Omit “or a judge thereof”.

Omit “or judge”.

of section 56.

(v)   by omitting from the sub-column headed “Amendment.” of the Second Column the matter relating to section seventy-two of the same Act and by inserting in lieu thereof the following m atter:—

Omit “or to a judge in chambers, who” ; insert “and

the Court”.

Omit “or judge”.

Omit “or a judge thereof”.

(vi)   by omitting from the same sub-column of the Second Column the matter relating to section eighty-one of the same Act and by inserting in lieu thereof the following matter:—

Omit the section; insert the following section:—

Rules of	81. (1) Rules of Court may be made under the Supreme Court Act, 1970, for regulating the taxation of costs awarded by the Statutory Committee and the recovery of the same by execution or otherwise.
Court.

(2) Subsection one of this section does

not limit the rule-making powers conferred by

the Supreme Court Act, 1970.

(vii)   by inserting in the Second Column next after the matter relating to section eighty-one of the same Act the following new matter:—

Part X .. .. ’ By inserting next after section 81 the

following new section:—

Statutory	81 A. (1) Subject to section eighty-one, three of them, may from time to time on the recommendation of the council make rules—
Committee	the Judges of the Supreme Court, or any
rules.

(a)	for regulating the practice and proceedings of the Statutory Com­ mittee, including the awarding of costs by such Committee:
(b)	for conferring upon the Statutory Committee any further powers necessary or convenient for the due fulfilment of its functions;

SECOND

Supreme Court (Amendment).

SECOND SCHEDULE— co n tin u e d . No. 41, 1972

Part X—cont. (c) for carrying into effect the provi­ sions of this Act relating to the Statutory Committee and its func­ tions, except the provisions of section seventy-eight of the Act;

and may in like manner amend or rescind

such rules.

(2) A rule made under this section

shall—

(a) be published in the Gazette;

(b)	take effect on and from the date of publication or a later date to be specified in the rule; and
(c)	be laid before each House of Parliament within fourteen sitting days of that House after the date of publication.

(3) If either House of Parliament passes a resolution, of which notice has been given at any time within fifteen sit­ ting days of that House after a rule referred to in subsection one of this section has been laid before it, disallow­ ing the rule or any part thereof, the rule or part thereupon ceases to have effect.

(4) For the purposes of subsec­ tions two and three of this section, sitting days shall be counted, whether or not they occur during the same session.

(5) Judicialnoticeshall be taken—

(a)	of a rule made or purporting to have been made under this section and published in the Gazette; and
(b)	of the date of its publication. (6) It shall be presumed, in the

absence of evidence to the contrary, that all conditions and steps precedent to the making of a rule under this section have been complied with and performed.

Subsection (1) of Omit “make regulations” ; insert “make

section 86.

regulations (other than as to practice or

procedure in the Court)” ;

(f) by inserting next after the matter relating to Act No. 22, 1898, the following new m atter:—

No. 14, 1899	Matrimonial	Section 90	Insert next after subsection
Causes.	(2) the following new sub­ section:—
(3) notwithstanding This section has effect

section

ninety-eight of the Supreme

Court Act, 1970.

No. 17, 1899	Registration of	Paragraph (c)	Omit “a judge of”.
Births,	of section 12.
Deaths, and Marriages.
Subsection (1)	Omit “an order by a judge of
of section 22.	the Supreme Court or of a district court” ; insert “a copy certified by a registrar

SECOND

Supreme Court {Amendment).

No. 41, 1972 SECOND S C H E D U L E — c o n tin u e d .

No. 17, 1899 Registration of Subsection (1) of the Supreme Court of a

—cont.	Births,	of section 22	minute of an order made by
Deaths, and	—cont.	that Court or an order of a
Marriages—	judge of a district court” .
cont.	Omit “Registrar-General or judge” ; insert “Registrar- General, Court or judge” .
Omit “application for” ;
insert “application to a judge of a district court for”.

Section 22	..	Insert next after subsection one the following new sub­ sections :—
(la) Rules of Court may be made under the Supreme Court Act, 1970, for prescribing the form of application to the Supreme Court for an order under subsection one of this section and the procedure thereon.

(lb) Subsection (1a) of

this section does not limit the rule-making powers conferred by the Supreme Court Act, 1970.

Subsection (2)

Omit “a judge of”.

of section 22.

Omit “or of” ; insert “or a

judge of”.

(g)	(i) by omitting from the matter relating to subsection three of section twenty-seven of Act No. 18, 1899, the words “proceedings or” where firstly occurring and by insert­ ing in lieu thereof the words “proceedings are or” ;
(ii) by omitting from the same matter the words “proceedings or” where secondly occurring and by inserting in lieu thereof the words “proceedings have or”;
(h)	by inserting next after the matter relating to the same Act the following new m atter:—

No. 20, 1899 I Police [ Subsection (1)] Omit “may plead” ; may Supreme Court, plead”. insert

Regulation. ! of section 26.1 "may, except in the

Omit “and give” ;	insert
“and may give”.

Subsection (2)	Omit “the jury who try the
of section 26.	said issue shall find a verdict for such member of the police force, and he shall recover his costs of suit” ; insert “a verdict shall be found for such member of the police force”.

SECOND

Supreme Court {Amendment).

SECOND S C H E U C C E — c o n tin u e d . No. 41, 1972

(i) No. 39, 1899 Infants’ by inserting next after the matter relating to Act No. 24, 1899, the following new matter:—

Section 3 In the definition of the

Custody and

“Court” omit “, and

Settlements.

includes any Judge thereof

sitting in chambers” .

Subsection (1)

Omit “The Judges of the

of section 4.

Supreme Court, or any three of them, may make such general rules and orders” ; insert “Such rules may be made under the Supreme Court Act, 1970,” .

Section 4

Insert next after subsection one the following new sub­ section:—•

(1a) Subsection one of this section does not limit the rule-making powers conferred by the Supreme Court Act, 1970.

Subsection (4)

Omit the subsection; insert

of section 4.

the following subsections:—̂

(4) A rule made under

subsection two or subsection

three of this section shall—

(a)

be published in the

Gazette;

(b)

take effect on and from the date of publication or a later date specified in the rule; and

(c)

be laid before each House of Parliament

within fourteen

sitting days of that House after the date of publication.

(5) If either House of Parliament passes a

resolution, of which notice has been given within fifteen sitting days of that House after a rule referred to in subsection four of this section has been laid before it, disallowing the rule or any part thereof, the rule or part thereupon ceases to have effect.

(6) For the purposes of subsections four and five of this section, sitting days shall be counted, whether or not they occur during the same session.

Subsection (1)	Omit “in its equitable juris­
of section 5.	diction,”.

SECOND

Supreme Court {Amendment).

No. 41, 1972 SECOND SCHEDULE—

No. 39, 1899 Infants’ Subsection (5) Omit the subsection.

—cont.	Custody and	of section 5.
Settlements—	Subsection (9) Omit “in its matrimonial
cont.	of section 5. causes jurisdiction” where firstly occurring; insert “in

proceedings instituted

under the Matrimonial

Causes Act, 1899,” .

Omit “an application has already been filed in that Court and is then pending in respect of such matter:” ; insert “proceedings have

already been instituted

under the Matrimonial

Causes Act, 1899, and are then pending in the Court in respect of such matter.” .

Omit “Provided also that orders made under this Act may be subsequently varied by the Supreme Court in its matrimonial causes jurisdiction where the same subject matter arises in any proceedings

within its jurisdiction

instituted in that Court.” .

