Australian Capital Territory Supreme Court Act 1958

Legislation au C1958A00043 Not in force Act

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AUSTRALIAN CAPITAL TERRITORY SUPREME COURT.

No. 43 of 1958.

An Act to amend the Australian Capital Territory Supreme Court Act 1933–1957, and for other purposes.

[Assented to 29th September, 1958.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Australian Capital Territory Supreme Court Act 1958.

(2.) The Australian Capital Territory Supreme Court Act 1933–1957 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Australian Capital Territory Supreme Court Act 1933–1958.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Definitions.

3. Section five of the Principal Act is amended—

(a) by inserting before the definition of “cause” the following definition:—

“‘additional Judge’ means a Judge appointed under sub-section (2.) of section seven of this Act;”;

(b) by inserting after the definition of “defendant” the following definition:—

“‘Judge’, in the expressions ‘the Supreme Court or the Judge’, ‘the Court or the Judge’ and ‘the Court or Judge’, means the Judge sitting in Chambers;”; and

“‘the Court’ means the Supreme Court;

“‘the Judge’ or ‘the Judge of the Supreme Court’ means the Judge appointed under sub section (1.) of section seven of this Act or an additional Judge;”.

Establishment or Supreme Court.

4. Section six of the Principal Act is amended—

(a) by omitting from sub-section (2.) the words “and shall consist of one Judge”; and

(b) by adding at the end thereof the following sub-section:—

“(3.) The Court shall consist of one Judge appointed under sub-section (1.) of the next succeeding section and the additional Judge or Judges appointed under sub-section (2.) of that section.”.

5. Sections seven, eight and eight a of the Principal Act are repealed and the following sections inserted in their stead:—

Appointment of Judge and additional Judges.

“7.—(1.) The Governor-General may appoint, by commission, a person who is or has been a practising barrister or solicitor of the High Court or of the Supreme Court of a State of not less than five years’ standing to be a Judge of the Supreme Court.

“(2.) The Governor-General may appoint, by commission, a person who, or persons each of whom, is a Judge of another court created by the Parliament to be an additional Judge or additional Judges of the Supreme Court.

“(3.) The Judges appointed under the last preceding sub-section have seniority as additional Judges of the Supreme Court according to the dates of their commissions.

“(4.) The person holding office as the Judge of the Supreme Court immediately before the commencement of this section shall, for the purposes of this Act, be deemed to have been appointed under sub-section (1.) of this section.

Exercise of jurisdiction.

“8.—(1.) The jurisdiction of the Supreme Court is exercisable by one Judge, sitting in Court, or, to the extent provided by this Act, sitting in Chambers.

“(2.) The Judge appointed under sub-section (1.) of the last preceding section may, from time to time, make arrangements as to which Judge is to exercise the jurisdiction of the Court.

“(3.) Where—

(a) the Judge appointed under sub-section (1.) of the last preceding section is, by reason of absence or for any other reason, unable to discharge the duties of his office, or the Judge so appointed has died or otherwise ceased to hold office and a Judge has not been appointed in his place; and

(b) there are two or more additional Judges of the Court, the senior additional Judge may, from time to time, make arrangements as to which of the additional Judges is to exercise the jurisdiction of the Court.

Holding of other offices.

“8a.—(1.) A person appointed under sub-section (1.) of section seven of this Act to be a Judge of the Supreme Court is capable of holding, in addition to the office of Judge of that Court, one or more of the following offices:—

(a) the office of Judge Advocate-General of a part of the Defence Force;

(b) a judicial office in relation to a Territory of the Commonwealth other than the Australian Capital Territory;

(c) any other office (not being an office of profit) if his appointment to that other office is made or approved by the Governor-General.

“(2.) Where a person referred to in the last preceding sub-section also holds an office referred to in paragraph (a) or (b) of that sub-section, he shall be remunerated only with the salary that he receives as a Judge of the Supreme Court.”.

Salaries and travelling expenses.

6. Section eight b of the Principal Act is amended—

(a) by inserting in sub-section (1.), after the word “Judge”, the words “appointed under sub-section (1.) of section seven of this Act”;

(b) by inserting after sub-section (1.) the following sub-section:—

“(1a.) An additional Judge shall be remunerated with the salary that he receives as a Judge of the other court of which he is a Judge.”;

(c) by omitting from sub-section (2.) the words “The Judge” and inserting in their stead the words “A Judge of the Supreme Court”; and

(d) by omitting from sub-section (7.) the words “Salaries under this section” and inserting in their stead the words “The salary of the Judge appointed under sub-section (1.) of section seven of this Act”.

Oath of allegiance and office.

7. Section ten of the Principal Act is amended by omitting the words “The Judge and an Acting Judge” and inserting in their stead the words “Each Judge”.

