SUPREME COURT ACT 1935

Table of Provisions

• Long Title

PART A1--Preliminary

• 1 Short title
• 3 Repeal
• 4 Savings
• 5 Interpretation

PART 1--Constitution of the Supreme Court

• 6 Continuance of Supreme Court
• 6A Divisions of Supreme Court
• 7 Judicial officers of the court
• 8 Qualifications for appointment as judges and masters
• 9 Appointments to the court
• 9A The Chief Justice
• 9B President
• 10 Acting Chief Justice and Acting President
• 11 Acting judges and acting masters
• 12 Remuneration of judges and masters
• 13 Salaries of Judges, and officers to be in lieu of fees
• 13A Retirement of judges and masters
• 13B Special leave
• 13H Pre-retirement leave
• 13I Appointment and conditions of judicial registrars
• 13J Judicial registrar ceasing to hold office and suspension
• 14 Certain common interests do not disqualify
• 15 Seal of court
• 16 Councils of judges to consider procedure and administration of justice

PART 2--Jurisdiction and powers of the court

Division 1--General Division

• 17 General jurisdiction
• 18 Probate jurisdiction
• 19 Matrimonial jurisdiction

Division 1A--Court of Appeal

• 19A Establishment of Court of Appeal
• 19B Jurisdiction
• 19C General requirements as to constitution of Court of Appeal
• 19D Powers

Division 2--Law and equity

• 20 Concurrent administration of law and equity
• 21 Equities of plaintiff
• 22 Equitable defences
• 23 Counter-claims and third parties
• 24 Equities appearing incidentally
• 25 Defence instead of injunction or prohibition
• 26 Common law and statutory rights and duties
• 27 Court to do complete justice in cause so as to avoid multiplicity of suits
• 28 Rules of equity to prevail where in conflict with common law

Division 3--Miscellaneous powers

• 29 Court may make orders to have effect of mandamus or injunction, and may appoint receivers
• 30 Damages in certain cases
• 30A Power to direct payment to infant
• 30B Power to make interim assessment of damages
• 30BA Consent orders for structured settlements
• 30C Power to award interest
• 31 Declaratory orders
• 32 Court may order mortgage instead of sale in certain cases
• 34 Court may direct sale of mortgaged property etc
• 35 Power to require attendance of witnesses and production of evidentiary material
• 36 Appointment of commissioners for taking affidavits
• 38 Inspection of property in legal proceedings
• 39 Vexatious proceedings
• 40 Power of court with regard to costs
• 41 Power to revive orders on abatement of cause

PART 3--Sittings and distribution of business

• 42 Abolition of terms
• 43 Reference to terms for computing time
• 44 Sitting in vacation
• 45 Time and place of sittings
• 46 Adjournment from time to time and place to place
• 46A Sittings in open court or in chambers
• 46B Sittings required by proclamation
• 47 Distribution of business
• 48 Jurisdiction of single judge, master, etc
• 48A Jurisdiction of judicial registrar
• 49 Questions of law reserved for Court of Appeal
• 50 Appeals

PART 4--Procedure generally

• 63 Criminal procedure
• 64 Saving of existing procedure
• 65 Mediation and conciliation
• 66 Trial of issues by arbitrator
• 67 Expert reports
• 71 Assessors
• 72 Rules of court

PART 6--Officers of the court

Division 1--Registrar

• 82 The registrar

Division 2--Tipstaves

• 106 Appointment of tipstaves
• 107 Duty of tipstaves
• 108 Other duties

Division 3--Further provisions as to officers

• 109 Appointment of other officers
• 110 Duties of officers
• 110A Administrative and ancillary staff
• 110B Responsibilities of non-judicial staff

PART 7--Miscellaneous provisions

• 110C Immunities
• 111 Rules as to division of loss upon collision at sea
• 112 Damages for personal injuries
• 113 Right of contribution
• 114 Interest on judgment debts
• 117 Orders to bring prisoners for examination
• 118 Legal process
• 118A Service
• 119 Suitors' funds to vest in master
• 120 Securities in court
• 121 Liability of Treasurer for default of master
• 122 Banking and investment of suitors' funds
• 123 Investments made under order of the court
• 124 Validity of payments etc pursuant to rules of court
• 125 Remittances by post
• 126 Power to appoint deputies
• 126A Certain trials of sexual offences to be given priority
• 127 Rules of Court
• 128 Payment to the Treasurer of unclaimed suitors' funds
• 129 Party subsequently claiming may petition the Supreme Court etc
• 130 Court fees
• 131 Accessibility to court records
• SCHEDULE -Acts repealed
Legislative history