Northern Territory Supreme Court Act 1975

Legislation au C2004A01394 Not in force Act

Legislation content

NORTHERN TERRITORY SUPREME COURT

ACT 1975

No. 84 of 1975

An Act to amend the Northern Territory Supreme Court Act 1961-1973.

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows: —

Short title and citation.

1. (1) This Act may be cited as the Northern Territory Supreme Court Act 1975.

(2) The Northern Territory Supreme Court Act 1961-1973 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 1961-1975.

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 by omitting the definition of “the Territory” and substituting the following definition:—

“‘the Territory’ means the Northern Territory, and includes the Territory of Ashmore and Cartier Islands.’’.

Sittings of the Supreme Court.

4. Section 12 of the Principal Act is amended by omitting from sub-section (2) the words “the Judge” and substituting the words “a Judge”.

Exercise of jurisdiction.

5. Section 13 of the Principal Act is amended—

(a) by omitting sub-sections (1), (2), (3) and (4) and substituting the following sub-sections:—

“(1) Subject to sub-section (5) of this section and to sections 13A and 13b, the jurisdiction of the Supreme Court is exercisable by one Judge, sitting in Court, or, as provided by section 14, sitting in Chambers.

“(2) The senior Judge may, from time to time, make arrangements with respect to the allocation of Judges for the exercise of the jurisdiction of the Court that is exercisable in accordance with sub-section (1).”; and

(b) by inserting in sub-section (5), after the word “Court” (second occurring), the words “that is exercisable in accordance with sub-section (1)”.

6. After section 13 of the Principal Act the following sections are inserted:—

Exercise of jurisdiction in relation to legal practitioners.

“13a. (1) The jurisdiction of the Supreme Court in any matter relating to the professional behaviour or conduct of a legal practitioner, being a matter arising under a law of the Territory relating to legal practitioners, shall, subject to section 14, be exercised by not less than 3 Judges sitting together in Court.

“(2) The senior Judge may, from time to time, make arrangements with respect to the allocation of Judges for the exercise of the jurisdiction of the Court that is exercisable in accordance with sub-section (1).

Power of Judge to order that jurisdiction in a matter be exercised by not less than 3 Judges.

“13b. (1) This section applies in relation to matters in which, but for this section, the jurisdiction of the Court would be exercisable by one Judge.

“(2) At any time before the commencement of the hearing of a matter in relation to which this section applies, a Judge may order that the jurisdiction of the Supreme Court in that matter shall be exercised by not less than 3 Judges.

“(3) At any time after the commencement of the hearing of a matter in relation to which this section applies, the Judge hearing the matter may order that the jurisdiction of the Supreme Court in that matter shall be exercised by not less than 3 Judges.

“(4) Where an order has been made under sub-section (2) or (3) in relation to a matter—

(a) the jurisdiction of the Court in that matter shall, subject to section 14, be exercised by not less than 3 Judges sitting together in Court;

(b) the senior Judge shall make arrangements as to which Judges are to exercise the jurisdiction of the Court in that matter; and

(c) the Court may give such directions as it thinks proper as to the procedure to be followed in the further conduct of the proceedings, including, in a case where evidence was received before the making of the order, directions as to the use (if any) to be made of that evidence.

Exercise of jurisdiction by one or more Judges does not prevent exercise of jurisdiction by one or more other Judges.

“13c. The Court constituted by one or more Judges may sit and exercise the jurisdiction of the Court in accordance with this Act notwithstanding that the Court constituted by one or more other Judges is at the same time sitting and exercising the jurisdiction of the Court.

Manner in which question to be decided whether jurisdiction exercised by 3 or more Judges.

“13d. If 3 or more Judges sitting together in accordance with section 13a or 13b 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—

(a) where a Judge appointed under sub-section (1) of section 7 is, or Judges appointed under that sub-section are, so sitting, the opinion of that Judge or of the senior of them, as the case may be, shall prevail; or

(b) where no such Judge is so sitting, the opinion of the senior additional Judge present shall prevail. ”.

Jurisdiction in Chambers.

7. Section 14 of the Principal Act is amended by omitting paragraph (a) and substituting the following paragraph:—

“(a) in matters in which jurisdiction is, by this Act, expressed to be exercisable by the Supreme Court or a Judge or by the Court or a Judge;”.

Appeals from Supreme Court in civil cases.

8. Section 46 of the Principal Act is amended by inserting after sub-section (1) the following sub-section:—

“(1a) The High Court also has jurisdiction to hear and determine appeals from any judgment of the Supreme Court in a matter specified in sub-section (1) of section 13a.”.

Appeal from Supreme Court in criminal cases.

9. Section 47 of the Principal Act is amended by inserting after sub-section (1) the following sub-section:—

“(1a) For the purposes of sub-section (1), a person who, although he has not been convicted on indictment before the Supreme Court, has been sentenced or otherwise dealt with by the Supreme Court in respect of an indictable offence shall be deemed to be a person convicted on indictment before that Court.

Indictable offences.

