Queensland Consolidated Acts

SUPREME COURT ACT 1995

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Act is, in part, a consolidation
   2A.     Provision about the Child Protection (International Measures) Act 2003

           Part 2--Provisions from Supreme Court Constitution Amendment Act 1861

   3.      Purpose of pt 2
   4.      Deeds etc. may be registered
   5.      As to examination of witnesses on interrogatories
   6.      Habeas corpus

           Part 3--Provisions from Common Law Pleading Act 1867

           Division 1--Purpose of part

   7.      Purpose of pt 3

           Division 2--Payment

   8.      Action of debt being brought on judgment after money paid such payment may be pleaded in bar the like in bonds

           Division 3--Payment into court

   9.      Principal and interest on bonds payable into court
   10.     Payment into court in replevin
   11.     Effect of such payment in replevin

           Part 4--Provisions from Common Law Practice Act 1867

           Division 1--Purpose of part

   12.     Purpose of pt 4

           Division 2--Interpretation

   13.     Definitions for pt 4

           Division 3--Abolition of wager of law

   14.     Wager of law abolished

           Division 4--Assessment of damages

   15.     Loss of earnings and future earnings
   16.     Compensation for future loss to be discounted

           Division 5--Actions against and by executors

   17.     Liability for death caused wrongfully
   18.     Actions how brought
   19.     Limitation of actions
   20.     Particulars of demand
   21.     Where no action brought within 6 months by executor, then action may be brought by persons beneficially interested
   22.     Payment into court in one sum
   23.     Exclusion of certain payments in assessment of damages
   23A.    Damages for spouse's benefit in wrongful death proceeding
   23B.    Damages for child's benefit in wrongful death proceeding
   23C.    Sections 23A and 23B do not limit
   23D.    Transitional provision for Justice and Other Legislation Amendment Act 2004

           Division 6--Specific delivery of chattels

   24.     Procedure after verdict for recovery of specific goods
   25.     Specific delivery of chattels

           Division 7--Execution on decrees and orders

   26.     Decrees and orders of courts of equity etc. to have effect of judgments

           Division 8--Execution on foreign judgment

   27.     Memorial of judgment etc. under seal of Supreme Court of any other Australasian colony filed in Supreme Court at Brisbane shall be a record thereof and execution may issue
   28.     Particulars of memorial
   29.     Mode of obtaining execution

           Division 9--Description of parties

   30.     Initials of names may be used in some cases
   31.     Misnomer not to be pleaded in abatement

           Division 10--Style of defendant

   32.     Copartnerships all of whose members are not known
   33.     Proviso

           Division 11--Refusal to make affidavit

   34.     Examination of person who refuses to make an affidavit
   35.     Proceedings upon order for examination

           Division 12--No new trial about stamp rulings

   36.     No new trial for ruling as to stamp

           Division 13--Execution

   37.     Securities not realised to be relinquished if the person be taken in execution

           Division 14--Distringas

   38.     Stock and shares in public companies belonging to the debtor and standing in the debtor's own name to be charged by order of a judge
   39.     Order of judge to be made in the first instance ex parte and on notice to the bank or company etc. to operate as a distringas

           Division 15--Garnishment

   40.     Judge may refuse to interfere in proceeding to attach debts

           Division 16--View

   41.     View by rule without writ

           Division 17--Inquiry before prothonotary

   42.     Inquiry of damages may be directed to take place before the prothonotary

           Division 18--Writs of trial and inquiry

   43.     No rule to compute
   44.     Proceedings on return of writs of inquiry or trial
   45.     Commissioner's notes of evidence etc.

