Northern Territory Supreme Court Act 1971

Legislation au C1971A00099 Not in force Act

Legislation content

Northern Territory Supreme Court

No. 99 of 1971

An Act relating to the Supreme Court of the Northern Territory of Australia.

[Assented to 17 November 1971]

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 Northern Territory Supreme Court Act 1971.

(2.) The Northern Territory Supreme Court Act 1961–1969 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Northern Territory Supreme Court Act 1961–1971.

Commencement.

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

Appointment and tenure of Judges and additional Judges.

3.—(1.) Section 7 of the Principal Act is amended by adding at the end thereof the following sub-sections:—

“(4.) A Judge appointed under sub-section (1.) of this section ceases to hold office upon his attaining the age of seventy years.

“(5.) An additional Judge ceases to hold office if he no longer holds office as a Judge (other than an additional Judge) of another court created by the Parliament.

“(6.) A Judge may be removed from office by the Governor-General, on an address from both Houses of the Parliament in the same session praying for his removal on the ground of proved misbehavior or incapacity, but shall not otherwise be removed from office.

“(7.) A Judge may, by writing under his hand delivered to the Governor-General, resign his office.”.

(2.) Sub-sections (4.) to (7.), inclusive, of section 7 of the Principal Act as amended by this Act apply in relation to Judges who were appointed before, or are appointed after, the commencement of this Act.


Exercise of jurisdiction.

4. Section 13 of the Principal Act is amended by adding at the end thereof the following sub-sections:—

“(5.) Provision may be made by Rules of Court for the jurisdiction of the Court to be exercisable by the Master in such cases, and subject to such conditions, as are specified in the Rules of Court and, for the purposes of the exercise of jurisdiction by the Master in such a case, this Act has effect, subject to this section, as if the Court consisted of the Judge or Judges and the Master.

“(6.) A person dissatisfied with an order made by the Master in the exercise of jurisdiction conferred upon him by Rules of Court in accordance with the last preceding sub-section may appeal, as prescribed by Rules of Court, to the Court constituted by one Judge.

“(7.) On an appeal under the last succeeding sub-section, the Court may affirm, vary or set aside the order of the Master and may make such order as in all the circumstances it thinks just.

“(8.) In this section, ‘the Master’ does not include a Deputy Master of the Supreme Court.”.

Appointment of officers.

5. Section 31 of the Principal Act is amended by inserting in sub-section (2.), after the words “Subject to”, the words “this Act and to”.

6. Sections 36 and 37 of the Principal Act are repealed and the following sections inserted in their stead:—

Manner of giving evidence.

“36. Except as otherwise provided by this Act or by any other law in force in the Territory, or unless in any suit the parties agree to the contrary, evidence in any matter shall be given orally in open court.

Evidence by affidavit.

“37.—(1.) On the hearing of any matter, evidence may be given by affidavit of the service of any document incidental to the proceedings in the matter or of the signature of a party to the matter, or of his solicitor, to such a document.

“(2.) On or before the hearing of a civil matter, the Supreme Court or a Judge may, for sufficient reason, order that all or a part of the evidence in the matter, being evidence that but for the order would be required to be given orally in open court, may be given by affidavit.

“(3.) An order under the last preceding sub-section may be made subject to such conditions as the Supreme Court or Judge thinks just.

“(4.) The conditions referred to in the last preceding sub-section may include a condition that copies of an affidavit by which any evidence is given be served on a party or parties to the matter and a condition that a person whose evidence is given by affidavit attend at the hearing for cross examination.”.


Rules of Court.

7.—(1.) Section 55 of the Principal Act is amended—

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

“(1.) The senior 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 this Act, required or permitted to be prescribed by Rules of Court.”;

(b) by inserting in paragraph (a) of sub-section (2.), after the word “served”, the words “and executed”; and

(c) by omitting sub-sections (3.) to (5.), inclusive, and inserting in their stead the following sub-sections:—

“(3.) Where Rules of Court are made in pursuance of this section—

(a) notice of the making of the Rules shall be published in the Government Gazette of the Territory;

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

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

“(4.) After 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.) Where—

(a) a rule is disallowed under this section; and

(b) the rule amended or revoked a rule that was in force immediately before the first-mentioned rule came into operation,

the disallowance revives the previous rule on and after the date of the disallowance.”.

(2.) Notwithstanding the amendments made by the last preceding sub-section, the Rules of Court in force under section 55 of the Principal Act immediately before the commencement of this Act continue in force but may be amended or revoked by Rules of Court made under section 55 of the Principal Act as amended by this Act.

