Judiciary Act 1966

Legislation au C1966A00055 Not in force Act

Legislation content

Judiciary

No. 55 of 1966

An Act to amend the Judiciary Act 1903–1965 in relation to Legal Practitioners and in relation to the Application of that Act in the Territories of the Commonwealth.

[Assented to 27 October 1966]

[Date of commencement, 24 November 1966]

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 Judiciary Act 1966.

(2.) The Judiciary Act 1903–1965 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Judiciary Act 1903–1966.

Parts.

2. Section 1a of the Principal Act is amended by inserting after the words—

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


the words—

“Part VIIIa.—Legal Practitioners (Sections 55a-55e).”.

3. Section 3a of the Principal Act is repealed and the following section inserted in its stead:—

Extension of certain provisions to Territories.

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

“(2.) In the provisions referred to in the last preceding sub-section—

(a) a reference to a Territory or the Territories includes a reference to the Territory of Nauru; and

(b) a reference to the Supreme Court of a Territory shall, in relation to the Territory of Nauru, be read as a reference to the Central Court of the Island of Nauru constituted by the Judge or an Acting Judge of that Court.”.

Repeal.

4. The heading appearing before section 49, and sections 49 and 50, of the Principal Act are repealed.

5.—(1.) After section 55 of the Principal Act the following Part is inserted:—

“Part VIIIa.—Legal Practitioners.

Right of barristers and solicitors admitted in federal courts to practise in those courts.

“55a. A person who has been admitted to practise as a barrister or solicitor, or as both, under rules made in pursuance of paragraph (ga) of section eighty-six of this Act is, subject to those rules, entitled to practise in any federal court as a barrister or solicitor, or as both, as the case may be.

Right of certain other persons to practise as barristers or solicitors in federal courts.

“55b.—(1.) Subject to this section, a person who—

(a) is for the time being entitled to practise as a barrister or solicitor, or as both, in the Supreme Court of a State; or

(b) is for the time being entitled, under a law (including this Act) in force in a Territory, to practise as…

Overview

The Judiciary Act 1966 was enacted to amend the Judiciary Act 1903-1965, addressing issues related to legal practitioners and the application of the Act in the territories of the Commonwealth. This legislation was enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary objective of the Act is to extend certain provisions of the Judiciary Act to all territories, including the Territory of Nauru, and to clarify the rights and privileges of legal practitioners, including Crown Solicitors, in relation to federal courts and territories. This Act introduces amendments to the existing framework by incorporating new provisions, such as the establishment of a Register of Practitioners, and extends the application of certain sections of the Judiciary Act to all territories.

Scope and Application

The Judiciary Act 1966 amends the Judiciary Act 1903–1965, introducing new provisions concerning legal practitioners and extending certain aspects of the Act to the territories. The Act applies to legal practitioners who have been admitted to practise in federal courts, state supreme courts, or territory supreme courts, as well as to the Crown Solicitor. It extends to all territories, including the Territory of Nauru, and modifies specific sections to encompass these jurisdictions. Notably, certain sections of the Act do not apply to practice in federal courts or to practice in the Territories of Papua, New Guinea, or Nauru. The Act mandates that a Register of Practitioners be maintained by the Principal Registrar of the High Court, which lists individuals entitled to practise as barristers or solicitors in federal courts. The High Court has the authority to remove or suspend practitioners from this register based on conduct. Additionally, the Crown Solicitor is granted the right to act as a solicitor in any court within each state or territory for various entities, including the Crown, the Commonwealth, and ministers, among others.

Key Provisions

  • The Judiciary Act 1966, which amends the Judiciary Act 1903–1965, introduces new provisions concerning legal practitioners and the extension of certain sections of the Act to territories. Section 3a extends the application of specific sections, including the newly inserted Part VIIIa, which covers legal practitioners, to all territories including the Territory of Nauru. The Act also modifies the Principal Act by repealing certain sections and inserting new ones, particularly relating to legal practitioners.
  • Legal practitioners are given rights to practice in federal courts and territories under the new provisions. Section 55a allows those admitted as barristers or solicitors under federal rules to practice in any federal court. Section 55b provides similar rights to practitioners admitted in state or territory supreme courts, subject to certain conditions for solicitors. The Principal Registrar of the High Court is tasked with maintaining a Register of Practitioners, as detailed in section 55c. This register determines who is entitled to practice in federal courts and mandates its update in cases of disqualification, suspension, or death. The High Court has the authority to remove or suspend practitioners from the register for misconduct.
  • Additionally, section 55d allows practitioners on the roll of the High Court or state/territory supreme courts to practice in any territory, provided their entitlement is not suspended elsewhere. The Supreme Court of a territory can suspend or disqualify practitioners for misconduct. Section 55e grants the Crown Solicitor the right to act as a solicitor for various entities, including the Crown, the Commonwealth, and others, with the entitlement to practice in any court and enjoy all rights and privileges of a solicitor.
  • The Act imposes specific obligations on legal practitioners and the Principal Registrar. Practitioners must meet the criteria to be included in the Register of Practitioners and adhere to the conditions for practice in federal courts and territories. The Principal Registrar must maintain accurate records in the Register, update them as necessary, and ensure compliance with the Act’s provisions.
  • Failure to comply with the Act’s provisions can lead to serious consequences. For instance, the High Court can strike off or suspend a practitioner's name from the Register for misconduct, and the Supreme Court of a territory can similarly suspend or disqualify practitioners. These actions can significantly impact a practitioner’s ability to practice law, underscoring the importance of adhering to the Act’s requirements.

Legal classification tags

Area of Law
Administrative Law
Civil Litigation & Procedure
Judiciary
Instrument
Amending Act
Concepts
Definitions & Interpretation
Repeal & Amendment
Transitional Provisions
Licensing & Registration
Reporting & Disclosure Obligations
Regulatory Standards
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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.