Australian Capital Territory Supreme Court Act 1968

Legislation au C1968A00156 Not in force Act

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Australian Capital Territory Supreme Court

No. 156 of 1968

An Act to amend the Australian Capital Territory Supreme Court Act 1933-1966.

[Assented to 10 December 1968]

BE it enacted by the Queens 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 1968.

(2.) The Australian Capital Territory Supreme Court Act 19331966 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 19331968.

Commencement.

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

Definitions.

3. Section 5 of the Principal Act is amended—

(a) by omitting the definition of Judge and inserting in its stead the following definition:—

Judge or Judge of the Supreme Court means the Judge appointed under sub-section (1.) of section seven of this Act or an additional Judge and, in the expressions the Supreme Court or the Judge, the Court or the Judge and the Court or Judge, means the Judge so appointed, or an additional Judge, sitting in Chambers;; and

(b) by omitting the words—

“‘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;.

Appointment of Judge and additional Judges.

4.—(1.) Section 7 of the Principal Act is amended by omitting subsection (1.) and inserting in its stead the following sub-section:—

(1.) The Governor-General may appoint, by commission, a person who is or has been—

(a) a Judge of another court created by the Parliament or of a court of a State; or


(b) a practising barrister, solicitor, barrister and solicitor, or legal practitioner of the High Court or of the Supreme Court of a State, the Australian Capital Territory or another Territory of the Commonwealth, of not less than five years standing,

to be a Judge of the Supreme Court..

(2.) The Judge of the Supreme Court appointed under sub-section (1.) of section 7 of the Principal Act, and holding office immediately before the commencement of this Act, shall, upon the commencement of this Act, be deemed to have been appointed under sub-section (1.) of section 7 of the Principal Act as amended by this Act.

Exercise of jurisdiction generally.

5. Section 8 of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words The jurisdiction and inserting in their stead the words Subject to the next succeeding section, the jurisdiction;

(b) by adding at the end of sub-section (2.) the words that is exercisable by one Judge; and

(c) by adding at the end of sub-section (3.) the words that is exercisable by one Judge.

6. After section 8 of the Principal Act the following section is inserted:—

Exercise of jurisdiction in relation to legal practitioners.

8aa.—(1.) The jurisdiction of the Supreme Court in the following matters shall be exercised by not less than three Judges sitting together in Court:—

(a) an application under any Ordinance relating to legal practitioners for admission of a person to practise as a barrister and solicitor, or as a barrister or as a solicitor, of the Court;

(b) any matter relating to the issue of, or the cancellation of, a practising certificate under any such Ordinance; and

(c) any matter arising under any such Ordinance in relation to the professional behaviour or conduct of a legal practitioner, including an appeal to the Court from a decision of a Disciplinary Committee established under any such Ordinance.

(2.) The Judge appointed under sub-section (1.) of section seven of this Act may, from time to time, make arrangements as to which Judges are to exercise the jurisdiction of the Court that is exercisable in accordance with the last preceding sub-section.

(3.) Where—

(a) the Judge appointed under sub-section (1.) of section seven of this Act 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 more than three additional Judges of the Court,


the senior additional Judge may, from time to time, make arrangements as to which of the additional Judges are to exercise the jurisdiction of the Court that is exercisable in accordance with sub-section (1.) of this section.

(4.) If three or more Judges sitting together in accordance with sub-section (1.) of this section are divided in opinion as to the decision to be given on any question, the question shall be decided according to the opinion of the majority, if there is a majority, but if the Judges are equally divided in opinion, the opinion of the Judge appointed under sub-section (1.) of section seven of this Act, or, if he is not one of the Judges so sitting, the opinion of the senior additional Judge present, shall prevail..

Jurisdiction in Chambers.

7. Section 12 of the Principal Act is amended by inserting in subsection (1.), after the words Supreme Court (first occurring), the words that is exercisable by one Judge.

References to Full Court of High Court.

8. Section 13 of the Principal Act is amended by inserting after the word Chambers, the words or Judges of the Court sitting together in accordance with section eight aa of this Act,.

Rules of Court.

9.—(1.) Section 28 of the Principal Act is amended—

(a) by omitting sub-section (1.) and inserting in its stead the following sub-section:—

(1.) The Judge may make Rules of Court, not inconsistent with this or any other Act or with any Ordinance—

(a) for regulating and prescribing—

(i) the practice and procedure, including the method of pleading, to be followed in the Supreme Court and in the offices of the Court; and

(ii) all matters and things incidental to or relating to any such practice and procedure or necessary or convenient to be prescribed for the conduct of any business of the Court; and

(b) for prescribing any matter or thing that is, by any law of the Territory that makes provision for the incorporation of, and otherwise in relation to, companies, required or permitted to be prescribed by regulation under that law.;

and

(b) by omitting sub-sections (3.) and (4.) and inserting in their stead the following sub-sections:—

(3.) All Rules of Court made under this section shall—

(a) be notified in the Gazette;

(b) take effect from the date of notification or from a later date fixed by or in accordance with the Rules; and

(c) be laid before each House of the Parliament within fifteen sitting days of that House after the making of the Rules.

(4.) If either House of the Parliament, in pursuance of a motion of which notice has been given within fifteen sitting days after any Rules of Court have been laid before that House, passes a resolution disallowing any rule, the rule so disallowed thereupon ceases to have effect.

