SUPREME COURT ACT 1970 - SCHEDULE 4
SUPREME COURT ACT 1970 - SCHEDULE 4
SCHEDULE 4 – Savings, transitional and other provisions
Part 1 - General
1 Regulations
(1) The Governor may make regulations for the purposes of this Part.
(2) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--Courts Legislation Further Amendment Act 1998 , but only in relation to the amendments made to this ActCourts Legislation Amendment Act 2000 , but only in relation to the amendments made to this ActCourts Legislation Amendment (Civil Juries) Act 2001 , but only in relation to the amendments made to this ActCourts Legislation Amendment Act 2003 , but only in relation to the amendments made to this ActCourts Legislation Amendment Act 2005Administrative Decisions Tribunal Amendment Act 2008 , but only in relation to the amendments made to this Actany other Act that amends this Act
(3) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(4) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Part 2 - Provisions consequent on enactment of Supreme Court (Amendment) Act 1994
1A Supreme Court (Amendment) Act 1994
(1) The amendment made to this Act by Schedule 1 (2) to the Supreme Court (Amendment) Act 1994 applies to proceedings for judgment in the Court of Appeal whether the proceedings were commenced before, on or after the commencement of the amendment.
(2) The amendment made to this Act by Schedule 1 (3) to the Supreme Court (Amendment) Act 1994 applies to any proceeding whether commenced before, on or after the commencement of the amendment, but not to proceedings commenced to be heard by the Court of Appeal before the commencement of the amendment.
Part 3 - Provisions consequent on enactment of Courts Legislation Further Amendment Act 1995
2 Courts Legislation Further Amendment Act 1995
The amendments made to section 101 (2) by the Courts Legislation Further Amendment Act 1995 do not operate to require leave to appeal against a judgment or order of the Court if, when the judgment or order was made, an appeal lay as of right.
Part 4 - Provisions consequent on enactment of Courts Legislation Amendment Act 1996
3 Courts Legislation Amendment Act 1996
(1) Proceedings commenced in the Court before the commencement of items [4[#93], [5[#93], [6[#93], [7[#93] and [10[#93] of Schedule 1.8 to the Courts Legislation Amendment Act 1996 are unaffected by the amendments to this Act that are made by those items.
(2) Proceedings commenced in the Court before the commencement of item [8[#93] of Schedule 1.8 to the Courts Legislation Amendment Act 1996 are unaffected by the amendment to this Act that is made by that item.
Part 5 - Provisions consequent on enactment of Courts Legislation Amendment Act 1997
4 Courts Legislation Amendment Act 1997
(1) Section 46A, as amended by the Courts Legislation Amendment Act 1997 , applies to awards of compensation made by the Compensation Court before the commencement of Schedule 5 [1[#93] to that Act in the same way as it applies to awards of compensation made after that commencement.
(2) Section 101, as amended by the Courts Legislation Amendment Act 1997 , applies to judgments and orders given or made before the commencement of Schedule 5 [2[#93] to that Act in the same way as it applies to judgments and orders given or made after that commencement.
Part 6 - Provisions consequent on enactment of Traffic Legislation Amendment Act 1997
5 Traffic Legislation Amendment Act 1997
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the Traffic Legislation Amendment Act 1997 (but only in relation to the amendments made to this Act).
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Part 7 - Provisions consequent on enactment of Courts Legislation Further Amendment Act 1997
6 Courts Legislation Further Amendment Act 1997
(1) Section 46A, as amended by the Courts Legislation Further Amendment Act 1997 , applies to awards of compensation made by the Compensation Court before the commencement of Schedule 1.11 [1[#93] to that Act in the same way as it applies to awards of compensation made after that commencement.
(2) Section 101, as amended by the Courts Legislation Further Amendment Act 1997 , applies to judgments and orders given or made before the commencement of Schedule 1.11 [2[#93] to that Act in the same way as it applies to judgments and orders given or made after that commencement.