Subsection (1) Omit “in its equitable juris­

of	section	diction” .
10a .	Omit “or police”:

Subsection (2) Omit “in its equitable juris­

of section diction in the manner

10 a	.	prescribed by the rules of that court”.
Omit “in its equitable juris­ diction” where secondly and thirdly occurring.

Section 10b ..

Omit “in its equitable juris­ diction” wherever occur­ ring.

Subsection (1)

Omit “action of” ; insert

of section 16.

“action or other pro­

ceedings for”.

(i) (i) by omitting from the Second Column the matter relat­

ing to section twenty-eight of Act No. 25, 1900;

(ii)   by omitting from the Second Column the matter relating to subsection one of seetion forty of the same Act;

(iii)   by omitting from the Seeond Column the matter relat­ ing to subsection four of section sixty-nine of the same

Act;

SECOND

Supreme Court {Amendment).

SECOND S C R C D \3 1 JE — co n tin u e d . No. 41, 1972

(iv)   by omitting from the sub-column headed “Amendment.” of the Second Column the matter relating to section eighty-four of the same Act and by inserting in lieu thereof the following matter;—

Omit “or a Judge thereof”.

(v)   by omitting from the same sub-column of the Second Column the matter relating to subseetion one of section eighty-five of the same Act and by inserting in lieu thereof the following m a tte r :^

Omit “or Judge” wherever occurring.

(vi)   by omitting from the Second Column the matter relat­ ing to subsection one of section eighty-six of the same Act;

(vii)   by omitting from the sub-column headed “Amendment.” of the Second Column the matter relating to section one hundred and twenty-one of the same Act and by inserting in lieu thereof the following matter:—

Omit the section; insert the following section:—

121. (1) If upon the application of any Registrar-

proprietor to have land brought under the General provisions of this Act, or to have any dealing may be registered or recorded, or to have any certificate

of title, order for foreclosure or other instrument egrtam issued, or to have any act or duty done or actions, performed which, by this Act, is prescribed to

be done or performed by the Registrar-General, the Registrar-General refuses so to do, or if such proprietor is dissatisfied with the direction upon his application given by the Registrar- General as hereinbefore provided, such proprie­ tor may require the Registrar-General to set forth in writing under his hand the grounds of his refusal or the grounds upon which such direction was given, and such proprietor may, if he thinks fit, commence proceedings in the Supreme Court for relief under this section.

(2) The Court may—

(a) order that public notice, by advertise­ ment or otherwise, be given of the proceedings;

SECOND

Supreme Court {Amendment).

No. 41, 1972 SECOND SCHEDULE— conrinwerf.

(b)	order, of its own motion or on the application of any person, that a person be added as a party to the proceedings and make orders ancillary thereto as to service or otherwise;
(c)	order, in respect of any defendant, that service upon him of the originating process and of all other documents in the proceedings be dispensed with.

(3) Subject to the Supreme Court Act, 1970, the Court shall not, in respect of any defendant, order that service upon him be dispensed with unless the Court is satisfied that—

(a)	the defendant cannot be found in New South Wales;
(b)	it is uncertain whether the defendant is living; or
(c)	service cannot be effected upon the defendant without expense dispropor­ tionate to the value of his interest.

(4) Where service upon a defendant is dispensed with under this section, the defendant shall be taken to have submitted to all orders made by the Court in the proceedings.

(5) The Court shall, if any question of fact is involved, decide that question.

(6) The Registrar-General may, with the leave of the Court, rely upon grounds other than those set forth by him under subsection one of this section.

(7) The Court—

(a) shall either—

(i)   uphold the refusal or direction of the Registrar-General; or

(ii)   order the Registrar-General to take action to give effect wholly or partly to the application of the proprietor or order that such

SECOND

Supreme Court {Amendment).

SECOND SCHEDULE—coniinwed. No. 41, 1972

direction as the Court thinks fit be substituted for the direction of the Registrar-General; and

(b) shall make such further or other order as the Court thinks fit.

(viii)   by omitting from the same sub-column of the Second Column the matter relating to section one hundred and twenty-four of the same Act and by inserting in lieu thereof the following matter:—

Omit “action of ejectment or other action” ; insert “proceedings in the Supreme Court for posses­ sion, or action of ejectment in a District Court, or other proceedings or action”.

Omit “of law or equity” where firstly occurring.

Omit “such action” ; insert “such proceedings or

action”.

(ix)   by omitting from the same sub-column of the Second Column the matter relating to section one hundred and thirty-six of the same Act and by inserting in lieu thereof the following m atter:—

Omit the section; insert the following section:—

136. (1) Where the Registrar-General is Wrongful

satisfied that- retention

(a)	a certificate of title or grant has been °4truments.
issued in error or contains any misdes- ’

cription of land or of boundaries;

(b)	a recording has been made in error in the Register;
(c)	a grant, certificate of title or recording in the Register has been fraudulently or wrongfully obtained; or
(d)	a grant, certificate of title or duplicate registered dealing is fraudulently or wrongfully retained—

he may by notice in writing to the person to whom the grant, certificate of title or duplicate registered dealing, as the case may be, has been issued, or by whom it has been so obtained or is retained, require such person to deliver up the

SECOND

Supreme Court {Amendment).

No. 41, 1972 SECOND S C n C D C C E — c o n tin u e d .

grant, certificate of title or duplicate registered dealing, as the case may be, for the purpose of it being cancelled or corrected, as the case may require.

(2) If such person—

(a)	cannot be found for the giving to him of such notice of requirement; or
(b)	having been given such notice does not comply with the requirement—^

the Registrar-General may, if he thinks fit, com­ mence proceedings against such person in the Supreme Court for an order that such person deliver up the grant, certificate of title or dupli­ cate registered dealing, as the case may be, for the purpose of it being cancelled or corrected, as the case may require.

(3) The Court may order that service upon the defendant of the originating process and of all other documents in the proceedings be dispensed with.

(4) Subject to the Supreme Court Act,

1970, the Court shall not order that service

■

upon the defendant be dispensed with unless the

Court is satisfied that—

(a)	the defendant cannot be found in New South Wales; or
(b)	it is uncertain whether the defendant is living.

(5) The Court may order the personal attendance before it of the defendant.

(6) Upon the personal appearance before the Court of the defendant the Court may examine him upon oath.

(7) The Court may order the defendant to deliver up to the Registrar-General, within such time as the Court may fix, the grant, certi­ ficate of title or duplicate registered dealing, as the case may be.

SECOND

Supreme Court {Amendment).

SECOND SCHEDULE— c o n tin u e d . No. 41, 1972

(x)   by omitting from the same sub-column of the Second Column the matter relating to section one hundred and thirty-seven of the same Act and by inserting in lieu thereof the following m atter:—

Omit the section; insert the following new section:—

137. Where the Supreme Court has ordered, Failure to

Act, a person to deliver up to the Registrar-

General a grant, certificate of title or duplicate certain ^

registered dealing and the grant, certificate of instruments,

title or duplicate registered dealing, as the case

may be, is not delivered up to the Registrar-

under section one hundred and thirty-six of this comply with Registrar-General shall, if the circumstances of the case require it, take action under the authority conferred upon him by subsection three of section thirty-eight, or by section one hundred and eleven, of this Act.

