Commonwealth Consolidated Acts

JUDICIARY ACT 1903

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      Short title [see Note 1]  
   2.      Interpretation  
   3A.     Extension to Territories  

   PART III--JURISDICTION AND POWERS OF THE HIGH COURT GENERALLY

           Division 1--Exercise of jurisdiction

   15.     Exercise of jurisdiction  

           Division 2--Jurisdiction of single Justice

   16.     Jurisdiction in Chambers  
   17.     State Supreme Courts invested with jurisdiction in Chambers  
   18.     Reference to Full Court  

           Division 3--Full Court

   19.     Quorum of a Full Court  
   20.     Appeals from Judges of federal jurisdiction  
   21.     Applications for special leave to appeal to High Court  
   22.     Quorum for granting leave to appeal to the Queen in Council or to High Court  
   23.     Decision in case of difference of opinion  

           Division 4--Enforcement of process

   24.     Contempt  
   25.     Powers of court to extend to whole Commonwealth  

           Division 4A--Summary judgment

   25A.    Summary judgment  

           Division 5--Costs

   26.     Costs  
   27.     No appeal as to costs  

           Division 6--Defendants

   28.     Non-appearance of some defendants  
   29.     Absent defendants  

   PART IV--ORIGINAL JURISDICTION OF THE HIGH COURT

   30.     Original jurisdiction conferred  
   31.     Judgment and execution  
   32.     Complete relief to be granted  
   33.     Mandamus Prohibition Ouster of office  
   33A.    Awards may be made Rules of Court  

   PART V--APPELLATE JURISDICTION OF THE HIGH COURT

           Division 1--Appeals

   34.     Appeals from Justices of High Court  
   35.     Appeal from courts of States  
   35AA.   Appeals from Supreme Court of a Territory  
   35A.    Criteria for granting special leave to appeal  

           Division 2--Power of Court

   36.     New Trials  
   37.     Form of judgment on appeal  

   PART VI--EXCLUSIVE AND INVESTED JURISDICTION

   38.     Matters in which jurisdiction of High Court exclusive  
   39.     Federal jurisdiction of State Courts in other matters  
   39A.    Federal jurisdiction invested in State Courts by other provisions  
   39B.    Original jurisdiction of Federal Court of Australia  

   PART VII--REMOVAL OF CAUSES

   40.     Removal by order of the High Court  
   41.     Proceedings after removal  
   42.     Remittal of causes  
   43.     Effect of interlocutory orders etc. before removal of cause  
   44.     Remittal of matters by High Court to other courts  
   45.     Defence in causes removed to High Court  

   PART VIII--ENFORCEMENT OF CERTAIN ORDERS CONCERNING COURT PROCEEDINGS

   46.     Interpretation  
   47.     Application  
   48.     Crown to be bound  
   49.     Contravention of order to constitute contempt  
   50.     Reports  
   51.     Application of this Part  

   PART VIIIA--LEGAL PRACTITIONERS

   55A.    Right of barristers and solicitors admitted in federal courts to practise in those courts  
   55B.    Right to practise as barrister or solicitor in federal courts and courts exercising federal jurisdiction  
   55C.    Register of Practitioners  
   55D.    Right to practise as barrister or solicitor in Territories  
   55E.    Attorney-General's lawyers  
   55F.    Attorney-General's lawyer may act for more than one party  
   55G.    Commonwealth may charge for services of Attorney-General's lawyer  
   55H.    Lawyers employed by a State, the Australian Capital Territory or the Northern Territory  

   PART VIIIB--THE AUSTRALIAN GOVERNMENT SOLICITOR

           Division 1--Definitions

   55I.    Definitions  

           Division 2--Establishment and functions of the Australian Government Solicitor

   55J.    Establishment of the Australian Government Solicitor  
   55K.    Functions  
   55L.    Powers  
   55M.    Constitution  
   55N.    Persons and bodies for whom the AGS may provide services  
   55P.    AGS may charge for services  

           Division 3--Capacity of AGS and AGS lawyers to act

   55Q.    AGS lawyers  
   55R.    AGS may act for more than one party  

           Division 4--Appointment and terms and conditions of CEO and staff

   55S.    Chief Executive Officer of the AGS  
   55T.    Appointment of CEO  
   55U.    Terms and conditions of appointment  
   55V.    Resignation  
   55W.    Termination of CEO's appointment  
   55X.    CEO must disclose interests  
   55Y.    Outside employment  
   55Z.    Acting CEO  
   55ZA.   Delegation  
   55ZB.   Staff and consultants  

