SUPREME COURT ACT 1935 - SECT 5

SUPREME COURT ACT 1935 - SECT 5

5—Interpretation

        (1)         In this Act, unless the context otherwise requires, or some other meaning is clearly intended—

"cause" includes any action, suit, or other original proceeding between a plaintiff and a defendant;

"court" means the Supreme Court of South Australia;

"Court of Appeal" means the Division of the Supreme Court established under section 19A;

"defendant" includes every person served with any writ of summons or process or served with notice of, or entitled to attend any proceeding;

"evidentiary material" means any document, object or substance of evidentiary value in proceedings before the court and includes any document, object or substance that should, in the opinion of the court, be produced for the purpose of enabling the court to determine whether or not it has evidentiary value;

"existing" means existing at the time of the passing of this Act;

"formerly", when used in relation to the courts or the law or practice in England, means prior to the Supreme Court of Judicature Act 1873 and when used in relation to the court or the law or practice in South Australia, means before the passing of the Supreme Court Act 1878 ;

"judge" includes the Chief Justice, the President and any puisne judge of the court;

"judgment" includes decree;

"judicial registrar" means a Supreme Court judicial registrar;

"jurisdiction" of the court includes powers and authorities (whether of a judicial, ministerial or administrative nature) vested in the court, a judge, or a master by law or custom;

"master" means a person holding the office of master of the court;

"matter" includes every proceeding in the court not in a cause;

"order" includes rule;

"parties" includes as well as the plaintiff and defendant in the action any person not originally a party against whom any counterclaim is set up, or who has been served with notice to appear under any of the rules of court; and also every person served with notice of or attending any proceeding, although not named on the record;

"plaintiff" means a person who brings any form of proceeding in the court (other than an appeal)—

            (a)         asserting a right to any form of relief against another; or

            (b)         asking the court to exercise a power or discretion,

and includes a defendant making a claim against another by way of counterclaim or third-party claim;

"pleading" includes any summons, and also the statement in writing of the claim or demand of any plaintiff and of the defence of any defendant thereto, and also any other matter by rules of court to be included under the term "pleading";

"President" means the President of the Court of Appeal;

"registrar" means a person holding, or acting in, the office of registrar of the court, but does not include a judicial registrar;

"rules of court" includes forms;

"suit" includes action;

"suitors' funds" means moneys in the custody or charge of the court that have been paid into the court for or on account of, or to the use or credit of, any person in a cause or matter, and includes interest and accretions upon any such moneys.

        (2)         Subject to the rules of court, a reference in an Act, or in any regulation, by-law, or instrument made under an Act, to the master or a deputy master of the court shall—

            (a)         where the reference occurs in connection with the performance of an act of a judicial nature—be construed as a reference to a master; and

            (b)         where the reference occurs in connection with the performance of an act of an administrative nature—be construed as a reference to the registrar.