(k) (i) by omitting from the matter relating to section one hundred and seventy-two of Act No. 40, 1900, in the sub-column headed “Amendment.” of the Second Column the words “or a Judge thereof,” and by inserting in lieu thereof the words “, or a Judge thereof,” ;

(ii)   by omitting from the matter relating to subsection one of section four hundred and fifty-seven of the same Act in the same sub-column of the Second Column the words “at his”; and by inserting in lieu thereof the words “in his” ;

(iii)   by omitting from the matter relating to subsection one of section four hundred and seventy-five of the same Act in the same sub-column of the Second Column the word “judge” and by inserting in lieu thereof the word “Judge”;

(iv)   by omitting from the same sub-column of the Second Column the matter relating to subsection one of section five hundred and sixty-three of the same Act and by inserting in lieu thereof the following matter:^—

After “in any such action” insert “other than an

action in the Supreme Court”.

SECOND

Supreme Court {Amendment).

No. 41, 1972 SECOND S C H E m J C E — c o n tin u e d .

(v)   by omitting from the same sub-column of the Second Column the matter relating to section five hundred and sixty-seven of the same Act and hy inserting in lieu thereof the following m atter:—

Omit “The Judges of the Supreme Court, or any two of them, may, from time to time, frame and prescribe” ; insert “Without limiting the rule­ making powers conferred by the Supreme Court Act, 1970, rules may from time to time be made under that Act framing and prescribing”.

(1) by inserting next after the matter relating to Act No. 33, 1901, the following new m atter:—

No. 45, 1901 Married Subsection (1) Omit by summons or

Women’s	of section 22.	otherwise in a summary
Property.	way,
Omit “any Judge of”
wherever occurring.
Omit “Judge may” ; insert
“court may”.
Omit “he thinks” wherever occurring; insert “the court thinks”.
Subsection (2)	Omit the subsection.
of section 22.
Subsection (3)	Omit the subsection; insert
of section 22.	the following subsection:— (3) Any such application to a District Court shall be an action in a District Court within the meaning of section one hundred and forty-two of the District
Courts Act, 1912.
Subsection (4)	Omit “Judge of the”.
of section 22.	Omit “his private room” ; in­ sert “the absence of the public”.

No. 60, 1901 Navigation .. Section 23 .. Omit “Inquiry” ; insert “In­ quiry; and no appeal shall lie from a District Court exercising such jurisdic­ tion” .

Subsection (1)

Omit “an action” ; insert

of section 101.

“proceedings in the Su­

preme Court” .

Subsection (2)

Omit the subsection.

of section 101.

Subsection (3)

Omit the subsection.

of section 101.

No. 17, 1902 Building and Subsection (1) Omit “of law or equity"

Co-operative	of section 25.	wherever occurring.
Societies.

SECOND

Supreme Court {Amendment).

SECOND SCHEDULE— con?mMed. No. 41, 1972

No. 17, 1902 —cont. Building and Subsection (3) Omit “summons” ; insert

Co-operative	of section 27.	“summons or other origin­
Societies—	ating process”.
cont.	Subsection (4)	Omit “, and in such action
of section 29.	the said trustees shall be entitled to recover their full costs of suit to be taxed as
between solicitor and
client”.
Subsection (1)	Omit “by certiorari or other
of section 60.	writ or process before” ; in­
sert “into” .
Subsection (2)	Omit the subsection; insert (2) A majority of the Rules.
of section 60.	the following subsections:—
Judges of District Courts may make rules for regulating the practice and procedure in proceedings under this Act before the Judges of District Courts.

(3) A rule so made shall—■

(a)

be published in the

Gazette;

(b)

take effect on and from the date of publication or a later date specified in the rule;

(c)

be laid before each House of Parliament within fourteen sit­ ting days of that House after the pub­ lication.

(4) If either House of Parliament passes a resolu­ tion, of which notice has been given within fifteen sitting days of that House after a rule referred to in subsection one of this sec­ tion has been laid before it, disallowing the rule or any part thereof, the rule or part thereupon ceases to have effect.

(5) For the purposes of subsections three and four of this section, sitting days shall be counted, whether or not they occur during the same session.

SECOND

Supreme Court {Amendment).

No. 41, 1972 SECOND SCHEDULE— c o n tin u e d .

No. 17, 1902 Building and Subsection (2) (6) Subject to the rules,

—cont.	Co-operative	of section 60	the Judges of the District
Societies—	—cont.	Courts may regulate the
cont.	proceedings before them respectively so as to render them as inexpensive and summary as conveniently may be.

(m) by omitting from the sub-column headed “Amendment.” of the Second Column the matter relating to section one hundred and seven of Act No. 27, 1902, and by inserting in lieu thereof the following matter;-—

Omit the section; insert the following section;—

Stating	107. Subject to this Act, the practice and proceed­
of cases—

practice ings in reference to the stating of cases as herein

- provided shall be as provided by rules of the

and

procedure.

Supreme Court made under the Supreme Court Act,

1970.

(n) by omitting the matter relating to Act No. 74, 1902;

(o) by omitting from the sub-column headed “Amendment.” of the Second Column the matter relating to subsection two of section one hundred and seventy-six of Act No. 49, 1906, and by inserting in lieu thereof the following matter;—

Omit “a writ” ; insert “an order”.

(p) by inserting next after the matter relating to Act No. 49, 1906, the following new m atter;—

No. 14, 1908	Private	Section 16c ..	Next after subsection (3)
Hospitals.	insert the following new subsection;—
(4) The decision of the district court on any such appeal shall be final and without appeal.

(q)	by omitting from the Second Column the matter relating to section forty-seven of Act No. 9, 1909, and by inserting in lieu thereof the following m atter;—
Subsection (1) ofi Omit “plea” ; insert “defence to the action”, section 47. Omit “amends, and may give this Act and the special matter in evidence” ; insert “amends”. Subsection t2) of I Omit “a judge of”.

section 47. I Omit “in accordance with rules of court”. 1 Omit “judge, if he” ; insert “Court, if it” .

SECOND

Supreme Court {Amendment).

SECOND SCHEDULE—conrinwed. No. 41, 1972

No. 45, 1958 I Mental Health Section 51 — Chief Clerk, shall be an

.—cont.	—cont.	cont.	officer of the Court.
(8) In any Act, rule of court or regulation in force immediately before the commencement of the Supreme Court Act, 1970,—

(a)	a reference to the Deputy Master in the Protective Juris­ diction of the Court shall be construed as a reference to the Protective Commis­ sioner; and
(b)	a reference to the Chief Clerk in the Protective Jurisdic­ tion of the Court shall be construed as a reference to the
Protective Chief

Clerk.

Subsection (1)	Omit “(general or particu­
of section 55.	lar)”.
Omit “before him in his equity jurisdiction” ; in­ sert “before the Court” .
Section 56	Omit “writ of subpoena ad testificandum” ; insert “sub­ poena to give evidence”.
Section 58	Omit “to a judge” ; insert “as prescribed by rules of Court”.
Omit “such judge” ; insert
“the Court” .
Section 64	Omit the section.
Section 92	Omit “Supreme”.
Section 102	Omit “general rule or special”.
Subsection (4)	Omit “Full Court of the

of section 108.

Supreme Court” ; insert

“Court of Appeal” .

Section 113

Omit the section; insert the

following section;—

113. (1) Rules of Court Rules of

may be made under the Court.

Supreme Court Act, 1970,—

(a)	for regulating the form and mode of
proceeding before

and by the Master;

(b) for carrying into effect the objects of Parts X, XI and XIII of this Act (section fifty-four ex­ cepted) so far as the same relate to the powers or duties of the Master; and

SECOND

Supreme Court {Amendment).

