SUPREME COURT CIVIL PROCEDURE ACT 1932
SUPREME COURT CIVIL PROCEDURE ACT 1932
- Act 58 of 1932
- Royal Assent 2 August 1933
TABLE OF PROVISIONS
Long Title
PART I - Jurisdiction, Procedure, and Practice as to Exercise of
Jurisdiction, and Rules of Law
1. Short title and commencement
2. Repeals
3. Interpretation
4. Supreme Court may exercise jurisdiction in Admiralty actions
5. Jurisdiction of Supreme Court under this Act to be exercised by it
as one Court
6. How jurisdiction to be exercised
7. References in unrepealed statutes to forms of proceeding: How
interpreted
8. Provision as to exercise of summary jurisdiction
9. Application of Act
10. Law and equity to be administered concurrently
11. Miscellaneous rules of law
12. Jurisdiction as to costs
13. Costs of actions brought in Supreme Court which might have been
brought in an inferior court
PART II - Organization of Court and Allocation of Business
14. Organization of Court
15. Causes and matters to be brought before Full Court
16. Causes and matters to be brought before single judge
17. Reservation of cases and questions for determination by Full Court
18. Section 18
PART III - Sittings
18A. Section 18A
19. Business and sittings of Court
20. Reserved judgments
20A. Section 20A
21. Section 21
22. Section 22
23. Section 23
24. Section 24
25. Section 25
PART IV - Trial
26. Actions to be tried at civil trial sittings
27. Power of Full Court or judge to order any question to be tried at
civil trial sittings
28. Transfer to inferior courts of civil jurisdiction of actions and
counter-claims founded on contract or tort
29. Trial at civil trial sittings may be with or without a jury
30. Section 30
31. Section 31
32. Act not to affect mode of giving evidence on jury trials, rules of
evidence, or law as to juries
33. Right to have issue for trial by jury submitted to jury with a
proper and complete direction
34. Recovery of interest on debts
35. Recovery of interest on debts
35A. Interest on judgments
36. Questions of foreign law to be decided by judge
37. Court to have power to call in assessors
37A. Power of Court to refer action, &c., to arbitrator
37B. Power of Court to compel attendance before arbitrator
37C. Statement of special case for opinion of Court
37D. Examination of parties and witnesses
37E. Persons not compelled to answer certain questions
37F. Evidence received by arbitrator
37G. Costs of arbitration
38. Section 38
PART V - New Trials and Appeals
39. Applications for new trial or to set aside verdict, &c.
40. Appeals
41. Appeal in cases where jurisdiction is discretionary or exercisable as
result of judge's opinion
42. Persons by whom appeals may be instituted
43. Cases in which no appeal lies
44. Appeals as to costs only, and appeals by a person admitted to sue
or defend as a poor person
45. Appeals from judgments given in exercise of discretionary jurisdiction
46. Appeal to be by way of rehearing
47. Powers of Full Court on hearing of appeals
48. Power of Full Court to receive further evidence
49. Powers of Full Court where only part of judgment appealed from
50. When new trial not to be granted
51. Judgment obtained by fraud may be set aside by application for new
trial or an action
52. Section 52
PART VI - Proceedings at the Suit of, and Against, the Crown
53. Interpretation
54. Section 54
55. Actions by the Crown in respect of rights which do not directly
concern the Crown
56. Actions to establish trust for charity generally
57. Actions to recover or protect property subject to trust for charity
58. Cases in which Attorney-General is required to be made a party or
cited
59. Actions for declaration that property is subject to a trust for
public purposes
60. Actions relating to administration of property subject to trust for
public purposes
61. Relators
62. Proceedings relating to property subject to trust for particular
charities
63. Power of Attorney-General at any time to institute proceedings with
respect to any charitable trust
PART VII - Representative Proceedings Division 1 - Preliminary
64. Interpretation
65. Application of Part
Division 2 - Commencement of representative proceedings
66. Commencement of representative proceedings
67. Standing
68. Consent to be a group member not required
69. Persons under legal incapacity
70. Originating process
71. Right of group member to opt out
72. Causes of action accruing after commencement of representative
proceedings
73. Situation where fewer than 7 group members
74. Distribution costs excessive
75. Court may order discontinuance of proceedings in certain circumstances
76. Effect of discontinuance order under this Part
77. Determination of questions if not all common
78. Individual questions
79. Directions relating to commencement of further proceedings
80. Adequacy of representation
81. Stay of execution in certain circumstances
82. Approval of Court required for settlement or discontinuance
83. Settlement of individual claim of representative party
Division 3 - Notices
84. Notice to be given of certain matters
85. Notices under section 84
Division 4 - Powers of Court
86. Judgment – powers of Court
87. Constitution, &c., of fund
88. Effect of judgment
Division 5 - Appeals
