Judiciary Act 1959

Legislation au C1959A00050 Not in force Act

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JUDICIARY.

 

No. 50 of 1959.

An Act to amend the Judiciary Act 1903–1955.

[Assented to 22nd May, 1959.]

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.

1.—(1.) This Act may be cited as the Judiciary Act 1959.

(2.) The Judiciary Act 1903–1955 is in this Act referred to as the Principal Act.

Commencement.

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

3. Section one of the Principal Act is repealed and the following sections are inserted in its stead:—

Short title.

“1. This Act may be cited as the Judiciary Act 1903–1959.


Parts.

“1a. This Act is divided into Parts, as follows:—

Part I.—Preliminary (Sections 1–3a).

Part II.—Constitution and Seat of the High Court (Sections 4–14).

Part III.—Jurisdiction and Powers of the High Court Generally (Sections 15–29).

Part IV.—Original Jurisdiction of the High Court (Sections 30–33a).

Part V.—Appellate Jurisdiction of the High Court (Sections 34–37).

Part VI.—Exclusive and Invested Jurisdiction (Sections 38–39).

Part VII.—Removal of Causes (Sections 40–46).

Part VIII.—Members and Officers of the High Court (Sections 47–55).

Part IX.—Suits by and against the Commonwealth and the States (Sections 56–67).

Part X.—Criminal Jurisdiction (Sections 68–77).

Part XI.—Supplementary Provisions (Sections 78–87).”.

Definitions.

4. Section two of the Principal Act is amended by adding at the end thereof the following definition:—

“ ‘Territory’ means a Territory of the Commonwealth.”.

5. After section three of the Principal Act the following section is inserted in Part I.:—

Extension of certain provisions of Act to Territories.

“3a.—(1.) Without prejudice to the application of this Act in a Territory forming part of the Commonwealth, sections forty-nine, fifty, fifty-six, sixty-one and sixty-three to sixty-seven (inclusive) and Part XI. of this Act extend to all the Territories.

“(2.) A reference in this Act to the Supreme Court of a Territory shall, in relation to Norfolk Island, be read as including a reference to the Court of Norfolk Island sitting in its Full Jurisdiction.”.

Registries.

6. Section eleven of the Principal Act is amended by omitting from sub-section (2a.) the words “Territory for the Seat of Government” and inserting in their stead the words “Australian Capital Territory”.

Barristers and solicitors.

7. Section forty-nine of the Principal Act is amended by omitting from sub-section (1.) the words “under the control of the Commonwealth”.


Crown Solicitor entitled to rights and privileges of a solicitor in every State and Territory.

Cf. U.K. 37 and 38 Vict., c. 68, s. 12.

8. Section fifty of the Principal Act is amended by inserting after the word “State” (wherever occurring) the words “or Territory”.

Suits against the Commonwealth.

9. Section fifty-six of the Principal Act is amended by inserting after the word “State” the words “or Territory”.

10. After section eighty of the Principal Act the following section is inserted:—

Application of sections 79 and 80 to Territory courts.

“80a. The provisions of the last two preceding sections apply, in so far as they are capable of application, to and in relation to the Supreme Court of a Territory exercising jurisdiction by virtue of section fifty-six of this Act and for that purpose references in the last two preceding sections to a State shall be read as references to a Territory.”.

Security of the peace and for good behaviour.

U.S. 727.

11. Section eighty-one of the Principal Act is amended by inserting after the word “States” (wherever occurring) the words “and Territories”.

Venue in suits for penalties.

U.S. 732.

12. Section eighty-two of the Principal Act is amended—

(a) by omitting the words “part of the Commonwealth” and inserting in their stead the word “Territory”; and

(b) by omitting the word “part” (second occurring) and inserting in its stead the word “Territory”.

Venue in suits for taxes.

U.S. 733.

13. Section eighty-three of the Principal Act is amended—

(a) by omitting the words “part of the Commonwealth” and inserting in their stead the word “Territory”; and

(b) by omitting the word “part” (second occurring) and inserting in its stead the word “Territory”.