No. 41, 1972 SECOND SCHEDULE—conf/n«erf.

No. 45, 1958 Mental Health | Section 113- (c) for giving general directions and orders with respect to the matters mentioned in section one hundred and two of this Act.

—cont. —cont. cont.

(2) Subsection one

of this section does not limit the rule - making powers conferred by the Supreme Court Act, 1970.

(ao) by inserting next after the matter relating to Act No. 36, 1954, the following new matter:—

No. 71, 1961 Companies	Subsection (1)	In the definition of “Court”
of section 5.	omit “in its equitable juris­ diction”.
Subsection (16)	Omit “in accordance with
of section 9.	rules of Court”.
Paragraph (c)	Omit “petition” ; insert
of subsection	“proceedings”.
(2) of section
20 .
Paragraph (b)	Omit “on affidavit” .
of subsection (2) of section 64.
Subsection (4)	Omit “, and the decision of
of section 65.	the Court shall be final”.

Section 65	. .	Insert next after subsection (4) the following new sub­ section;—
(4a) An appeal shall not lie to the Court of Appeal from a decision of the Court under subsection (4) of this section, except by leave of the Court of Appeal.

Subsection (3)	Omit the subsection; insert
of section 96.	the following subsection;—

(3) If any person refuses

or neglects to comply with a notice given under sub­ section (2) of this section the Court may, on applica­ tion by the transferor, order

SECOND

Supreme Court (Amendment).

SECOND SCHEDULE—continued. No. 41, 1972

Companies— Subsection (3) that person to deliver up

-cont.	cont.	of section 96	the documents mentioned
—cont.	in the notice to the com­ pany upon such terms or conditions as to the Court seem fit.
Subsection (4)	Omit the subsection.
of section 96.
Subsection (3)	Omit and the order may provide that all costs of and incidental to the applica­ tion shall be borne by the company or by any officer of the company in default in such proportions as the Court thinks fit” .
of section 99.
Section 117 ..	Insert next after subsection (2) the following new sub­ section;—
(3) Service on the Com­ mission of originating pro­ cess in proceedings for leave under this section shall be sufficient service on it of notice of intention to apply therefor for the purposes of subsection (2) of this section.
Section 122 . .	Insert next after subsection (2) the following new sub­ section:—
(2a) Service on the Com­ mission of originating pro­ cess in proceedings for leave under this section shall, if the hearing is not less than ten days after the day of service, be sufficient compliance with subsection (2) of this section.
Subsection (2)	Omit the subsection.

of section 155.

Subsection (1)	Omit “in a summary way”.
of section 181.
Subsection (9)	Omit “in a summary way”.

of section 181. Omit “restrain” ; insert

“stay or restrain”.

Subsection (3)	Omit “upon a petition duly
of section 186.	presented to the Court” ; in­ sert “in proceedings in the Court commenced”.
Subsection (3)	Omit the subsection.
ofsection216.
Subsection (4)	Omit the subsection.
ofsection216.
Subsection (5)	Omit the subsection.
ofsection216.

SECOND

Supreme Court {Amendment).

No. 41, 1972 SECOND SCHEDULE—continued.

No. 71, 1961 Companies— Subsection (6) Omit the subsection.

—cont.

cont.

ofsection216.

Subsection (1) Omit “petition” ; insert

of section 221.	“application” .
Paragraph (a)	Omit “present the petition” ;
of subsection	insert “commence proceed­
(2) of section	ings for winding up” .
221.	Omit “presentation of the petition” ; insert “com­ mencement of the proceed­ ings” .

Paragraph (b) Omit the paragraph; insert

of subsection the following paragraph;—

(2) of section (b) proceedings for

221.   winding up on the ground of default in lodging the statutory report or in holding the statutory meet­ ing shall not be com­ menced by any per­ son except a contri­ butory nor before the expiration of fourteen days after the last day on which the meeting ought to have been held;

Paragraph (c)| Omit “petition if presented” ;

of subsection;	insert “proceedings if com­
(2) of section	menced”.
221.
Section 223 ..	Omit “presentation of the petition” wherever occur­ ring; insert “commence­ ment of the proceedings” .
Section 224	Omit “petition” wherever occurring; insert “applica­ tion” .
Omit “petitioner” wherever occurring; insert “appli­ cant” . •
Subsection (1)	Omit “On hearing a winding

of section 225.	up petition the Court may dismiss it with or without costs” ; insert “On hearing proceedings for winding up the Court may dismiss the proceedings” .
Subsection (2)	Omit “petition coming on
of section 225.	for hearing or at any time on the application of the petitioner” ; insert “hearing of the proceedings or at any time on motion of the applicant” .

SECOND

Supreme Court {Amendment).

SECOND S C H E O U I B — co n tin u e d . No. 41, 1972

No. 71, 1961 Companies- Subsection (2) Omit “on the hearing of the

—cont.	cont.	of section 225	petition” ; insert “on the
—cont.	hearing”.
Paragraph (a)	Omit “hearing of the peti­
of subsection	tion;” ; insert “hearing;
(2) of section	and”.
225.
Paragraph (b)	Omit “Court;” ; insert
of subsection	“Court.” .
(2) of section 225.
Paragraph (c)	Omit the paragraph.
of subsection (2) of section 225.
Paragraph (d)	Omit the paragraph.
of subsection (2) of section 225.
Paragraph (e)	Omit the paragraph.

of subsection (2) of section 225.

Paragraph (f)	Omit the paragraph.
of subsection (2) of section 225.
Subsection (3)	Omit “petition is presented” ;
of section 225.	insert “proceedings are
commenced”.
Omit “petitioners” wherever occurring; insert “appli­ cants” .
Subsection (4)	Omit “petition is presented” ;
of section 225.	insert “proceedings are
commenced”.
Section 226 . .	Omit “presentation of a winding up petition” ; insert “commencement of pro­ ceedings for winding up”.
Section 229	Omit “petition” ; insert “pro­
ceedings” .
Subsection (1)	Omit “petitioner” ; insert
of section 230.	“applicant” .
Subsection (2)	Omit “On the passing and
of section 230.	entering of the winding up order the petitioner shall within seven days” ; insert “The applicant shall within the time prescribed by the rules”.
Paragraph (a)	Omit “order” ; insert “wind­
of subsection	ing up order”.
(2) of section 230.
Subsection (4)	Omit “petition” ; insert “ap­
of section 230.	plication”.
Subsection (5)	Omit “petitioner” ; insert
of section 230.	“applicant” .

SECOND

Supreme Court (Amendment).

No. 41, 1972 SECOND S C U E D U C E — c o n tin u e d .

No. 71, 1961 Companies- Subsection (1) Omit “summon before it” ;

—cont.	cont.	of section 249.	insert “make orders for the attendance before it of”.
Subsection (4)	Omit the subsection.
of section 249.
Subsection (5)	Omit “summoned” ; insert
of section 249.	“ordered to attend” .
Omit “or the Master or other
officer of the Court”.
Omit “or the Master or other officer, as the case may be,”.
Subsection (6)	Omit the subsection.
of section 249.
Subsection (6)	Omit “and if the Court, after
of section 250.	hearing any evidence given or witnesses called by the liquidator, grants the appli­ cation the Court may allow the applicant such costs as in its discretion it thinks

, fit” -

Subsection (8) Omit the subsection.

of section 250.

