New South Wales Consolidated Acts

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SUPREME COURT ACT 1970

- As at 8 June 2017
- Act 52 of 1970

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY
   Division 1 - General

   1.      Name of Act
   2.      Commencement
   3.      The Crown
   4.      (Repealed)
   5.      Repeals
   6.      Inconsistency with rules
   7.      (Repealed)
   8.      Construction of references
   9.      Non-revivor
           Division 2 - Abolition of certain matters
   10.     (Repealed)
   11.     Distinction between court and chambers
   12.     Quo warranto
           Division 3 - Transition
   13.     Judges
   14.     Masters
   15.     Registrars and other officers
   16.     Pending proceedings
           Division 4 - Savings
   17.     Criminal proceedings
   18.     Appeal to Privy Council
           Division 5 - Interpretation
   19.     Definitions generally
           20, 21. (Repealed)
   21A.    Construction of references to Divorce Division

   PART 2 - THE COURT
   Division 1 - Continuance and jurisdiction

   22.     Continuance
   23.     Jurisdiction generally
   24.     Court to have powers of Judges etc
           Division 2 - The Judges generally
   25.     Composition of Court
   26.     Appointment and qualifications: Chief Justice and other Judges
   27.     Chief Judges
   28.     List Judges
   28A.    Special provisions as to Chief Judges who are not Judges of Appeal
   29.     Remuneration
   30.     Interest in rate or tax
           Division 3 - Judges of Appeal
   31.     Appointment
   32.     Appointment of President
   33.     Seniority
   34.     Vacancies
           Division 4 - Acting and additional appointments
   35.     Acting Chief Justice
   36.     Additional Judges of Appeal
   37.     Acting Judges
   37A.    Certain Chief Judges of other courts may act as additional Judges of Appeal
   37B.    Land and Environment Court Judges may act as Supreme Court Judges
   37C.    (Repealed)
           Division 5 - Organisation
   38.     Divisions of Court
   39.     Intra-curial arrangements
   40.     Single Judge to constitute the Court
   41.     Judges in the Divisions
           Division 6 - The Court of Appeal
   42.     Composition
   43.     Sittings
   43A.    Multiple sittings
   44.     Jurisdiction
   45.     Appeals
   45AA.   Continuation of appeal if one or more Judges unable to continue
   45A.    Judgment of Court of Appeal may be delivered by single Judge of Appeal
   46.     Powers of Judge of Appeal
   46A.    Certain appeals may be heard by 2 Judges of Appeal
   46B.    Certain other matters may be heard by 2 Judges

   PART 3 - DISTRIBUTION OF BUSINESS
   Division 1 - Distribution between Court of Appeal and Divisions

   47.     (Repealed)
   48.     Assignment to the Court of Appeal
   49.     Assignment to the Divisions
   50.     (Repealed)
   51.     Removal and remission
           Division 2 - Distribution amongst Divisions
   52.     Arrangements for despatch of business
   53.     Assignment of business
   54.     Transfer and retention
   55.     Validity of proceedings in any Division
           Division 3 - (Repealed)
           None

   PART 4 - LAW AND EQUITY

   57.     Concurrent administration
   58.     Equities of plaintiff
   59.     Equitable defences
   60.     Incidental equities
   61.     Defence or stay instead of injunction
   62.     Common law and statutory rights and duties
   63.     Final determination
   64.     (Repealed)

   PART 5 - POWERS
   Division 1 - Powers generally

   65.     Order to fulfil duty
   66.     Injunction
   67.     Receiver
   68.     Damages in case for equitable relief
   69.     Proceedings in lieu of writs
   69A.    Releases on bail and custody of claimants seeking judicial review of conviction or sentence
   69B.    Other powers in relation to claimants for judicial review of convictions and sentences
   69C.    Stay of execution of conviction, order or sentence pending review
   69D.    Court may confirm conviction or order with effect from an earlier day
   70.     Ouster of office
   71.     Habeas corpus
   71A.    Powers of Court in relation to warrants in respect of convictions or orders of Local Court
   71B.    Person to be remanded to former custody
   72.     Production of person confined
   73.     Relief against forfeiture
   74.     Discharge of lien or security
   75.     Declaratory relief
   75A.    Appeal
           76-76C. (Repealed)
           Division 2 - (Repealed)
           None

   PART 6 - PROCEDURE
   Division 1 - General

   77.     Procedures under other Acts superseded
           78-82. (Repealed)
   83.     Examination on oath
   84.     (Repealed)
           Division 2 - Trial
   85.     Trial without jury unless jury required in interests of justice
           86-89. (Repealed)
   90.     Special verdict
           Division 3 - Judgments and orders
   91.     Judgment
           92-95. (Repealed)
   96.     Effect of judgment or order
   97.     (Repealed)
           Division 4 - (Repealed)
           None

   PART 7 - APPEAL TO THE COURT OF APPEAL

   101.    Appeal in proceedings before the Court
   101A.   Question of law concerning criminal contempt may be submitted to Court of Appeal
   102.    Appeal after jury trial
   103.    Appeal from separate decision
   104.    Exclusion of appeal from associate Judges and others
   105.    Application of secs 106, 107
   106.    New trial because of subsequent matters
   107.    Substituted verdict
   108.    Nonsuit or verdict after jury trial
   109.    Effect of minor variations to judgments, orders or injunctions appealed against
   110.    Disqualification of Judge of Appeal
           PARTS 7A, 7B - (Repealed)
           None

   PART 8 - ASSOCIATE JUDGES AND OFFICERS
   Division 1 - Associate Judges

   111.    Appointment of associate Judges and acting associate Judges
   112.    Terms of appointment
   113.    Government Sector Employment Act 2013
   114.    Superannuation Act 1916
   115.    Resignation and tenure of associate Judges and acting associate Judges
   116.    Assignment
   117.    Seniority
   117A.   Powers: associate Judge in Court of Appeal
   118.    Powers: divisional associate Judge
           Division 2 - Registrars and other officers
   119.    Offices of registrars
   120.    Appointment
   120A.   Exercise of powers of registrar and deputy registrar by other officers
   121.    Powers

   PART 9 - RULES OF COURT

   122.    Rules taken to have effect as rules made by the Rule Committee
   123.    Rule Committee
   123A.   Deputies for barrister and solicitor members
   124.    Rule-making power
   125.    Arrangements for exchange of information between Court and foreign courts

   PART 9A - BROADCAST OF JUDGMENTS

   126.    Application of Part
   127.    Interpretation
   128.    Presumption in favour of permitting recording and broadcast of judgment remarks

   PART 10 - SUPPLEMENTAL

   129.    Savings and transitional provisions
   130.    Fees and percentages
   131.    Disrespectful behaviour in Court
           SCHEDULE 1
           Schedule 2 (Repealed)
           SCHEDULE 3
           SCHEDULE 4


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