89. Appeals
Division 6 - Miscellaneous
89A. Costs
89B. Suspension of limitation periods
89C. General power of Court to make orders
89D. Reimbursement of representative party’s costs
PART VIII - Proceedings in Lunacy
90. No commission in nature of a writ of de lunatico inquirendo to be
issued
91. Section 91
92. Section 92
93. Section 93
94. Section 94
95. Section 95
96. Section 96
97. Section 97
98. Section 98
99. Section 99
100. Section 100
101. Section 101
102. Section 102
103. Section 103
104. Section 104
105. Section 105
106. Section 106
107. Section 107
108. Section 108
109. Section 109
110. Section 110
111. Section 111
112. Section 112
113. Section 113
114. Section 114
115. Section 115
116. Section 116
117. Section 117
118. Section 118
119. Section 119
120. Section 120
121. Section 121
122. Section 122
123. Section 123
124. Section 124
125. Section 125
126. Section 126
127. Section 127
128. Section 128
129. Section 129
130. Section 130
131. Section 131
132. Section 132
133. Section 133
134. Section 134
135. Section 135
136. Section 136
137. Section 137
138. Section 138
139. Section 139
140. Section 140
141. Section 141
142. Section 142
143. Section 143
144. Section 144
145. Section 145
146. Section 146
147. Section 147
148. Section 148
149. Section 149
150. Section 150
151. Section 151
152. Section 152
153. Section 153
154. Section 154
155. Section 155
156. Section 156
157. Section 157
158. Section 158
159. Section 159
160. Section 160
161. Section 161
PART IX - Enforcement of Judgments and Execution
162. Interpretation
163. Powers of Court as to enforcement of its judgments
164. Judgment for sum of money to have same effect as judgment at
Common Law
165. Judgments to carry interest
166. Charging order on Government stock or shares in companies belonging
to judgment debtor
167. Charging order to be made ex parte in first instance, and on
notice to bank or company to act as a distringas
168. Provisions of sections 166 and 167 to extend to contingent interest
in stock and shares and the dividends thereof, and to stock,
&c., in Court
169. Execution of instruments by order of Court
PART X - Enforcement in Tasmania of Judgments Obtained in Superior
Courts in Other Parts of His Majesty's Dominions
170. Interpretation
171. Enforcement in this State of judgments obtained in superior courts
in other British dominions
172. Cases in which the judgments mentioned in section 171 are not to
be registered in the Court
173. Effect of registration of judgment
174. Rules of Court
175. Costs of action on a judgment which might have been registered
under this Part, but has not been so registered
176. Issue of certificates of judgments obtained in this State
177. Extent of this Part
PART XI - Jurisdiction of Inferior Courts
178. Power of Governor to confer jurisdiction in equity on any inferior
court of civil jurisdiction
179. Jurisdiction conferred under section 178 may be limited or conferred
subject to conditions
180. Power of Governor to extend any of the provisions of this Act to
any inferior court of civil jurisdiction
181. Transfer to Court of proceedings in equity where subject-matter
exceeds limit of jurisdiction of inferior court
182. Inferior court having jurisdiction at law and in equity may grant
same relief, and give effect to same defences and counter-claims, as
the Court
183. Counter-claims in inferior courts, and transfers therefrom
184. Procedure on transfer of causes from the Court to inferior court of
civil jurisdiction
185. Provisions of section 11 to apply to all courts in which they can
be applied
PART XII - Officers and Offices
186. Establishment of district registries
187. Seal of district registry
188. Original proceedings may be instituted in any registry
189. Transfer of proceedings from one registry to another
190. Transfer for purpose of application
191. Production of books, &c., at district registry
191A. Section 191A
191B. Effect of, and appeal from, orders of the Associate Judge
PART XIII - Miscellaneous Provisions
192. Right of judges to act judicially in cases relating to rates and
taxes
193. Appointment of commissioners
194. Suitors' funds to vest in the Registrar
194A. Securities in Court
194B. Liability of Public Account for default of the Registrar
194C. Banking and investment of suitors' funds
194D. Investment made under order of court
194E. Validity of payments, &c., pursuant to Rules of Court
194F. Remittance by post
194G. Vexatious litigants
194H. Annual report
PART XIV - Rules
195. Rules of Court
196. Rules in Schedule II to regulate procedure and practice until
altered or annulled
197. Power of judges to make Rules of Court
198. Application of section 197
199. Application of section 197
200. Rules of Court may be made in substitution for statutory rules of
procedure
201. Provision for cases of doubt or difficulty
202. Rule Committee
203. Rules of Court to be recommended or approved of by Rule Committee
204. Rules of Court to be laid before Parliament
205. Provisions of this Act as to authority by whom and manner in which
Rules of Court shall be made exhaustive
SCHEDULE 1
SCHEDULE 2
[ Note: This table has been automatically generated and may be incomplete. ]