Section 267	Omit the section; insert the
following section;—

Review of 267. (1) Any member or

liquidator’s	creditor or the liquidator
remunera­	may at any time before the
tion.	dissolution of the company apply to the Court to review
N.S.W.	the amount of the remuner­
s. 311.	ation of the liquidator.
Vic. s. 206.	(2) An appeal shall not lie to the Court of Appeal from a decision of the Court under subsection (1) of this section, except by leave of the Court of Appeal.
Tas. s. 217.

Section 276	Omit “a petition has been presented to the Court to wind up” ; insert “proceed­ ings in the Court have been commenced for the winding up of”.
Subsection (2)	Omit the subsection.
of section 282.
Section 290 . .	Omit the section.
Paragraph (a)	Omit “presentation of the

of subsection	petition” wherever occur­
(2) of section	ring; insert “commence­
293.	ment of the proceedings” .
Subsection (2)	Omit the subsection.
of section 363.

Subsection (1) Omit “Court” insert

of section 365.' “court”.

SECOND

Supreme Court {Amendment).

SECOND SCHEDULE— c o n tin u e d . No. 41, 1972

No. 71, 1961 Companies- Section 366 .. Insert next after subsection

—cont.	cont.	(4) the following new sub­ section;—
(5) This section does not limit the operation of sec­ tion eighty-one of the Su­ preme Court Act, 1970, or the operation of any rules relating to the enlargement or abridgement of time.

Subsection (1)

Omit “an application made

of section 368.

to a judge of the Court in chambers” ; insert “applica­ tion to the Court” .

Subsection (2)

Omit the subsection; insert

of section 368.

the following subsection:—

(2) An appeal shall not

lie to the Court of Appeal

from any order or decision

of the Court on or in rela­

tion to an application under

this section, except by

leave of the Court of

Appeal.

Section 384 ..

Omit the section; insert the

following section:—

384. (1) Rules of Court Rules, may be made under the x, o w Supreme Court Act, 1970— Its

(a)	with respect to any
matter or thing X ,.' ' gg,
which is by this Act ^ ‘ j.j2’
required or per- ^ 1 ' '
mitted to be pre- ' '

scribed by rules or 2, '

which is necessary or * “ ‘ ' '

convenient to be pre­ scribed under the provisions of any of the enactments of this Act; and

(b) without limiting the generality of the pro visions of this sec­ tion, with respect to meetings ordered by the Court.

(2) Subsection (1) of this section does not limit the rule - making powers conferred by the Supreme Court Act, 1970.

Subsection (3)	Omit the subsection; insert (3) Regulations
of section 385.	the following subsection;—

made

under any provision of this

Act shall—

(a)

be published in the

Gazette;

SECOND

P 81871—22

Supreme Court (Amendment).

No. 41, 1972 SECOND S C H E D U L E — continued.

No. 71, 1961 Companies- Subsection (3) (b) take effect from the or from a later date specified in the regu­ lations.

—cont.	I	cont.	of section 385	date of publication,
—cont.

No. 11, 1962 Business Section 5a .. Insert next after subsection

Names.

(4) the following new sub­

section;—

(4a) N o appeal shall lie

from the decision of the

! District Court on an appli-

; cation made under subsec-

I tion three of this section.

Subsection ( l ) j Omit “any suit or action” ;

of section 14.'

insert “any proceedings”.

Omit “suit or action is” ; in­

sert “proceedings are” .

Omit “all proceedings in the

suit or action” ; insert “the

j proceedings” .

Subsection (2)' Omit “in the case of the

of section 14. j Supreme Court by a Judge I thereof in chambers”.

Subsection (3) Omit “Proceedings may” ;

of section 14. ̂ insert “Subject to the Su­

preme Court Act, 1970,

proceedings may”.

Subsection (3) Omit “in its equitable juris-

of section 19.: diction” .

No. 4, 1963 Commercial Section 14 . . O mi t “rehearing,” ; insert

Agents and	“rehearing, and the deci­
Private	sion of the District Court
Inquiry	thereon shall be final and
Agents.	without appeal.”.

Subsection (3) Omit “an order for the pay-

of section 30. ment of money under the Small Debts Recovery Act, 1912, as amended by sub­ sequent Acts” ; insert “a judgment debt under the Courts of Petty Sessions (Civil Claims) Act, 1970”.

Subsection (3) Omit “action” where firstly

of section 37.

occurring; insert “proceed­

ings”.

Omit “such action” where j secondly occurring; insert I “action for indemnity”.

No. 44, 1963 ! Cobar Water Paragraph (a). Omit the paragraph; insert

Supply.	of subsection the following paragraph:— (3) of section (a) it has been estab-
33. : lished to the satisfac­ tion of the Supreme Court that the deben­ ture has been lost or destroyed before it has been paid off;
Paragraph (b) Omit “judge” ; insert
of subsection “Court”.
(3) of section 33.

SECOND

Supreme Court {Amendment).

SECOND SCHEDULE—continued . No. 41, 1972

(ap) by omitting from the matter relating to subsection five of section seventy of Act No. 59, 1963, in the sub-column headed “Amendment.” of the Second Column the words “Omit ‘in accordance with rules of court’.” and by inserting in lieu thereof the words “Omit ‘in accordance with rules of court’ where firstly occurring.”;

(aq) by inserting next after the matter relating to Act No. 59, 1963, the following new matter:—

No. 23, 1965 Adoption of Section 6 In the definition of “Court”

Children.

omit “in its equitable juris­

diction” .

Insert at the end of the section the following new defi­ nition;—

“the nominated officer”

means the Registrar

in Equity and in­

cludes any other

officer of the Court specified by rules of Court as the nomin­ ated officer for the purposes of this Act.

Section 7	Omit the section.
Subsection (2)	Omit the subsection; insert
of section 14.	the following subsection:— (2) Subject to rules of Court an appeal under subsection one of this section may, where the organisation is unincorpor­ ate, be brought and continued by one or more of the persons comprising
the organisation as
representing all persons comprising the organis­
ation. ^
Subsection (3)	Omit “may, in accordance
of section 22	with the rules of Court, dispense” ; insert “may dispense”.
Section 28	Omit “ Master in Equity” wherever occurring; insert “nominated officer”.
Subsection (1)	Omit “a request” ; insert
of section 32.	“application”.
Subsection (1a)	Omit “a request” ; insert
of section 32	“application” .
Subsection (2)	Omit “request” ; insert
of section 32.	“application” .
Subsection (4)	Omit “request” wherever
of section 32	occurring; insert
“application”.

SECOND

Supreme Court (^Amendment).

No. 41, 1972 SECOND S C H E D l i lM — c o n tin u e d .

No. 23, 1965 Adoption of Paragraph (a) Omit “request” wherever

•—cont.	Cliildren-	of subsection	occurring;	insert
cont.	(5) of section	“application”.
32.

Paragraph (b)	Omit “requesting” wherever
of subsection	occurring; insert “applying
(5) of section	for”.
32.	Omit “request” wherever
occurring; insert
“application” .
Subsection (6)	Omit the subsection.
of section 32.
Subsection (6)	Omit “Master in Equity” ;
of section 47.	insert “nominated officer”.

