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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2005 (SR NO 148 OF 2005) - REG 77.01 Authority

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2005 (SR NO 148 OF 2005) - REG 77.01

Authority

Subject to this Order, a Master, in addition to exercising the powers and authorities conferred by any other provision of these Rules or any Act, may—

        (a)     in any proceeding to which these Rules apply, give any judgment or make any order, including any judgment or order in the exercise of the inherent jurisdiction of the Court;

        (b)     hear and determine any application and exercise any powers and authorities under the following statutory provisions—

    Administration and Probate Act 1958 , section 65, and Part IV, where an order is sought under that Part by consent;

            Administrative Law Act 1978 , sections 3, 4, 5, 6;

Associations Incorporation Act 1981 , sections 34 and 37(2);

    Evidence Act 1958 , Divisions 1, 1A, 1B and 1C of Part I, section 42E;

            Guardianship and Administration Act 1986 , section 66;

    Instruments Act 1958 , section 5;

Legal Profession Act 2004 , section 3.4.33;

            Property Law Act 1958 , section 84(3) and, where the application is not opposed, the other provisions of section 84;

        Service and Execution of Process Act 1992 of the Commonwealth, sections 17(1), 18(3), 19(1), 25(1), 30(1), 33, 35(3), 39(1), 43, 44(1), 45(3), 57(1), 61, 67(1), 71, 72(1), 87(4), 105(4), 106(1);

            Supreme Court Act 1986 , sections 18, 22, 24, 32, 51A, 58, 59, 60, 76, 77 and 78 and, where otherwise the Master would exercise jurisdiction under these Rules to give or the plaintiff would be entitled under these Rules to enter judgment for the possession of land, section 85;

    Transport Accident Act 1986 , section 71;

            Trustee Act 1958 , sections 48(1) and 63A(1)(a) and (3) in respect of trusts entered into in consequence of an order of the Court made in respect of moneys held or to be held on behalf of a person under a disability;

        (c)     hear and determine—

              (i)     an application under any Act for payment or transfer to any person of any money or securities in Court, including any interest;

              (ii)     an application for or relating to the sale of property by auction or private contract, and for payment into court and investment of the purchase money.