Queensland Consolidated Acts

SUPREME COURT OF QUEENSLAND ACT 1991

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Dictionary
   2A.     Words and expressions used in Supreme Court Act, pt 13
   3.      Interpretation—meaning of appeal
   4.      Interpretation—references to Full Court etc.
   6.      The Crown

           Part 2--The court

           Division 1--Jurisdiction and composition

   9.      Jurisdiction of court not impaired etc.
   11.     Composition of court
   12.     Appointment of Chief Justice
   12A.    Chief Justice continues in office while judge
   13.     Title of Chief Justice
   13A.    Administrative responsibility of Chief Justice
   14.     Acting judges
   15.     Jurisdiction not affected by vacancies

           Division 2--Divisions of the court

   16.     Divisions of court etc.

           Division 3--Provisions relating to judges generally

   21.     Seniority
   22.     Accepting and holding of other public offices
   23.     Retirement of judges
   26.     Temporary judicial office holders
   27.     Entitlements of temporary judicial office holders
   27AA.   Protection for administrative acts

           Part 3--The Court of Appeal

           Division 1--Composition, jurisdiction and powers

   28.     Composition
   29.     Jurisdiction and powers
   30.     Way in which court may be constituted
   31.     Constitution of court if 1 judge of appeal unable to continue
   32.     Arrangement of business of Court of Appeal
   32A.    Annual report

           Division 2--Judges of appeal

   33.     Appointment
   34.     Judge of appeal continues to be judge
   35.     Judge of appeal continues in office while judge
   36.     Appointment of President
   37.     President continues in office while judge of appeal
   39.     Additional judges of appeal
   40.     Presiding judge of appeal
   41.     Decision
   42.     Reserved judgements
   43.     Powers of judge of appeal
   44.     Remuneration of judges of appeal
   45.     Appropriation

           Part 4--The Trial Division

           Division 1--Jurisdiction and powers

   55.     Composition, jurisdiction and powers of Trial Division
   56.     Single judge to constitute the court

           Division 2--Senior Judge Administrator and other judges

   57.     Appointment of Senior Judge Administrator
   58.     Senior Judge Administrator continues to be judge
   59.     Senior Judge Administrator continues in office while judge
   60.     Arrangement of business of Trial Division
   61.     Annual report

           Part 5--Removal and remission

   68.     Removal and remission

           Part 6--Appeals to Court of Appeal

   69.     Appeal in proceedings in the court
   70.     Disqualification of judge of appeal

           Part 7--Provisions applying to Supreme Court, District Court and Magistrates Courts

           Division 1--Preliminary

   71.     Application of pt 7
   72.     Definition for pt 7

           Division 2--Procedural
           Subdivision 1--Constitution of District Court by judicial registrar

   73.     Judicial registrar's power to hear and decide applications
           Subdivision 2--Removal of proceedings
   74.     Removal to Supreme Court
   75.     Removal to Magistrates Court
   76.     Costs

           Division 3--Conferences

   77.     Resolution agreement
   78.     Confidentiality

           Division 4--Orders

   79.     Court's power to make orders or give directions
   80.     Court able to impose appropriate conditions
   81.     Amendment for new cause of action or party
   82.     Order binds persons who are represented
   83.     Interpleader orders
   84.     Effect of default judgement
   85.     Dismissal of proceedings for want of prosecution

           Division 5--Enforcement
           Subdivision 1--Enforcement generally

   86.     Demand for compliance unnecessary
   87.     Interest recoverable on enforcement
   88.     Variation of order in partnership name
   89.     Enforcement against partnership
   90.     Variation of order in business name
   91.     Enforcement against property of a business
           Subdivision 2--Enforcement warrants
   92.     Period of enforcement warrant
   93.     Payment under enforcement warrant
   93A.    Enforcement warrant
   93B.    Securities held by enforcement officer
   93C.    Redirection of joint funds
   93D.    State debts
   93E.    Redirection of partnership debts
   93F.    Account with financial institution
   93G.    Enforcement against the third person
           Subdivision 3--Offences
   93H.    Employment protection if enforcement warrant for redirection of earnings
           Subdivision 4--Non-attendance
   93I.    Attendance of individuals
   93J.    Attendance of corporation
   93K.    Noncompliance is contempt of court
   93L.    Issue of warrant for defendant's arrest

           Division 5A--Costs assessors

   93LA.   Ordinary protection and immunity allowed
   93LB.   Preservation of confidentiality
   93LC.   Preservation of privilege