Section 61	. .	Omit “Master in Equity'	,5» ’
insert “nominated officer'

Section 62	.	Omit “ Master in Equity” ; insert “nominated officer” .
Omit “Master” where
secondly occurring; insert “nominated officer”.
Section 63	Omit “ Master in Equity” ; insert “nominated officer”.
Section 72	Omit the section; insert the
following section;—

Rules of	72. (1) P,ules of Court may be made under the Supreme Court Act, 1970,
Court.
regulating practice and
procedure in respect of proceedings under this Act.
(2) Subsection one of this section does not limit the rule-making powers conferred by the Supreme Court Act, 1970.

(ar) by omitting from the matter relating to section three of

Act No. 32, 1965, in the sub-column headed “Amendment.”

of the Second Column the words “ P o w e r t o E n t e r S u b ­

s t i t u t e d ” and by inserting in lieu thereof the words

“ P o w e r t o e n t e r s u b s t i t u t e d ” ;

(as) by inserting next after the matter relating to Aet No. 32, 1965, the following new matter:—

No. 10, 1966| State Develop- Paragraph (a) Omit the paragraph; insert

I ment and of subsection the following paragraph:—

I Country Industries (3) of section (a) it has been estab­ faction of the Sup­ reme Court that the

17.  lished to the satis­

Assistance.

SECOND

Supreme Court (Amendment).

SECOND S C H E D U L E — continued . No. 41, 1972

No. 10, 1966 State Develop­ Paragraph (a) debenture has been

— cont.	ment	and	of subsection	lost or destroyed
Country	(3) of section	before it has been
Industries	17—cont.	paid off;

Assistance—

cont.	Paragraph (b)	Omit	“judge” ;	insert
of subsection	“Court”.
(3) of section! 17.

No. 18, 1967	Permanent	Section 38	Omit the section; insert the
Building	following section:—
Societies.

38. (1) Where the regis- Review of

trar refuses to register decisions of

a society or any of its registrar

rules or any alteration

of Its rules or directs . J924 c

a change of its name, .i., ’ ‘

the registrar shall, if '' '

so required by the society, set forth in writing under his hand the grounds of his refusal or the grounds upon which the direction was given.

(2) The society may, unless the grounds of the registrar’s refusal or direc­ tion are that the society would be, or is, registered by a name, or a name of a kind, that the Minister has directed the registrar not to

accept for registration,

apply to the Supreme Court for review of the refusal or direction.

(3) On the review, the Supreme Court may make such orders as may be proper in the circumstances.

Paragraph (b) Omit “in its equitable

of subsection	jurisdiction”.
(9) of section	Omit “that court” ; insert
81.	“the Court”.
Paragraph (c)	Omit “by a judge”.
of subsection	Omit “the judge” where
(9) of section	firstly occurring; insert “the

81.  presiding judge at the trial” "

Subsection (6)	Omit “or a Judge thereof”.
of section 85.1

SECOND

Supreme Court (Amendment).

No. 41, 1972 SECOND SCHEDULE— con/im<ed.

(at) (i) by omitting from the sub-column headed “Amendment.” of the Second Column the matter relating to section two of Act No. 72, 1967, and by inserting in lieu thereof the following m atter:—

Insert next after the definition of “Judge” the following new definition:—

“Rules” means rules made under the Supreme Court Act, 1970.

(ii)   by inserting in the Second Column next after the matter relating to section two of the same Act the following new matter:—

Subsection (1) of. Omit “of court.”

section 4. I

(iii)   by omitting from the sub-column headed “Amendment.” of the Second Column the matter relating to section eight of the same Act and by inserting in lieu thereof the following matter:—

Omit “of court”.

(iv)   by omitting from the same sub-column of the Second Column the matter relating to section ten of the same Act and by inserting in lieu thereof the following m atter:—

Omit “of court”.

(v)   by omitting from the same sub-column of the Second Column the matter relating to subsection two of section sixteen of the same Act and by inserting in lieu thereof the following m atter:—

Omit “of court”.

(vi)   by omitting from the same sub-column of the Second Column the matter relating to subsection three of section eighteen of the same Act and by inserting in lieu thereof the following m atter:—

Omit “rules of the Court of Appeal”; insert “the

rules”.

SECOND

Supreme Court (Amendment).

SECOND SCHEDULE— con?/nMed. No. 41, 1972

(vii)   by omitting from the same sub-column of the Second Column the matter relating to subsection one of section nineteen of the same Act and by inserting in lieu there­ of the following matter:—

Omit “special”; insert “stated”.

Omit “that Court”; insert “the Court of Appeal”.

Omit “rules of the Court of Appeal” ; insert “rules”.

(viii)   by omitting from the same sub-column of the Second Column the matter relating to subsection one of section twenty-four of the same Act and by inserting in lieu thereof the following matter:—

Omit “of this Act” ; insert “of this Act has been

made,”.

Omit “, within twenty-one days after the conviction

or order,”.

(ix)   by omitting from the matter relating to subsection three of section twenty-four of the same Act in the same sub-column of the Second Column the words “the Appeal” and by inserting in lieu thereof the words “the appeal”;

(x)   by omitting from the matter relating to the same Act all matter in the Second Column that follows the matter relating to section twenty-seven of that Act and by inserting in lieu thereof the following matter:—

Subsection (1) of Omit “The Judges or any five of them may

section 29. make general rules” ; insert “Rules may be made under the Supreme Court Act, 1970,” .

Subsection (2) of	Omit “made under that subsection”.
section 29. Paragraph (f) of	Omit “of the Court” where firstly occur­

subsection (2)	ring.
of section 29.

Subsection (3) of Omit the subsection; insert the following section 29.	subsection:—
(3) Subsections one and two of this section do not limit the rule-making powers conferred by the Supreme Court Act, 1970.

Subsection (4) of Omit the subsection,

section 29. I

SECOND

68 b

Supreme Court (Amendment).

No.'4l, 1972 SECOND S C U E D U C E — c o n tin u e d .

(au) by inserting next after the matter relating to Act No. 72, 1967, the following new matter:—

No. 90, 1967 , Pipelines	.	I	Subsection (4); Omit “an action” ; insert
of section 33. ' ! Subsection (5)' Omit “action” ; insert “pro­ “proceedings” .

of section 33	ceedings” .
Subsection (7)	Omit the subsection.
of section 33.
Subsection (2)	Omit the subsection.
of section 52.
Subsection (5)	Omit the subsection.
of section 52.

(av) (i) by omitting from the matter relating to Act No. 11, 1968, in the sub-column headed “Subject.” of the First Column the word “Marketing” wherever occurring and by inserting in lieu thereof the word “Market” ;

(ii)   by omitting from the matter relating to subsection five of section forty-four of the same Act in the sub­ column headed “Amendment.” of the Second Column the words “Omit ‘in accordance with rules of court’ ” and by inserting in lieu thereof the words “Omit ‘in accordance with rules of court’ where firstly occurring” ;

(aw) by inserting next after the matter relating to .\ct No. 11, 1968, the following new matter;—

No. 15, 1968 Companies Section 28 , . Omit the section; insert the

(Transfer of	following section:—
Domicile).	28. The power to make rules conferred by section three hundred and eighty- four of the Companies Act with respect to the matters and things mentioned in that section shall include power to make rules with respect to the like matters and things arising under this Act.

Rules.

Subsection (4)	Omit the subsection.
of section 29.

(ax) (i) by omitting from the matter relating to subsection seven of section fifty-three of Act No. 56, 1968, in the sub­ column headed “Amendment.” of the Second Column the words “Omit ‘in accordance with rules of court’ ” and by inserting in lieu thereof the words “Omit ‘in accordance with rules of court’ where firstly occurring” ;

SECOND

Supreme Court (Amendment).