           Division 19--Precepts

   46.     Rule or order for summoning jury

           Division 20--Practice at the trial

   47.     Interest up to judgment
   48.     Interest on debt under judgment or order
   49.     Persons may be examined without a subpoena
   50.     Witnesses failing to attend

           Division 21--Trial without jury

   51.     Judge may by consent try questions of fact
   52.     Power to judge to direct arbitration at time of trial when issues of fact left to the judge's decision

           Division 22--Amendment

   53.     Amendment
   54.     In cases where a variance shall appear between written or printed evidence and the record the court may order the record to be amended
   55.     Amendments to be made in the record in certain cases
   56.     Amendments at trial

           Division 23--Warrants of attorney

   57.     Warrants of attorney and cognovit actionem to be executed in the presence of an attorney on behalf of the person
   58.     Warrant etc. not formally executed invalid
   59.     Warrants of attorney in personal actions to be filed within
   60.     In what case warrant of attorney deemed fraudulent

           Division 24--Cognovit

   61.     Cognovit actionem to be filed in like manner or void against creditors

           Division 25--Warrants and cognovits

   62.     Defeasance of warrant of attorney etc. to be written on same paper
   63.     Officer of court to keep a book containing list and particulars of each warrant of attorney and cognovit
   64.     Satisfaction entered on warrants of attorney and cognovits

           Part 5--Provisions from Common Law Process Act 1867

           Division 1--Purpose of part

   66.     Purpose of pt 5

           Division 2--Execution of writs on Sunday

   67.     Writs when executed on Sunday

           Division 3--Affidavits sworn before a consul

   68.     Affidavits in certain cases may be sworn before a consul

           Division 4--Meaning of absent defendants

   69.     If defendant shall be absent at the commencement of foreign attachment proceedings to be sufficient
   70.     The term absence

           Division 5--Proceedings against absent defendants

   71.     Absent defendant
   72.     Form of attachment and how served
   73.     Plaintiff to enter into a bond to account etc.
   74.     After judgment plaintiff may issue fieri-facias

           Division 6--Proceeding in the action

   75.     After attachment returned plaintiff may proceed in the action

           Division 7--Advertisement

   76.     Public notice to be given

           Division 8--The garnishees

   77.     Property and debts bound from the time attachment served
   78.     Inquiry as to property in garnishee's hand—attendance of
   79.     Disposal of goods etc. by leave of court
   80.     Court to determine what property is to continue subject to attachment
   81.     Property in possession of any codefendant or spouse
   82.     Attachment and execution may be pleaded in bar

           Division 9--Defendant's rights

   83.     Provision for dissolving foreign attachment
   84.     Provision enabling absent defendant to come in and defend notwithstanding judgment against absent defendant

           Division 10--Copartners

   85.     Provision in case of absent defendants sued as copartners
   86.     Similar provision where defendants not sued as copartners
   87.     Provisions to extend only to cases of contract

           Division 11--Attachment of goods

   88.     Attachment upon goods of absconding debtor

           Division 12--Capias ad respondendum

   89.     Arrest on mesne process abolished except in certain cases
   90.     When person may be arrested or held to bail
   91.     Sheriff may proceed to arrest defendant—defendant to remain in custody until defendant finds bail or makes deposit
   92.     Order may be made at any stage of the proceedings before final judgment

           Division 13--Discharge of prisoner

   93.     Defendant may apply for defendant's discharge forthwith—judge may discharge defendant or not

           Division 14--Capias ad satisfaciendum

   94.     As to arrests on Supreme Court writs
   95.     Writs of ca. sa. to fix bail
   96.     Proceedings for charging in execution a person already in prison

           Division 15--Discharge of prisoner

   97.     Sheriff or gaoler may discharge prisoner by authority of the attorney in the cause

           Division 16--Fieri-facias

   98.     Sheriff empowered to seize moneys banknotes etc.
   99.     Property of debtors liable to be sold in execution
   100.    Sheriff to execute deed of bargain and sale to purchaser
   101.    Sales of land by sheriff
   102.    Deeds of sale by sheriff
   103.    Sheriff may sell equities of redemption

           Division 17--Special commissioners

   104.    Chief justice to appoint commissioners in certain towns
   105.    No writ of capias to issue unless upon proof that defendant is about to leave the State—security to be given by the plaintiff
   106.    Memorandum by commissioner on writ of capias
   107.    Writs of capias to be directed to special bailiff
   108.    Copies of writs to be transmitted to Supreme Court in Brisbane
   109.    Bail to be taken by bailiff
   110.    Deposit in lieu of bail
   111.    Commissioners may issue writs of summons and subpoena to give evidence

