Western Australian Consolidated Acts

SUPREME COURT ACT 1935

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title and commencement  
   3.      Repeal and savings  
   4.      Terms used in this Act  
   4A.     Application  
   5.      Construction of other Acts and documents  

   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  
   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  
   11D.    Acting masters  
   11E.    References to the 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  
           (1) Jurisdiction  

   16.     General jurisdiction  
   17.     Court may transfer case to lower court  
   18.     Probate jurisdiction  
   20.     Appellate jurisdiction  
   21.     Jurisdiction to be exercised in accordance with 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  
           (2) Law and Equity  
   24.     Law and equity to be concurrently administered  
           (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 the Navigation Act 1912 (Cwlth)  
   31.     Interest payable under contract and otherwise  
   32.     Court may order pre-judgment interest  
   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  
           (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  
           (2) Circuit Towns  
   46.     Circuit towns, and sittings in them  
   48.     Meaning of “circuit court”  
           (3) Jurisdiction of a Commissioner  
   49.     Commissioners, jurisdiction of etc.  
           (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  
           (5) Assessors  
   56.     Trial with assessors  
           (6) The Court of Appeal  
   57.     Court of Appeal, constitution of  
   58.     Court of Appeal, jurisdiction  
   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 in this Part  
   70.     Protection of mediator  
   71.     Privilege  
   72.     Confidentiality  

   PART IX -- Officers and offices  

   154.    Attorney General  
   155.    Registrars and other officers  
   155A.   Employment of 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  
   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  
           FIRST SCHEDULE
           SECOND SCHEDULE
           Compilation table