SECOND SCHEDULE— c o n tin u e d . No. 41, 1972

(ii)   by omitting from the matter relating to the same sub­ section in the same sub-column of the Second Column the words “court, i f ’ and by inserting in lieu thereof the words “court may, if” ;

(ay) (i) by omitting from the matter relating to Act No. 8, 1969, in the Second Column all matter that precedes the matter relating to subsection twelve of section sixty-six and by inserting in lieu thereof the following m atter:—

Section 32 .. Omit the section; insert the following sec­

tion:— 32. (1) Where the registrar refuses to Review of

register a proposed credit union, or a decisions of

proposed association, or any of its pro- registrar,

posed rules, or any proposed alteration . .

of the rules of a credit union or of an

association, or directs a change of its

name, the registrar shall, if so required Act No. 18,

by the applicant for registration or, as 1967, s. 36.

the case may be, the credit union or asso­

ciation, set forth in writing under his

hand within two months of the date of

receipt of the requisition, the grounds of

his refusal or, in the case of a direction,

the grounds upon which the direction

was given.

(2) The applicant for registration or, as the case may be, the credit union or association may, unless the grounds of the registrar’s refusal or direction are that the credit union or association would be, or is, registered by a name, or a name of a kind, that the Minister has directed the registrar not to accept for registration, apply to the Supreme Court for review of the refusal or direction.

(3) On the review the Supreme Court may make such orders as may be proper in the circumstances.

(ii)   by omitting from the sub-column headed “Amendment.” of the Second Column the matter relating to subsection twelve of section sixty-six of the same Act and by inserting in lieu thereof the following matter; —

Omit “in its equitable jurisdiction”.

Omit “that Court” ; insert “the Court” ;

(iii)   by omitting from the same sub-column of the Second Column the matter relating to subsection thirteen of the same section and by inserting in lieu thereof the following matter;—

Omit “by a judge”.

SECOND

Supreme Court {Amendment).

No. 41, 1972	SECOND S C U E D V L E — c o n tin u e d .
Omit “the judge” where firstly occurring; insert “the presiding judge at the trial” ;

(az) (i) by omitting from the sub-column headed “Amendment.” of the Second Column the matter relating to subsection one of section forty of Act No. 30, 1969, and by inserting in lieu thereof the following matter:—

Omit “sheriff, bailiff,” ; insert “bailiff”;

(ii)   by omitting from the same sub-column of the Second Column the matter relating to subsection two of the same section and by inserting in lieu thereof the

following matter: —

Omit “sheriff, bailiff,” ; insert “bailiff”.

(ba) by omitting from the sub-column headed “Amendment.” of the Second Column in the matter relating to subsection one of section seventy-seven of Act No. 31, 1969, the words “Small Debts Recovery Act, 1912” and by inserting in lieu thereof the words “Courts of Petty Sessions (Civil Claims) Act, 1970” ;

(bb) by inserting next after the matter relating to Act No. 53,

1969, the following new m atter:—

No. 11, 1970	Courts of Petty, Section 21	Omit “twenty-one” ; insert
Sessions	“eighteen” .

(Civil	Subsection (3)	Omit “duces tecum” ; insert
Claims)	of section 41.	“for production”.
Subsection (3)	Omit “ 117a” ; insert “one
of section 69.	hundred and fifteen”.
Omit “by way of special
case”.
Subsection (2)	Omit “duces tecum” ; insert
of section 72	“for production”.

Section 74	.	Omit “a plaint filed in a court or any order or pro­ ceedings thereon under this Act, shall not be removed out of a court by writ of certiorari or otherwise” ; insert “no order of removal out of a court into the Supreme Court shall be made of a plaint filed in a court or of any order or proceedings thereon under
this Act” .

No. 22, 1970	Land Develop­	Section 62	Omit “at the suit of” ; insert
ment Contri­	“by” .
bution Man­ agement.

SECOND

Supreme Court (Amendment).

SECOND SCHEDULE— No. 41, 1972

No. 29, 1970 Dairy Industry Section 31 Omit “action, suit” ; insert

Authority.

“action or other proceed­

ings”.

Subsection (3)

Omit the subsection; insert

of section 32

the following subsection:—

(3) In any proceedings

(whether at law or in

equity) by any dairyman,

transferee, or party afore­

said in respect of any such

milk or chose in action or

part, the Authority may

plead this section as a

defence to the proceedings.

Paragraph (a)

Omit the paragraph; insert

of subsection

the following paragraph:— lished to the satis­ faction of the Su­ preme Court that the debenture or bond has been lost or des­ troyed before it has been paid off;

(3) of section	(a) it has been estab­
73.

Paragraph (b)	Omit	“judge” ;	insert
of subsection	“Court”.
(3) of section 73.

Sectioii 77	..	Omit the section; insert the
following section:—

77. Any charge, fee or Recovery of

money due to the Authority charges, under the provisions of this &c. ’ Act may be recovered as a

debt or liquidated demand in a court of competent jurisdiction.

Subsection (1)	Omit “A writ or other pro­
of section 81.	cess” ; insert “Proceed­
ings” .
Omit “sued out or served upon” ; insert “commenced against”.
Subsection (4)	Omit “or any judge of the
of section 81.	court”.
Omit “or judge” wherever
occurring.
Subsection (5)	Omit “a judge of”.
of section 81.	Omit “in accordance with
rules of court” .
Omit “judge may, if he” ;
insert “Court may, if it” .
Subsection (7)	Omit the subsection.
of section 81.
Subsection (8)	Omit “in bar” ; insert “as a
of section 81	defence to the action”.
Subsection (9)	After “action” insert “other
of section 81.	than an action in the Su­ preme Court”.

SECOND

Supreme Court {Amendment).

No. 41, 1972 SECOND SCHEDULE—con/mMct/.

No. 35, 1970 I Securities Subsection (l)i In the definition of “Court”

Industry.	of .section 4.	omit “has the meaning ascribed thereto in the Companies Act, 1961” ; in­ sert “means the Supreme Court of New South Wales” .
Subsection (2)	Omit “within twenty-eight

of section 60.

days after receipt of notice thereof appeal to the Court in accordance with rules of court” ; insert “within the time prescribed by rules of court appeal to the Court” .

Subsection (3)

Omit the subsection; insert

of section 60.

the following subsection:—

(3) An appellant shall,

on the day on which he

commences proceedings in

the Court by way of appeal,

lodge a copy of the origin­

ating process in the pro­

ceedings with the secretary

of the committee against

whose opinion he is appeal­

ing.

Subsection (4)

Omit “The Court shall in­

of section 60.

quire into and decide upon the appeal which shall be in the nature of a re-hearing and, if” ; insert “If”.

Subsection (3)

Omit “lie” ; insert “lie nor

of section 61.

shall proceedings for dam­

ages be taken”.

Subsection (3)

Omit “, in accordance with

of section 62.

rules of court,” .

Subsection (2)

Omit “action at law” ; insert

of section 63.

“proceedings” .

Omit “such action’ , insert

“such proceedings” .

Omit “, and all questions of costs shall be in the discre­ tion of the Court” .

Subsection (3)

Omit “lie” ; insert “lie nor

of section 68.

shall proceedings be taken”.

Section 69 .. Omit “action” ; insert

“action or claim”.