           Part 6--Provisions from Costs Act 1867

   112.    Executors suing in right of the testator to pay costs

           Part 7--Provisions from Equity Act 1867

           Division 1--Purpose of part

   113.    Purpose of pt 7

           Division 2--Interpretation

   114.    Definitions for pt 7

           Division 3--Substituted service

   115.    Equity process to be served in parts beyond jurisdiction
   116.    Substitution of such service
   117.    Special order for absolute decree

           Division 4--Joinder of parties

   118.    Court may proceed without representative of deceased person or may appoint one
   119.    Court may decide between some of the parties without making other interested persons parties
   120.    Objections for want of parties

           Division 5--Examination of defendants

   121.    In the court of equity defendant may be examined on behalf of the plaintiff or any codefendant
   122.    Limited commissions

           Division 6--Evidence on motions, petitions etc.

   123.    Any party in a cause may by subpoena require attendance of any witness
   124.    Parties who have deposed by affidavit bound to attend for cross-examination if required

           Division 7--Evidence taken out of the jurisdiction

   125.    Pleas declarations etc. how to be sworn and taken in places out of this State

           Division 8--Scientific assistance

   126.    Court in equity may obtain assistance of scientific persons and others
   127.    Fees to such persons

           Division 9--Declarations

   128.    Suit may be for declaratory order only

           Division 10--Directions

   129.    Where account required to be taken court may give special directions as to the mode of taking same
   130.    Where property is the subject of proceedings court may allow to parties the annual income
   131.    Heir or devisee of real estate not to claim payment of mortgage out of personal assets

           Division 11--Contempt

   132.    Sheriff to keep a register of persons committed and report 4 times a year to the court
   133.    Defendants brought into court by habeas corpus or in custody and refusing to enter appearance court may enter it for them
   134.    Any person in custody for contempt for not executing any deed etc. and after 2 months still refusing to execute court may order registrar to execute the same
   135.    A person committed for contempt for not delivering up books etc. any sequestrator may seize the same
   136.    Other cases of contempt court may order discharge upon terms
   137.    A person committed for contempt omitting to apply for the person's discharge the court may compulsorily discharge the person

           Division 12--Insolvents

   138.    Discharge of insolvent may extend to process for contempt in nonpayment of money and to costs incurred by creditor but subject to taxation

           Division 13--Privilege

   139.    Appearances may be put in for defendants having privilege of Parliament in court of equity on return of process of sequestration

           Division 14--Attestations upon honour

   140.    Commissioners and others may take attestations upon honour

           Division 15--Jurisdiction in infancy

   141.    Mother petitioning may obtain access to mother's infant under regulations
   142.    Orders may be enforced by process of contempt
   143.    Unless in cases of adultery
   144.    Infants may with the approbation of the Supreme Court make valid settlements or contracts for settlements of their real and personal estate upon marriage
   145.    In case infant die under age appointment etc. to be void
   146.    The sanction of the Supreme Court to be given upon petition
   147.    Not to apply to males under 17 or females under 17 years of age
   148.    Jurisdiction given to the primary judge in equity or 1 other judge in the primary judge's absence or illness

           Part 8--Provisions from Interdict Act 1867

           Division 1--Purpose of part

   149.    Purpose of pt 8

           Division 2--Interpleader

   150.    Action that may be taken by the court
   151.    Judgment and decision to be final
   152.    If such third party shall not appear etc. the court may bar his or her claim against the original defendant
   153.    Proviso as to orders made by a single judge
   154.    If a judge thinks the matter more fit for the decision of the court the judge may refer it
   155.    Interpleader may be granted though titles have not a common origin
   156.    Power to court or judge to decide summarily in certain cases
   157.    Special case may be stated where facts undisputed
   158.    Proceedings on special cases
   159.    Judgment and decision when to be final

           Division 3--Interpleader by sheriff

   160.    For relief of sheriffs and other officers in execution of process against goods and chattels
   161.    Court or judge may direct sale of goods seized in execution
   162.    Sheriff's costs

