• Specific Year
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SUPREME COURT ACT 1935

Table of Provisions

PART I -- Preliminary  

PART II -- Constitution of the Supreme Court  

  • 6 Supreme Court of Western Australia
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  • 7 Divisions of the Court
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  • 7A Appointment of judges, judges of appeal, Chief Justice and President
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  • 8 Qualification of judges and acting judges
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  • 9 Tenure of judges and oaths of office
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  • 9A Resignation of judges
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  • 9B Seniority of judges and masters
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  • 10 Acting Chief Justice
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  • 10A Acting President
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  • 10B Acting judges of appeal
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  • 10C Judge of appeal may sit in General Division if approved
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  • 11 Acting judges
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  • 11AA Auxiliary judges
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  • 11A Masters
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  • 11B Master, terms of appointment of
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  • 11D Acting masters
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  • 11E References to master in other Acts
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  • 12 Judge or master may act in cases of rates etc. even if a ratepayer etc.
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  • 13 Oath of office
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  • 15 Seal of Supreme Court

PART III -- Jurisdiction and law

Division 1 -- Jurisdiction  

  • 16 General jurisdiction
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  • 17 Court may transfer case to lower court
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  • 18 Probate jurisdiction
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  • 20 Appellate jurisdiction
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  • 21 Jurisdiction to be exercised according to this Act and rules of court
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  • 22 Saving of former procedure
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  • 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
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  • 26 Liability for damage to property due to fault of 2 or more vessels
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  • 27 Liability for loss of life etc. due to fault of 2 or more vessels
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  • 28 Right of contribution where liability for loss of life etc. due to fault of 2 or more vessels
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  • 30 Sections 26 to 28 subject to Navigation Act 2012 (Cwlth)
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  • 32 Pre-judgment interest, Court may order
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  • 33 Judgments and orders, correction of
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  • 34 Rules of law in this Act to apply in all courts
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  • 36 Quo warranto
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  • 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
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  • 39 Civil sittings in Perth
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  • 40 Criminal sittings in Perth
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  • 41 Single judge to preside unless Court of Appeal to do so
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  • 42 Civil actions, trial with or without jury
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  • 43 Judge may reserve case etc. for Court of Appeal
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  • 44 Court vacations
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  • 45 Hearings during court vacations

Division 2 -- Circuit towns  

  • 46 Circuit towns and sittings in them
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  • 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.
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  • 51 Trial of civil matter may be referred to referee etc.
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  • 52 Referee’s powers and remuneration; effect of referee’s report
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  • 53 Court to have powers as to references by consent
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  • 54 Referee may state case on question of law
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  • 55 Costs etc. of reference

Division 5 -- Assessors  

  • 56 Trial with assessors

Division 6 -- The Court of Appeal  

  • 57 Court of Appeal, constitution of
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  • 58 Court of Appeal, jurisdiction of
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  • 59 New trial etc., application for and ordering
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  • 60 Restriction on appeals
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  • 61 Powers of single judge of appeal and master
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  • 62 Divided decisions, effect of

PART V -- Arrest in pending actions  

  • 63 Defendant about to leave jurisdiction, arrest of
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  • 64 Security by defendant
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  • 65 Security etc. to be subject to the Court
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  • 66 Costs
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  • 67 Discharge of defendant from custody
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  • 68 Sheriff etc. to indorse date of arrest

PART VI -- Mediation  

  • 69 Terms used
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  • 70 Protection of mediator
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  • 71 Privilege
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  • 72 Confidentiality

PART IX -- Officers and offices  

  • 154 Attorney General
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  • 155 Registrars and other officers
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  • 155A Personal staff for judges and masters
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  • 156 Sheriff
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  • 158 Sheriff may appoint deputies
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  • 165 Saving of sheriff’s common law rights etc.
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  • 166 Central Office

PART X -- Rules of court  

  • 167 Rules of court, content of
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  • 168 Rules of court, making
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  • 170 Rules of court to be laid before Parliament, disallowance
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  • 171 Fees, regulations may prescribe

PART XI -- Miscellaneous  

  • 172 Foreign law question to be decided by judge
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  • 173 Consent order for judgment to be filed
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  • 174 Officers etc. may be authorised to administer oaths
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  • 178 Habeas corpus proceedings

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