(5.) Nothing in this section shall be construed as derogating from the power to make regulations conferred by any law of the Territory that makes provision for the incorporation of, and otherwise in relation to, companies, but where regulations made in pursuance of such a law are inconsistent with Rules of Court made under this Act, the Rules of Court shall prevail, and the regulations shall, to the extent of the inconsistency, be of no effect..

(2.) The Rules of Court in force under the Principal Act immediately before the commencement of this Act shall, after the commencement of this Act, be as valid and effectual as if made under the Principal Act as amended by this Act.

Powers and duties of Registrar.

10. Section 35 of the Principal Act is amended by adding at the end of sub-section (1.) the words and such other duties as are assigned to him by Rules of Court.

11. After section 35 of the Principal Act the following section is inserted:—

Proceedings before Registrar in relation to winding-up of companies.

35a.—(1.) The Supreme Court, in making an order for the winding-up of a company, may direct that all proceedings for and in relation to the winding-up shall be had and taken before the Registrar.

(2.) Where the Court gives a direction under the last preceding subsection in relation to the winding-up of a company—

(a) the Registrar has, in relation to the winding-up, all the powers of the Court;

(b) the Registrar may refer to the Court any matter in relation to the winding-up that he thinks proper to be determined by the Court; and

(c) an appeal lies to the Court from any order, decree or direction of the Registrar made or given in relation to the winding-up.

(3.) In this section, the Registrar does not include a Deputy Registrar..

Appeals from Supreme Court in civil cases.

12. Section 51 of the Principal Act is amended by inserting after subsection (1.) the following sub-section:—

(1a.) The High Court shall also have jurisdiction to hear and determine appeals from any judgment of the Supreme Court in a matter specified in sub-section (1.) of section eight aa of this Act..

Overview

The Australian Capital Territory Supreme Court Act 1968 was enacted to amend the Australian Capital Territory Supreme Court Act 1933-1966, introducing significant changes to the structure, jurisdiction, and operational procedures of the Supreme Court of the Australian Capital Territory. The Act was passed by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, and it came into effect upon receiving Royal Assent. The primary objective of the Act was to modernise and refine the appointment criteria for Judges, to delineate the jurisdiction of the Supreme Court more clearly, and to enhance the operational efficiency of the Court by establishing more precise rules for practice and procedure. The amendments also addressed the need for a more structured approach to the handling of cases involving legal practitioners and the winding-up of companies.

Scope and Application

The Australian Capital Territory Supreme Court Act 1968 amends the Australian Capital Territory Supreme Court Act 1933–1966. This Act applies to the appointment of judges, the exercise of jurisdiction, and the regulation of practice and procedure within the Supreme Court of the Australian Capital Territory. It applies to legal practitioners, companies, and any other persons or entities that are subject to the jurisdiction of the Court. The Act's jurisdictional reach extends to the Australian Capital Territory and does not explicitly state any exclusions or exemptions. The Act may be further extended or restricted through subordinate instruments such as rules of court and regulations.

Key Provisions

The Australian Capital Territory Supreme Court Act 1968 (Act) introduces several amendments to the Australian Capital Territory Supreme Court Act 1933-1966 (Principal Act). Section 4 of the Act revises the qualifications for a person to be appointed as a Judge of the Supreme Court. Specifically, the Governor-General may now appoint a person who is or has been a Judge of another court created by the Parliament or of a State, or a practising barrister, solicitor, or legal practitioner of the High Court or a Supreme Court of a State, the Australian Capital Territory, or another Territory of the Commonwealth, with at least five years of standing. Section 5 of the Act modifies the jurisdiction of the Supreme Court, specifying that certain matters must be heard by at least three Judges sitting together, including applications for admission to practice as a legal practitioner, matters relating to practising certificates, and issues of professional conduct or appeal from a Disciplinary Committee. The Judge of the Supreme Court, or the senior additional Judge if the primary Judge is unavailable, can arrange which additional Judges will sit in these cases. The Act also imposes several obligations on the parties and entities it governs. Section 8aa mandates that specified matters must be heard by a panel of at least three Judges, ensuring a higher level of scrutiny and decision-making in these areas. Section 9(1) of the Act empowers the Judge to make Rules of Court, subject to compliance with other laws and ordinances, to regulate practice and procedure, and to address matters incidental to Court business, including those related to company law. Additionally, section 35a allows the Supreme Court to delegate certain winding-up proceedings to the Registrar, who will then have the Court’s powers in that matter. Failure to comply with the provisions of the Act can result in civil or criminal consequences. For instance, if any Rules of Court made under section 9 are inconsistent with other regulations, the Rules of Court will prevail, and the conflicting regulations will be rendered ineffective to the extent of the inconsistency. Furthermore, section 12(4) stipulates that if the Judges are equally divided in their opinions on a matter that requires a decision by at least three Judges, the opinion of the primary Judge or, in his absence, the senior additional Judge, will prevail. While specific penalties for breaches of the Act are not detailed in the provided text, the consequences of non-compliance with court rules and decisions can include legal sanctions and the nullification of actions or decisions that do not conform to the established legal framework.

Legal classification tags

Area of Law
Courts & Judicial Process
Instrument
Act
Concepts
Commencement Provisions
Definitions & Interpretation
Repeal & Amendment
Jurisdiction
Rules of Court
Proceedings before Registrar

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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.