10. Section 51 of the Principal Act is amended by adding at the end thereof the following sub-sections:—

“(8) Where a person is required to appear before the Supreme Court, or has appeared before the Supreme Court, at a particular place for trial or sentence upon a charge for an indictable offence, the Supreme Court or a Judge may, at any time, upon good cause shown—

(a) order that the trial be had or continued, or that the person appear for sentence, before the Supreme Court at another place, being a place at which the Supreme Court is empowered to sit; and

(b) make such further other orders, including orders as to bail and recognizances, as it or he considers necessary in the circumstances.

“(9) When an application for an order under sub-section (8) is made to a Judge sitting in Chambers, evidence may be given orally or by affidavit.”.

Additional amendments.

11. The Principal Act is amended as set out in the Schedule to this Act.

 

________

 

SCHEDULE Section 11

ADDITIONAL AMENDMENTS

The following provisions of the Principal Act are amended by omitting the words “the Commonwealth” (wherever occurring) and substituting the word “Australia”:—

Section 12(1) and (2), section 15(1)(c), section 39(a), section 40(2), section 49, section 51(1) and section 53.

 

Overview

The Northern Territory Supreme Court Act 1975 was enacted by the Parliament of Australia to amend the Northern Territory Supreme Court Act 1961-1973. The 1975 Act aimed to address certain gaps and refine the administration of justice within the Northern Territory, including the expansion of the court’s territorial jurisdiction to include the Ashmore and Cartier Islands. This Act also introduced provisions for the exercise of the Supreme Court's jurisdiction, including allowing for matters relating to the professional conduct of legal practitioners to be heard by a panel of at least three judges. Furthermore, it provided mechanisms for cases to be heard by an increased number of judges if deemed necessary, ensuring a more robust and comprehensive judicial process. The policy objective was to enhance the efficiency and integrity of the judicial system within the Northern Territory.

Scope and Application

The Northern Territory Supreme Court Act 1975 applies to the Northern Territory Supreme Court, which has jurisdiction over legal matters within the Northern Territory, including the Territory of Ashmore and Cartier Islands. This Act outlines the procedural and jurisdictional frameworks for the Supreme Court, including how its jurisdiction is exercised, with particular emphasis on matters related to legal practitioners' professional behaviour or conduct. In such cases, the Act mandates that the jurisdiction must be exercised by at least three judges sitting together in Court. The Act also grants a judge the authority to order that the jurisdiction in a matter be exercised by at least three judges, either before or after the commencement of the hearing. The Act further clarifies that the exercise of jurisdiction by one or more judges does not prevent other judges from simultaneously exercising the Court's jurisdiction. Additionally, the Act provides for appeals to the High Court from judgments of the Supreme Court in specified matters, including those related to the professional conduct of legal practitioners. The amendments made by this Act extend to various sections of the Principal Act, modifying references from "the Commonwealth" to "Australia" where applicable.

Key Provisions

The Northern Territory Supreme Court Act 1975 (the "Act") introduces several key amendments to the Northern Territory Supreme Court Act 1961-1973 (the "Principal Act"). The Act modifies the definition of "the Territory" to include the Territory of Ashmore and Cartier Islands (Section 3). It also changes the wording from "the Judge" to "a Judge" in the context of sittings of the Supreme Court (Section 4). Most notably, the Act revises the exercise of jurisdiction by the Supreme Court, now allowing jurisdiction to be exercised by one Judge or a panel of Judges as specified by the senior Judge (Section 5). For matters concerning the professional behaviour or conduct of legal practitioners, the jurisdiction must be exercised by at least three Judges (Section 13a). Additionally, a Judge may order that any matter be heard by at least three Judges, even if it initially falls under the jurisdiction of one Judge (Section 13b). The Act imposes specific obligations on the parties and entities it governs. For instance, the senior Judge is tasked with making arrangements for the allocation of Judges to exercise the Court's jurisdiction (Section 5(2) and Section 13a(2)). Moreover, the Act provides that the Supreme Court can be constituted by one or more Judges, even if another panel of Judges is simultaneously exercising jurisdiction (Section 13c). In cases where three or more Judges are divided in opinion, the majority opinion prevails; if opinions are equally divided, the opinion of the Judge appointed under section 7 of the Principal Act or the senior additional Judge present shall prevail (Section 13d). There are also provisions addressing the consequences of breaching the Act. For example, the Act allows the Supreme Court to transfer the trial or sentencing of an indictable offence to another location if there is good cause (Section 10(8)). Failure to comply with the Act's provisions could result in legal challenges and potential consequences depending on the specific context of the breach. The High Court is granted jurisdiction to hear appeals from judgments of the Supreme Court in matters relating to the professional conduct of legal practitioners (Section 8(1a)). For criminal cases, a person who has been sentenced or dealt with by the Supreme Court for an indictable offence is deemed to be a person convicted on indictment (Section 9(1a)). These provisions ensure that the judicial process remains flexible and can adapt to the needs of justice.

Legal classification tags

Area of Law
Administrative Law
Courts & Procedure
Instrument
Amending Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Jurisdiction
Enforcement Powers

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.