Overview

The Northern Territory Supreme Court Act 1971 was enacted to address the need for amendments to the existing legislative framework governing the Supreme Court of the Northern Territory of Australia. This Act was enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, and it came into operation on the day it received Royal Assent. The primary purpose of the Act is to introduce changes to the appointment, tenure, and removal of Judges, as well as to the exercise of jurisdiction by the Master, the manner of giving evidence, and the procedures for making Rules of Court. These amendments aim to improve the efficiency and administration of justice within the Supreme Court of the Northern Territory. The policy objective of the Northern Territory Supreme Court Act 1971 is to ensure that the court operates in a manner that is both fair and efficient, while also providing clear guidelines for the appointment, tenure, and removal of Judges. Furthermore, the Act aims to streamline the procedures for giving evidence and making Rules of Court, which will help to reduce delays and improve the overall administration of justice within the Northern Territory. By addressing these areas, the Act seeks to enhance the effectiveness and credibility of the Supreme Court of the Northern Territory, ultimately contributing to the rule of law and the fair administration of justice within the Territory.

Scope and Application

The Northern Territory Supreme Court Act 1971 pertains to the Supreme Court of the Northern Territory of Australia and governs the appointment, tenure, and removal of judges, as well as the exercise of jurisdiction, appointment of officers, and the making of Rules of Court. The Act applies to individuals serving as judges and additional judges of the Northern Territory Supreme Court, as well as to the Master of the Supreme Court, who is excluded from the definition of the Master in this context. The Act operates within the jurisdiction of the Northern Territory and does not extend beyond it. The provisions of the Act may be extended or restricted through the creation of subordinate instruments such as Rules of Court, which are subject to disallowance by either House of the Parliament. The Act does not provide for any exclusions, exemptions, or thresholds, and applies to all judges and officers of the Supreme Court of the Northern Territory. The Act also includes provisions for the appointment and tenure of judges and additional judges, with judges ceasing to hold office upon reaching the age of seventy years, and additional judges ceasing to hold office if they no longer hold office as a judge of another court created by the Parliament. The Act provides for the removal of judges by the Governor-General on an address from both Houses of the Parliament, and allows for resignation by the delivery of a written resignation to the Governor-General. The exercise of jurisdiction by the Master is governed by Rules of Court, and evidence in any matter must be given orally in open court unless otherwise provided by the Act or other law, or by agreement of the parties. The Act also provides for the giving of evidence by affidavit and the making of Rules of Court by the senior Judge, which are subject to disallowance by either House of the Parliament.

Key Provisions

The Northern Territory Supreme Court Act 1971 (sections 3 and 4) introduces significant changes to the appointment and tenure of judges, as well as the exercise of jurisdiction. Section 3 amends the Principal Act to include new sub-sections that specify the age at which a judge ceases to hold office, conditions for additional judges, and procedures for removal and resignation. Section 4 further amends the Principal Act to allow for the Master's jurisdiction to be exercised under specified conditions, and establishes an appeal process for decisions made by the Master. The Act imposes specific obligations on judges and additional judges, such as ceasing to hold office upon reaching the age of seventy (section 3(4)) and ceasing to hold office if no longer serving as a judge of another court (section 3(5)). Additionally, it provides mechanisms for the removal of judges based on misbehaviour or incapacity, requiring an address from both Houses of Parliament (section 3(6)), and allows for resignation by written notice to the Governor-General (section 3(7)). For the exercise of jurisdiction, the Act mandates that evidence be given orally in open court unless otherwise specified by law or agreed by the parties (section 36) and allows for evidence to be given by affidavit under certain conditions (section 37). The Act also includes provisions for potential breaches and their consequences. While the Act itself does not specify offences or penalties, it establishes a framework for the disallowance of Rules of Court by either House of Parliament. If a rule is disallowed, it ceases to have effect, and if the disallowed rule amended or revoked a previous rule, the previous rule is revived from the date of disallowance (section 55(4) and (5)). This legislative framework ensures that any Rules of Court made under the Act are subject to parliamentary scrutiny and control.

Legal classification tags

Area of Law
Administrative Law
Judicial Law
Instrument
Act
Concepts
Commencement Provisions
Appointment and tenure of Judges and additional Judges
Rules of Court
Evidence by affidavit
Delegated & Subordinate Legislation

Interactions

Authorises

All Versions

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.