           Division 4--Rules orders etc. in interpleader proceedings

   163.    Rules orders etc. made in interpleader proceedings may be entered of record and made evidence

           Division 5--Prerogative writ of mandamus

   164.    Return to be made to first writ
   165.    Procedure on return of writ
   166.    Person against whom damages shall be recovered not liable to be sued in other actions
   167.    For protection of certain officers to whom writs of mandamus are directed
   168.    Proceedings not to abate by removal of officer
   169.    Costs to be in the discretion of the court
   170.    Proceedings for prerogative writ of mandamus accelerated
   171.    The enactments herein relating to returns to writs of mandamus therein mentioned and the proceedings thereon extended to all other writs of mandamus

           Division 6--Action for mandamus

   172.    Action for mandamus to enforce the performance of duties
   173.    Declaration in action for mandamus
   174.    Proceedings upon claim for mandamus
   175.    Judgment and execution
   176.    Form of peremptory writ
   177.    Effect of mandamus
   178.    The court may order the act to be done at the expense of the defendant
   179.    Prerogative writ of mandamus preserved

           Division 7--Injunction

   180.    Claim of writ of injunction
   181.    Form of writ of summons and endorsement thereon
   182.    Form of proceedings and of judgment
   183.    Writ of injunction may be applied for at any stage of the cause
   184.    Mode of enforcing writs of injunction against corporations

           Division 8--Costs of mandamus and injunctions

   185.    Costs of writs of mandamus and injunctions may be included in writs

           Division 9--Quo warranto

   186.    How informations in the nature of quo warranto may be exhibited against such as intrude etc. into offices etc.
   187.    Judgment of ouster shall be given against persons found guilty of usurpation etc.

           Division 10--Prohibition

   188.    Writs of prohibition

           Division 11--General provision

   189.    Proceedings on prerogative writ of mandamus

           Part 9--Provisions from Supreme Court Act 1867

           Division 1--Seals of the court

   190.    Court shall have and use seals
   191.    Judge's stamp
   192.    Orders to be sealed
   193.    Judge's chamber seal
   194.    Authority to be filed

           Division 2--Constitution of the court

   197.    Power of judges in vacation
   198.    Proceedings to be dated and how tested

           Division 3--Criminal jurisdiction

   203.    Proceeding by information
   204.    Error
   205.    Attorney-General to issue warrant for discharge of prisoner against whom the Attorney-General does not file information

           Division 4--Special commissions

   208.    Special commission may issue to 1 or more District Court

           Division 5--Appearances

   209.    Appearance to be in person or by lawyer or person allowed by the judge

           Division 6--Officers of the court

   210.    Principal registrar and associates
   210A.   Other registrars and officers

           Division 7--Masters

   211.    Masters

           Division 8--The sheriff

   212.    Sheriff
   213.    Deputy sheriffs
   216.    Sheriff may sell property without taking out an auctioneer's licence
   217.    Sheriff may act as justice of peace
   218.    Deposit for expenses to be made with the sheriff

           Division 9--Costs

   219.    Fees of officers of court to be paid to Her Majesty
   220.    Commissioners of Supreme Court may receive fees
   221.    Power to award costs

           Division 10--Effect of decrees, rules and orders

   222.    Decrees rules and orders to have effect of judgments

           Division 11--Change of venue

   223.    Change of venue

           Division 12--Questions of fact

   224.    Power of court to direct trial of feigned issues
   225.    Feigned issues and new trials

           Part 10--Provisions from Writs of Dedimus Act 1871

   226.    Writs of dedimus potestatem and commissions for affidavits may be issued and executed outside the State

           Part 11--Provisions from Supreme Court Act 1874

   227.    Salaries to be charged on consolidated fund
   228.    Supreme Court to be court of error
   229.    Power to amend defects or errors
   230.    New trials only where substantial wrong occasioned

