SUPREME COURT ACT 1935
Table of Provisions
PART I -- Preliminary
PART II -- Constitution of the Supreme Court
- 6 Supreme Court of Western Australia
- 7 Divisions of the Court
- 7A Appointment of judges, judges of appeal, Chief Justice and President
- 8 Qualification of judges and acting judges
- 9 Tenure of judges and oaths of office
- 9A Resignation of judges
- 9B Seniority of judges and masters
- 10 Acting Chief Justice
- 10A Acting President
- 10B Acting judges of appeal
- 10C Judge of appeal may sit in General Division if approved
- 11 Acting judges
- 11AA Auxiliary judges
- 11A Masters
- 11B Master, terms of appointment of
- 11D Acting masters
- 11E References to master in other Acts
- 12 Judge or master may act in cases of rates etc. even if a ratepayer etc.
- 13 Oath of office
- 15 Seal of Supreme Court
PART III -- Jurisdiction and law
Division 1 -- Jurisdiction
- 16 General jurisdiction
- 17 Court may transfer case to lower court
- 18 Probate jurisdiction
- 20 Appellate jurisdiction
- 21 Jurisdiction to be exercised according to this Act and rules of court
- 22 Saving of former procedure
- 23 Supreme Court authorised to perform certain acts required to be performed by courts in England
Division 2 -- Law and equity
- 24 Law and equity to be concurrently administered
Division 3 -- Miscellaneous rules of law
- 25 Rules of law upon certain points
- 26 Liability for damage to property due to fault of 2 or more vessels
- 27 Liability for loss of life etc. due to fault of 2 or more vessels
- 28 Right of contribution where liability for loss of life etc. due to fault of 2 or more vessels
- 30 Sections 26 to 28 subject to Navigation Act 2012 (Cwlth)
- 32 Pre-judgment interest, Court may order
- 33 Judgments and orders, correction of
- 34 Rules of law in this Act to apply in all courts
- 36 Quo warranto
- 37 Costs
PART IV -- Sittings and distribution of business
Division 1 -- Sittings and vacations
- 38 Court may sit at any time and at any place
- 39 Civil sittings in Perth
- 40 Criminal sittings in Perth
- 41 Single judge to preside unless Court of Appeal to do so
- 42 Civil actions, trial with or without jury
- 43 Judge may reserve case etc. for Court of Appeal
- 44 Court vacations
- 45 Hearings during court vacations
Division 2 -- Circuit towns
- 46 Circuit towns and sittings in them
- 48 Term used: circuit court
Division 3 -- Jurisdiction of a commissioner
- 49 Commissioners, appointment of etc.
Division 4 -- Inquiries and trials by referees
- 50 Question in civil matter may be referred to referee etc.
- 51 Trial of civil matter may be referred to referee etc.
- 52 Referee’s powers and remuneration; effect of referee’s report
- 53 Court to have powers as to references by consent
- 54 Referee may state case on question of law
- 55 Costs etc. of reference
Division 5 -- Assessors
Division 6 -- The Court of Appeal
- 57 Court of Appeal, constitution of
- 58 Court of Appeal, jurisdiction of
- 59 New trial etc., application for and ordering
- 60 Restriction on appeals
- 61 Powers of single judge of appeal and master
- 62 Divided decisions, effect of
PART V -- Arrest in pending actions
- 63 Defendant about to leave jurisdiction, arrest of
- 64 Security by defendant
- 65 Security etc. to be subject to the Court
- 66 Costs
- 67 Discharge of defendant from custody
- 68 Sheriff etc. to indorse date of arrest
PART VI -- Mediation
- 69 Terms used
- 70 Protection of mediator
- 71 Privilege
- 72 Confidentiality
PART IX -- Officers and offices
- 154 Attorney General
- 155 Registrars and other officers
- 155A Personal staff for judges and masters
- 156 Sheriff
- 158 Sheriff may appoint deputies
- 165 Saving of sheriff’s common law rights etc.
- 166 Central Office
PART X -- Rules of court
- 167 Rules of court, content of
- 168 Rules of court, making
- 170 Rules of court to be laid before Parliament, disallowance
- 171 Fees, regulations may prescribe
PART XI -- Miscellaneous
- 172 Foreign law question to be decided by judge
- 173 Consent order for judgment to be filed
- 174 Officers etc. may be authorised to administer oaths
- 178 Habeas corpus proceedings