No. 37, 1970	Legal Practi­	Section 8	..	Insert next after subsection
tioners (Legal	(2) the following new sub­
Aid).	section;—
(2a) Subsection two of this section does not apply to the issue of a certificate in respect of proceedings for an order against the applicant under subsection one of section eighty-four of the Supreme Court Act, 1970.

SECOND

Supreme Court (Amendment).

SECOND SCHEDULE— co n tin u e d . No. 41, 1972

No. 60, 1970 Minors (Prop-: Section 51 Omit the section; insert the

erty and following section:—

Contracts). 51. (1) The practice and Rules of

procedure in proceedings court,

under this Act in the Su­

preme Court shall be as

prescribed by rules of court

made under the Supreme

Court Act, 1970.

(2) Rules of court not inconsistent with this Act may be made by a majority of the District Court judges for the regu­ lation of the practice and procedure in proceedings under this Act in the Dis­ trict Courts.

(3) A rule made in the exercise of the power to make rules given by sub­ section two of this section shall—

(a)

be published in the

Gazette;

(b)

take effect on and from the date of pub­ lication or a later date specified in the rule; and

(c)

be laid before each House of Parliament within fourteen sit­ ting days of that House after the date of publication.

(4) If either House of Parliament passes a resolu­ tion, of which notice has been given within fifteen sitting days of that House after a rule referred to in subsection three of this sec­ tion has been laid before it, disallowing the rule or any part thereof, the rule or part thereupon ceases to have effect.

(5) For the purposes of subsections three and four of this section, sitting days shall be counted whether or not they occur during the same session.

(6) Rules of court not inconsistent with this Act may be made by the Governor for the regulation of the practice and proce­ dure in proceedings under this Act in courts of petty sessions.

SECOND

Supreme Court {Amendment).

No. 41, 1972 SECOND S C n m y U 'L E — c o n tin u e d .

No. 66, 1970 Wheat Quotas Subsection (1) Omit “writ of injunction or

of section 31. mandamus” ; insert “pro­ ceeding for an injunction or for a judgment or order commanding the doing of an act” .

No. 95, 1970	State Pollution	Subsection (1)	Omit “A writ or other pro­
Control Com­	of section 30.	cess” ; insert “Proceed­
mission.	ings”.
Omit “sued out or served upon” ; insert “commenced against”.
Subsection (4)	Omit “or any judge of the
of section 30.	court”.
Omit “or judge” wherever
occurring.
Subsection (5)	Omit “a judge of”.
of section 30.	Omit “in accordance with
rules of court”.
Omit “judge may, if he” ; in­
sert “Court may, if it”.
Subsection (7)	Omit the subsection.
of section 30.
Subsection (8)	Omit “in bar” ; insert “as a
of section 30.	defence to the action”.
Subsection (9)	After “action” insert “other

of section 30.	than an action in the Su­
preme Court” .

No. 96, 1970	Summary	Section 62	.;	Omit “ liable, at the suit of
Offences.	the person who laid the information for the offence, to any civil proceedings in respect of the cause for which he was convicted” ; insert “liable to any civil proceedings in respect of the cause for which he was convicted brought by the person who laid the inform­ ation for the offence”.

Subsection (5)	Omit “defendant, he” ; in­
of section 65.	sert “defendant and the action is not in the Supreme Court, the defendant”.

No. 97, 1970 Waste Disposal Paragraph (a) Omit the paragraph; insert

of subsection the following paragraph;— lished to the satisfac­ tion of the Supreme Court that the deben­ ture or bond has been lost or des­ troyed before re­ demption;

(3) of section	(a) it has been estab­
40.

Paragraph (b)	Omit	“judge” ;	insert
of subsection	“Court”.
(3) of section 40.

SECOND

Supreme Court (Amendment).

SECOND SCHEDULE— c o n tin u ed . No. 41, 1972

No. 97, 1970 Waste Disposal 1 Subsection (1) Omit “A writ or other pro­

—cont.	—cont.	of section 54.	cess” ;	insert	“Proceed­
ings”.

Omit “sued out or served upon” ; insert “commenced against”.

Subsection (4)

Omit “or any judge of the

of section 54.

court”.

Omit “or judge” wherever

occurring.

Subsection (5)

Omit “a judge of”.

of section 54.

Omit “in accordance with

rules of court” .

Omit “ judge may, if he” ;

insert “Court may, if it”.

Subsection (7)

Omit the subsection.

of section 54.

Subsection (8)

Omit “in bar” ; insert “as a

of section 54.

defence to the action”.

Subsection (9)

After “action” insert “other

of section 54.

than an action in the Su­

preme Court” .

No. 16, 1971	Builders	Subsection (1)	Omit “A writ or other pro­
Licensing.	of section 58.	cess” ; insert “Proceed­
ings” .
Omit “sued out or served upon” ; insert “commenced against” .
Subsection (4)	Omit “or any judge of the
of section 58.	court” .
Omit “or judge” wherever
occurring.
Subsection (5)	Omit “in accordance with
of section 58.	rules of court” .
Subsection (7)	Omit the subsection.
of section 58.
Subsection (8)	Omit “in bar” ; insert “as a
of section 58.	defence to the action”.

No. 18, 1971	Land Aggrega­	Subsection (5)	Omit “in writing request the
tion Tax	of section 35.	Commissioner to treat his

Management.	objection as an appeal and to forward it to the Su­ preme Court, and the Com­ missioner shall, within thirty days of the receipt by him of the request, forward it
accordingly” ; insert
“appeal to the Supreme Court from the assessment.”

Subsection (1)	Omit the subsection.
of section 37.
Subsection (2)	Omit “the appeal” ; insert
of section 37.	“an appeal to the Supreme Court under section thirty- five of this Act”.
Subsection (5)	Omit the subsection.
of section 37.
Subsection (6)	Omit the subsection.
of section 37

SECOND

Supreme Court (Amendment).

No. 41, 1972 SECOND S C H E D U L E — co n tin u e d .

No. 18, 1971 Land Aggrega­ Subsection (7) Omit the subsection.

—cont.	tion Tax	of section 37.
Management	Subsection (8) Omit the subsection.
—cont.	of section 37.
Subsection (9) Omit the subsection.
of section 37.
Section 38 .. Omit the section.

No. 22, 1971	Pay-roll Tax .	Subsection (1)	Omit “by a request in writ­
of section 33.	ing accompanied by a fee of five dollars, request the Commissioner to treat his objection as an appeal and to forward it to the Supreme Court and the
Commissioner shall, as
soon as practicable, forward it accordingly” ; insert “appeal to the Supreme Court”.
Subsection (2)	Omit the subsection.
of section 33.

No. 78, 1971 Local Govern­ Section 2 .. Omit from the new Part

ment	inserted by the section
(Appeals)	the word “cause” where
Amendment.	secondly occurring in sub­ section four of the new section 342bh; insert “pro­ ceedings, other than crimi­
nal proceedings,” .

Sec. 14. THIRD SCHEDULE.

The Second Schedule to the Supreme Court Act, 1970, is further

amended—

(a)	by omitting from the Second Column the matter relating to paragraphs (a ), (b ), (c), (d ), (e) and (f) of Schedule N to Act No. 18, 1899;
(b)	by omitting from the Second Column the matter relating to section nine of Act No. 16, 1900;
(c)	by omitting from the matter relating to section seven of Act No. 42, 1924, in the Second Column the words “scales of fees and”;
(d)	by omitting from the Second Column the matter relating to paragraph (a) of subsection three of section sixty-three of Act No. 15, 1926.

SYDNEY