Amendment of Judges’ Pensions Act.

8.—(1.) The Judges’ Pensions Act 1948–1956, as amended by the Judges’ Pensions Act 1958, is amended by omitting from section four the words “the Judge of the Supreme Court of the Australian Capital Territory” and inserting in their stead the words “a Judge of the Supreme Court of the Australian Capital Territory appointed otherwise than under sub-section (2.) of section seven of the Australian Capital Territory Supreme Court Act 1933–1958”.

(2.) Section one of the Judges’ Pensions Act 1958 is amended by omitting sub-section (2.).

(3.) The Judges’ Pensions Act 1948–1956, as amended by the Judges’ Pensions Act 1958 and by this Act, may be cited as the Judges’ Pensions Act 1948–1958.

Overview

The Australian Capital Territory Supreme Court Act 1958 was enacted to amend the Australian Capital Territory Supreme Court Act 1933-1957, addressing the need for more flexibility and efficiency in the administration of justice within the Australian Capital Territory. This Act was assented to on 29th September, 1958, by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The Act introduces the possibility of appointing additional Judges to the Supreme Court, thereby enhancing the capacity of the Court to manage its workload effectively. The policy objective underpinning this Act is to improve the judicial process by ensuring that the Supreme Court has the necessary resources to deliver timely and efficient justice, thereby addressing potential gaps in the Court's operational capacity.

Scope and Application

The Australian Capital Territory Supreme Court Act 1958 is a legislative instrument enacted to amend the Australian Capital Territory Supreme Court Act 1933–1957, thereby providing for the establishment and operational framework of the Supreme Court in the Australian Capital Territory. This Act applies to the appointment of a Chief Judge and additional Judges to the Supreme Court, defining the qualifications and eligibility criteria for such appointments. The Governor-General has the authority to appoint a practising barrister or solicitor of the High Court or of a State Supreme Court with at least five years of experience as a Chief Judge, while additional Judges may be appointed from those who are already serving as Judges in another court established by the Parliament. The Act also governs the exercise of jurisdiction by the Court, specifying that it may be exercised by one Judge sitting in Court or, to the extent provided by the Act, in Chambers. The remuneration and expenses of the Judges are outlined, with the Chief Judge receiving a specific salary and additional Judges being compensated according to their other judicial roles. The Act further adjusts provisions related to oaths of allegiance and office, and amends the Judges’ Pensions Act 1948–1956 to align with the new appointment framework. This Act operates within the jurisdiction of the Australian Capital Territory, thereby ensuring that the governance and administration of the Supreme Court are in line with the legislative standards and practices of the Commonwealth.

Key Provisions

The Australian Capital Territory Supreme Court Act 1958 amends the Australian Capital Territory Supreme Court Act 1933–1957, introducing new provisions and definitions regarding the composition and operation of the Supreme Court. Section 4 of the Act modifies the composition of the Court, allowing it to consist of one Judge, appointed under section 7(1), and any additional Judges appointed under section 7(2). This allows the Court to have more than one Judge, depending on the need for additional judicial capacity. Section 7 details the appointment process for Judges, requiring the Governor-General to appoint a practising barrister or solicitor of at least five years' standing as a Judge, and also permitting the appointment of Judges from other courts as additional Judges. The seniority of additional Judges is determined by the dates of their commissions. The jurisdiction of the Supreme Court is set out in section 8, which allows for the exercise of jurisdiction by one Judge sitting in Court or, where permitted by the Act, sitting in Chambers. Section 8 also provides mechanisms for the delegation of judicial duties when the primary Judge is unavailable. The Act imposes several obligations on the parties involved. The Governor-General is required to appoint suitable candidates as Judges or additional Judges based on their professional qualifications and experience. The Judges themselves must adhere to the conditions of their appointments, including the possibility of holding additional offices, as long as they do not conflict with their duties as Supreme Court Judges. Furthermore, Judges are mandated to take an oath of allegiance and office as stipulated in section 7. The Act also modifies the remuneration for additional Judges, specifying that they should receive the salary from their original court of appointment as detailed in section 6. The Act delineates specific consequences for breaches of its provisions. While the Act does not explicitly list offences or penalties for non-compliance, the seriousness of judicial appointments and the conduct of Judges implies that any failure to adhere to the requirements could have significant legal repercussions. Unauthorized practice of judicial duties or failure to fulfil the conditions of appointment could lead to legal challenges or disciplinary actions against the offending party. Additionally, any misconduct or breach of the oath of office could result in removal from office and potential criminal charges, depending on the nature and severity of the breach.

Area of Law: Administrative Law; Courts & Judiciary
Instrument: Act
Concepts: Definitions & Interpretation; Commencement Provisions; Repeal & Amendment; Appointment of Judge and additional Judges; Exercise of jurisdiction

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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