Part 8 - Provisions consequent on enactment of Courts Legislation Further Amendment Act 1998
7 Definitions
(1) In this Part--
"abolished Division" means a Division of the Court abolished by clause 8.
"amending Act" means the Courts Legislation Further Amendment Act 1998 .
(2) A reference in this Part to proceedings being assigned to a Division is a reference to the proceedings being assigned to that Division by or under this or any other Act.
8 Abolition of certain Divisions
On the commencement of Schedule 10 [2[#93] to the amending Act, the following Divisions of the Court (within the meaning of this Act as in force immediately before that commencement) are abolished--
(a) the Administrative Law Division,
(b) the Admiralty Division,
(c) the Commercial Division,
(d) the Criminal Division,
(e) the Family Law Division,
(f) the Probate Division,
(g) the Protective Division.
9 Assignment of proceedings and Judges in abolished Divisions to Common Law Division
(1) The following proceedings are assigned to the Common Law Division on the commencement of Schedule 10 [2[#93] to the amending Act--(a) any proceedings that were assigned to the Administrative Law Division by or under this or any other Act immediately before that commencement,(b) any proceedings that were assigned to the Criminal Division by or under this or any other Act immediately before that commencement.
(2) If proceedings are pending in an abolished Division referred to in subclause (1) immediately before its abolition, the proceedings are taken for all purposes to have been commenced in the Common Law Division.
(3) Subject to subclause (4), a Judge who, immediately before the abolition of an abolished Division referred to in subclause (1), was appointed or nominated to the Division under this or any other Act is taken for the purposes of this Act to have been appointed or nominated to the Common Law Division.
(4) A Judge who, immediately before the commencement of Schedule 10 [1[#93] to the amending Act, held office under section 28 of this Act (as in force immediately before that commencement) as the Chief Judge at Common Law is taken to hold office as Chief Judge at Common Law under section 27 (as inserted by the amending Act).
10 Assignment of proceedings and Judges in abolished Divisions to Equity Division
(1) The following proceedings are assigned to the Equity Division on the commencement of Schedule 10 [2[#93] to the amending Act--(a) any proceedings that were assigned to the Admiralty Division by or under this or any other Act immediately before that commencement,(b) any proceedings that were assigned to the Commercial Division by or under this or any other Act immediately before that commencement,(c) any proceedings that were assigned to the Family Law Division by or under this or any other Act immediately before that commencement,(d) any proceedings that were assigned to the Probate Division by or under this or any other Act immediately before that commencement,(e) any proceedings that were assigned to the Protective Division by or under this or any other Act immediately before that commencement.
(2) If proceedings are pending in an abolished Division referred to in subclause (1) immediately before its abolition, the proceedings are taken for all purposes to have been commenced in the Equity Division.
(3) Subject to subclause (4), a Judge who, immediately before the abolition of an abolished Division referred to in subclause (1), was appointed or nominated under this or any other Act to the Division is taken for the purposes of this Act to have been appointed or nominated to the Equity Division.
(4) A Judge who, immediately before the commencement of Schedule 10 [1[#93] to the amending Act, held office under section 28 of this Act (as in force immediately before that commencement) as the Chief Judge in Equity is taken to hold office as Chief Judge in Equity under section 27 (as inserted by the amending Act).
11 Existing Probate Judge
A Judge who, immediately before the abolition of the Probate Division, held office as Probate Judge under section 28 of this Act (as in force immediately before that abolition) retains the rank, title, status and precedence he or she had immediately before that abolition.
12 References to abolished Divisions
(1) A reference in another Act (other than the amending Act), in an instrument made under an Act or in any other document to an abolished Division is to be read as a reference to the corresponding Division for the abolished Division.
(2) In this clause,
"corresponding Division" for an abolished Division means--(a) in relation to the Administrative Law Division or the Criminal Division--the Common Law Division, or(b) in relation to the Admiralty Division, the Commercial Division, the Family Law Division, the Probate Division or the Protective Division--the Equity Division.