           Division 5--Money

   55ZC.   Exemption from State and Territory taxation  
   55ZD.   AGS must make tax-equivalent payments to the Commonwealth  
   55ZE.   Corporate governance requirements  

   PART VIIIC--ATTORNEY-GENERAL'S LEGAL SERVICES DIRECTIONS

   55ZF.   Attorney-General may issue directions  
   55ZG.   Compliance with Legal Services Directions  
   55ZH.   Legal Services Directions and legal professional privilege  
   55ZI.   Anything done under Legal Services Directions not actionable  

   PART IX--SUITS BY AND AGAINST THE COMMONWEALTH AND THE STATES

   56.     Suits against the Commonwealth  
   57.     Suits by a State against the Commonwealth  
   58.     Suits against a State in matters of federal jurisdiction  
   59.     Suits between States  
   60.     Injunction against a State and its officers  
   61.     Suits by Commonwealth  
   62.     Suits by a State  
   63.     Service of process when Commonwealth or State is party  
   64.     Rights of parties  
   65.     No execution against Commonwealth or a State  
   66.     Performance by Commonwealth or State  
   67.     Execution by Commonwealth or State  

   PART IXA--SUITS RELATING TO THE

   67A.    Interpretation  
   67B.    Suits between Commonwealth and Northern Territory  
   67C.    Jurisdiction of Supreme Court of Territory  
   67D.    Prosecution of indictable offences in Supreme Court of Territory  
   67E.    No execution against Territory  
   67F.    Effect of this Part  

   PART X--CRIMINAL JURISDICTION

           Division 1--Application of laws

   68.     Jurisdiction of State and Territory courts in criminal cases  

           Division 2--Indictable offences

   69.     Indictments  
   70.     Offences committed in several States  
   70A.    Indictable offence not committed in a State  
   71.     Discharge of persons committed for trial  
   71A.    Trial of indictable offence without preliminary examination  

           Division 3--Appeals

   72.     Reservation of points of law  
   73.     Hearing  
   74.     Effect of order of Full Court  
   75.     Certain errors not to avoid conviction  
   76.     Appeal from arrest of judgment  
   77.     No other appeal  

   PART XA--PROCEDURE OF THE HIGH COURT

           Division 1--Trials

   77A.    Trial without jury  
   77B.    Power of High Court to direct trial with jury  
   77C.    Trial of an issue and new trials  
   77D.    Juries  

           Division 2--Evidence

   77E.    Production of books  
   77F.    Oaths and affirmations  
   77G.    Orders and commissions for examination of witnesses  
   77H.    Oral and affidavit evidence  

           Division 3--Defects and errors

   77J.    Amendment  
   77K.    Formal defects not to invalidate  

           Division 4--Reserved judgments

   77L.    Reserved judgments  

           Division 5--Judgment and execution

   77M.    Enforcement of judgments  
   77MA.   Interest up to judgment  
   77N.    Interest on judgment debts  
   77P.    Interpleader  
   77Q.    Discharge of property taken in execution  

           Division 6--Receivers and managers

   77R.    Receivers and managers  

   PART XB--APPEALS TO THE HIGH COURT

           Division 1--Security

   77S.    Security  

           Division 2--Procedure

   77T.    Institution of appeals  
   77U.    Stay of proceedings  
   77V.    Death of party to an appeal  

   PART XI--SUPPLEMENTARY PROVISIONS

           Division 1--Appearance of Parties

   78.     Appearance of parties  

           Division 1A--Provisions relating to Constitutional matters

   78AA.   State includes Australian Capital Territory and Northern Territory  
   78A.    Intervention by Attorneys-General  
   78B.    Notice to Attorneys-General  

           Division 2--Application of laws

   79.     State or Territory laws to govern where applicable  
   80.     Common law to govern  
   80A.    Application of sections 79 and 80 to Territory courts  
   81.     Security of the peace and for good behaviour  

           Division 3--Venue

   82.     Venue in suits for penalties  
   83.     Venue in suits for taxes  
   84.     Venue in suits for forfeiture  
   85.     Property seized as forfeited  

           Division 4--Rules of Court

   86.     Rules of Court  
   88.     Regulations  
           SCHEDULE