           Part 12--Provisions from Sheriff's Act 1875

   231.    Purpose of pt 12
   232.    Appointment of bailiffs
   233.    Officers so appointed to be deemed sheriff's officers
   234.    Persons aggrieved by acts of officers may sue the sheriff by that name and not personally—mode of payment of damages recovered
   235.    Power to appoint person to execute process where sheriff ought not to execute
   236.    Power to appoint special bailiff
   237.    Action of debt not to lie on escape of debtor
   238.    Jurisdiction and accountability of sheriff
   239.    Sheriff and officers personally accountable for their own acts or defaults

           Part 13--Provisions from Judicature Act 1876

   240.    Purpose of pt 13
   241.    Definitions for pt 13
   242.    Rules of law to apply to all courts
   243.    Provision for saving of existing procedure of courts when not inconsistent with this part or rules of court
   244.    Law and equity to be administered in all suits by Supreme Court
   245.    Estates of persons deceased to be administered as in
   246.    Writs of mandamus and injunction may be granted and
   247.    In cases of collision rules of admiralty to prevail
   248.    In questions relating to infants rules of equity to prevail
   249.    Rules of equity to prevail where any conflict between them and rules of law
   250.    Powers of 1 or more judges
   251.    Cases and points may be reserved for or directed to be argued before the Court of Appeal
   252.    Motions for new trials to be heard by Court of Appeal
   253.    What orders shall not be subject to appeal
   254.    As to appeals from orders made by single judge
   255.    Referees and assessors
   256.    Power to direct trials before referees
   257.    Power of referees and effect of their finding
   258.    Powers of court with respect to proceedings before referees
   259.    Duty of judge and jury

           Part 14--Provisions from Supreme Court Act 1892

   260.    Motions for judgment
   261.    Hearing of cases in chambers

           Part 16--Provisions from Supreme Court Act 1895

   266.    Definitions for pt 16
   266A.   Central, northern and far northern districts
   267.    Sittings in central, northern and far northern districts
   268.    Jurisdiction etc. of judges sitting in Central, Northern and Far Northern Courts
   269.    Central, northern and far northern judges
   270.    Transfer of judge
   272.    General jurisdiction of central judge, northern judge and far northern judge
   273.    Officers may be appointed
   273A.   Duties and status of central, northern and far northern sheriffs
   274.    Causes may be transferred
   275.    Construction of Acts in which Brisbane is mentioned
   276.    Process where returnable
   277A.   Transitional—references to northern district and Northern Court

           Part 18--Provisions from Commercial Causes Act 1910

   279.    Purposes of pt 18
   280.    Definitions for pt 18
   281.    A list of commercial causes to be kept
   282.    Either party may apply to have action placed on such list
   283.    Directions
   284.    Jury's verdict or judge's decision may be final
   285.    Commercial dispute concerning construction of document

           Part 19--Provisions from Supreme Court Act 1921

           Division 1--Districts etc.

   286.    Constitution of districts etc.
   286A.   Magistrates Court registrar is Supreme Court registrar and deputy sheriff
   287.    Residence of particular judges

           Division 2--Civil causes and matters

   288.    Civil jurisdiction
   289.    Removal to another registry
   290.    Transmission of writ etc.
   291.    Proceedings on removal
   292.    Writs and appearance to be endorsed with statement of claim and defence
   293.    Summons for directions to be issued by registrar
           Part 20 Provisions from Supreme Court Acts Amendment Act (N
           o
           . 2) 1958
   296.    Saving
   297.    Hearing de novo when trial judge unable to continue
   298.    Proof of incapacity of judge

           Part 21--Miscellaneous

   299.    Saving provisions
   300.    References to certain Acts and provisions
   301.    Transitional provision—Guardianship and Administration Act 2000
   302.    Transitional provision for Justice and Other Legislation (Miscellaneous Provisions) Act 2002
   303.    Transitional provision for Discrimination Law Amendment Act 2002
   304.    Transitional provision—Magistrates Court registrar acting as registrar
   305.    Transitional provision for Justice and Other Legislation Amendment Act 2008, pt 29
           SCHEDULE 1 CENTRAL DISTRICT
           SCHEDULE 2 NORTHERN DISTRICT
           SCHEDULE 3 FAR NORTHERN DISTRICT
           Endnotes