13 Nothing in Part affects certain powers and other matters
Nothing in this Part affects--
(a) the operation of section 124 (3) of this Act, or
(b) the rank, title, status and precedence of any Judge of the Court who, immediately before the commencement of this clause, had that rank, title, status and precedence.
Part 9 - Provisions consequent on enactment of Courts Legislation Amendment Act 1999
14 Application of amendment
Section 45AA (as inserted by the Courts Legislation Amendment Act 1999 ) applies to appeal proceedings in the Court of Appeal whether the proceedings were commenced before or after the commencement of the amendment.
Part 10 - Provisions consequent on enactment of Courts Legislation Amendment Act 2000
15 Definition
In this Part,
"amending Act" means the Courts Legislation Amendment Act 2000 .
16 Application of amendment relating to appeals
Section 46A, as amended by the amending Act, extends to an appeal against an order made before the commencement of the amendment to that section.
17 Application of amendment relating to contempt proceedings
Section 101A, as amended by the amending Act, extends to proceedings that were commenced before the commencement of the amendment.
Part 11 - Provisions consequent on enactment of Supreme Court Amendment (Referral of Proceedings) Act 2000
18 Application of amendment
(1) Section 76B and Part 7B, as amended by the Supreme Court Amendment (Referral of Proceedings) Act 2000 , extend to proceedings instituted before the amendments took effect, except as provided by subclause (2).
(2) The amendments made by that Act to Part 7B have no effect in relation to a matter that, at the time the amendments took effect, had already been referred for mediation or neutral evaluation under that Part.
Part 12 - Provision consequent on enactment of Courts Legislation Amendment (Civil Juries) Act 2001
19 Application of amendment
Section 85, 86, 87, 88 or 89, as in force immediately before its amendment by the Courts Legislation Amendment (Civil Juries) Act 2001 , continues to apply in relation to proceedings commenced but not finally determined before the commencement of that amendment as if the section had not been amended.
Part 13 - Provision consequent on enactment of Courts Legislation Further Amendment Act 2002
20 Arbitration
The amendment made by Schedule 6 [1[#93] to the Courts Legislation Further Amendment Act 2002 extends to proceedings commenced, but not determined, before the commencement of the amendment.
Part 14 - Provision consequent on enactment of Courts Legislation Amendment Act 2003
21 Application of amendments
(1) Except as provided by subclause (2), an amendment made to this Act by Schedule 8 to the Courts Legislation Amendment Act 2003 extends to matters arising in proceedings commenced before the commencement of that amendment.
(2) The provisions of Part 7B, as in force immediately before the commencement of Schedule 8 to the Courts Legislation Amendment Act 2003 , continue to apply to a matter that was referred for mediation or neutral evaluation under that Part before that commencement where that mediation or evaluation had not been completed before that commencement.
Part 15 - Provisions consequent on enactment of Courts Legislation Amendment Act 2005
22 Abolition of office of master and acting master of Supreme Court
(1) The offices of master of the Supreme Court and acting master of the Supreme Court are abolished.
(2) On the abolition of the office of master and acting master of the Supreme Court--(a) a person holding office as a master of the Supreme Court immediately before that abolition is by this clause appointed as an associate Judge of the Supreme Court, and(b) a person holding office as an acting master of the Supreme Court immediately before that abolition is by this clause appointed as an acting associate Judge of the Supreme Court.
(3) Any such person holds office subject to such terms and conditions as are specified in the instrument of the person's appointment as a master or acting master of the Supreme Court or as may be agreed by the Governor and the person.
(4) In particular, any such person who was holding office for a specified term is taken to have been appointed to the new office for the balance of that term of office.
(5) Sections 113 and 114 apply to an associate Judge or acting associate Judge appointed by this clause as if a reference to the person's appointment as an associate Judge or acting associate Judge were a reference to the person's appointment as a master or acting master of the Supreme Court.