           Division 6--Miscellaneous

   93M.    Proceeding if grant of representation when originating process issues
   93N.    Proceeding if no grant of representation when originating process issues
   93O.    Delegation by registrar

           Part 8--ADR processes

           Division 1--Preliminary

   94.     Objects of part

           Division 2--Important terms

   95.     ADR process
   96.     Mediation
   97.     Case appraisal

           Division 3--Establishment of ADR processes

   98.     Approval of mediators
   99.     Approval of case appraisers
   100.    ADR register
   101.    Parties may agree to ADR process
   102.    Court may consider and order reference to ADR process
   103.    Parties must attend at ADR process if Supreme Court orders
   104.    Procedure at case appraisal
   105.    Subpoenas

           Division 4--Party unable to pay share of costs

   106.    Party unable to pay share of costs

           Division 5--What to do when ADR process is finished

   107.    Mediated resolution agreement
   108.    Mediator to file certificate
   109.    Case appraiser to file certificate and decision
   110.    Orders giving effect to mediation agreement
   111.    Orders giving effect to case appraiser's decision

           Division 6--Confidentiality, protection and immunity

   112.    ADR convenors to maintain secrecy
   113.    Ordinary protection and immunity allowed
   114.    Admissions made to ADR convenors

           Division 7--Miscellaneous

   115.    Revocation of approval as mediator or case appraiser
   116.    Appeal against refusal to approve and revocation of approval as mediator or case appraiser

           Part 8A--Use of video link facilities

   116A.   Purpose of part
   116B.   Definitions for part
   116C.   Use of video link facilities in proceedings
   116D.   Detainee taken to be before the court
   116E.   Way video link facilities must be operated
   116F.   Facilities for private communication
   116G.   Variation or revocation of order

           Part 8B--Provision from Legal Practitioners Act 1995

   116H.   Relocation
   116I.   Revival of order for payment of costs

           Part 9--Rules of court and practice directions for the Supreme Court, the District Court and the Magistrates Courts

   117.    Definition for pt 9
   118.    Rule-making power
   118A.   Rules committee may approve forms
   118B.   Court rules are exempt from RIS requirements and automatic expiry
   118C.   Rules Committee
   118D.   Practice directions
   118E.   Directions or orders about a proceeding

           Part 10--Miscellaneous

   119.    Order etc. on terms
   119A.   Supreme Court precincts
   119B.   Annual report
   119C.   Finances and staffing of court
   119D.   Judicial office subject to Constitution of Queensland 2001
   120.    Regulation-making power

           Part 11--Transitional provisions

   121.    Seniority of first judges of appeal
   123.    Part heard proceedings etc.
   124.    References to Senior Puisne Judge
   125.    Leave granted to appeal
   126.    Court may resolve difficulties
   127.    Transitional provisions for Courts Reform Amendment Act 1997
   128.    No distinction between court and chambers for Supreme Court, District Court and Magistrates Courts
   129.    Abolition of old enforcement processes
   130.    Outdated references
   132.    Judicial registrar may exercise certain judicial or quasi-judicial power of registrar
   133.    References to taxation of costs
   134.    Act to prevail over Supreme Court Act 1995
   135.    Application of Uniform Civil Procedure Rules
   136.    Transitional—abolition of Circuit Courts
   137.    Saving of former court rules—Civil Justice Reform Act 1998
   138.    Transitional provision for Constitution of Queensland 2001
           SCHEDULE 1 SUBJECT MATTER FOR RULES

           Part 1--General
           1. Jurisdiction generally

           Part 2--Civil proceedings
           2. Starting civil proceedings
           3. Parties and proceedings

   4.      Notices of intention to defend
   5.      Service of documents
   6.      Pleadings
   7.      Disclosure
   8.      Preservation of rights and property
   9.      Ending proceedings early
   10.     Court supervision
   11.     Evidence
   12.     Jurisdiction of judicial registrars and registrars
   13.     Trials and other hearings
   14.     Particular proceedings
   15.     Probate
   16.     Contempt of court
   16A.    Vexatious proceedings
   17.     Trusts
   18.     Costs
   19.     Appeals, applications and cases stated to Court of Appeal
   20.     Enforcement of money orders
   21.     Reciprocal enforcement of foreign judgements
   22.     Corporations
   23.     Miscellaneous matters

           Part 3--Criminal proceedings

   24.     Practice and procedure in criminal jurisdiction

           Part 4--Miscellaneous

   25.     Matter used in proceedings
           SCHEDULE 2 DICTIONARY
           Endnotes