Venue in suits for forfeiture.

U.S. 734.

14. Section eighty-four of the Principal Act is amended—

(a) by inserting after the word “State” (first occurring) the words “or Territory”;

(b) by omitting the words “part of the Commonwealth” and inserting in their stead the word “Territory”; and

(c) by omitting the word “part” (second occurring) and inserting in its stead the word “Territory”.

Rules of Court.

15. Section eighty-six of the Principal Act is amended—

(a) by omitting paragraph (g); and

(b) by omitting from paragraph (h) all the words after the words “High Court”.

Overview

The Judiciary Act 1959 was enacted by the Australian Parliament to amend the Judiciary Act 1903–1955, addressing the need to update and refine the legislative framework governing the judiciary, particularly in relation to the territories. This Act effectively modernised and expanded the scope of the Judiciary Act to ensure that it covered all territories of the Commonwealth. One of the significant objectives of this Act was to ensure that certain provisions of the Judiciary Act applied uniformly across all territories, thereby promoting consistency in the administration of justice. The Act achieved this by extending the application of specific sections to all territories and making necessary amendments to definitions and references within the text. The Judiciary Act 1959 introduced a more inclusive approach by incorporating territories into the judicial framework, ensuring that the provisions of the Act were applicable beyond the states to include Norfolk Island and other territories. This legislative change aimed to provide a more cohesive and comprehensive judicial system that could cater to the diverse legal needs of the entire Commonwealth, enhancing the efficiency and uniformity of judicial processes across all jurisdictions.

Scope and Application

The Judiciary Act 1959, as an amendment to the Judiciary Act 1903–1955, applies to the Commonwealth of Australia, including its territories, and aims to refine the jurisdictional and procedural aspects of the federal judiciary. This Act extends to all territories by specifically mentioning certain sections that apply to territories, ensuring that the provisions regarding the High Court's jurisdiction and the conduct of suits against the Commonwealth are uniformly applicable across the nation. The Act also extends to include references to the Norfolk Island Court when relevant. Notably, the Crown Solicitor's rights and privileges are extended to all states and territories, and the Act's provisions regarding security of the peace and for good behaviour, venue in suits, and rules of court are similarly extended to territories. The Act, through subordinate instruments, may further specify the application of these provisions, ensuring a consistent application of judicial processes across all jurisdictions within Australia.

Key Provisions

The Judiciary Act 1959 introduces several significant amendments to the Judiciary Act 1903–1955. Firstly, it establishes a new structure for the Act, dividing it into distinct parts for clarity (Section 3a). This reorganisation aims to make the legislation more accessible and easier to navigate. Secondly, it extends the application of certain sections to all territories, ensuring that the provisions of the Act are uniformly applicable across all jurisdictions within the Commonwealth (Section 3a(1)). Moreover, it introduces a new definition for the term "Territory" to clarify its scope within the Act (Section 4). Additionally, the Act amends the term "Seat of Government" to "Australian Capital Territory" in section eleven, aligning the terminology with contemporary usage (Section 6). The Act imposes several obligations and requirements on the parties and entities it governs. For instance, it mandates that the Crown Solicitor be granted the same rights and privileges as solicitors in every state and territory (Section 50). This ensures consistency in legal representation and procedural fairness across all jurisdictions. Furthermore, it requires suits against the Commonwealth to be filed in the relevant territory courts, thereby establishing a clear procedural framework for such actions (Section 56). The Act also extends the application of certain provisions to the Supreme Courts of territories, ensuring that these courts operate under the same legal principles as those in the states (Section 80a). Breach of the provisions outlined in the Judiciary Act 1959 can result in various civil and criminal consequences. Although the Act does not explicitly state penalties for non-compliance, it is understood that violations could lead to legal actions under existing legislation. For instance, failure to adhere to the jurisdictional requirements could result in the dismissal of cases on procedural grounds, potentially leading to significant legal and financial repercussions for the parties involved. Additionally, the Act's emphasis on uniformity and consistency suggests that any non-compliance could undermine the integrity of the judicial process, leading to broader legal consequences.

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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.