(6) Any assignment of a master or acting master to the Court of Appeal or to a Division that had effect under section 116 immediately before the abolition of the office of master or acting master is taken, on that abolition, to continue to have effect as an assignment of the associate Judge or acting associate Judge to the Court of Appeal or to the relevant Division.
(7) Subclause (6) does not affect the Governor's power to revoke an assignment under section 116 (b).
(8) The seniority of a person appointed as associate Judge or acting associate Judge by this clause is to be determined under section 117 as if the date of his or her assignment as an associate Judge or acting associate Judge to the Court of Appeal or to a Division were the date of his or her assignment as a master or acting master to the Court of Appeal or the relevant Division.
(9) Service as a master or acting master of the Supreme Court is to be reckoned for all purposes as service as an associate Judge or acting associate Judge of the Supreme Court.
23 Abolition of offices to have no effect on proceedings
(1) Proceedings pending before or being heard by a person who held the office of master or acting master of the Supreme Court immediately before the abolition of that office may continue to be heard and determined by the person as an associate Judge or acting associate Judge.
(2) Section 104, as in force immediately before the abolition of the office of master and acting master of the Supreme Court, continues to apply in respect of any decision, judgment, order, opinion, direction or determination of the Court in a Division constituted by a master that was made or given before the abolition of the office.
24 Construction of references
(1) A reference in any other Act (except the Constitution Act 1902 ), or in any instrument made under any Act, to a master or acting master of the Supreme Court (however expressed) is to be read as a reference to an associate Judge or acting associate Judge of the Supreme Court, unless otherwise provided by the regulations.
(2) A reference in section 111 of this Act to a retired associate Judge includes a reference to a retired master of the Supreme Court.
Part 16 - Provisions consequent on enactment of Administrative Decisions Tribunal Amendment Act 2008
25 Application of amendments
Each amendment made to section 48 by the Administrative Decisions Tribunal Amendment Act 2008 applies to proceedings commenced in the Court after the commencement of the amendment concerned.
Part 17 - Provisions consequent on enactment of Courts and Other Legislation Further Amendment Act 2013
26 Application of amendments
(1) Section 36 (6) extends to a person who, immediately before the insertion of that subsection by the amending Act, was an additional Judge of Appeal.
(2) Section 37 (3AA) extends to a person who, immediately before the insertion of that subsection by the amending Act, was an acting Judge.
(3) The repeal of paragraph (e) of the Third Schedule by the amending Act does not affect any proceedings relating to an order under the Inebriates Act 1912 that was taken to continue in force by virtue of section 55A of the Drug and Alcohol Treatment Act 2007 , as in force immediately before the repeal of that section by the amending Act.
(4) In this clause--
"amending Act" means the Courts and Other Legislation Further Amendment Act 2013 .
Part 18 - Provisions consequent on repeal of Transfer of Records Act 1923 by Regulatory Reform and Other Legislative Repeals Act 2015
27 Instruments to be registered in office of Registrar-General instead of Supreme Court
(1) On and from 1 October 1925, all instruments of any nature that are required by any Act to be registered, enrolled, recorded, filed or deposited in the Court, and that do not relate exclusively to the business of the Court or any suit or proceeding in the Court, are required to be registered, enrolled, recorded, filed or deposited in the office of the Registrar-General in the same manner and form as is required by that Act.
(2) All such registrations, enrolments, records, filings and deposits are in all respects valid and have the same effect respectively to all intents and purposes as if they had been made, done, had, taken or performed in the Court and the Transfer of Records Act 1923 had not been passed.
(3) In this clause,
"Court" includes the office of the Master in Equity or any other officer of the Court.
(4) Subclauses (1)-(3) re-enact (with minor modifications) section 2 (3) and (5) of the Transfer of Records Act 1923 and are transferred provisions to which section 30A of the Interpretation Act 1987 applies.