SUPREME COURT ACT 1970

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 The Crown
4. (Repealed)
• 5 Repeals
• 6 Inconsistency with rules
7. (Repealed)
• 8 Construction of references
• 9 Non-revivor
Division 2 - Abolition of certain matters 10. (Repealed)
• 11 Distinction between court and chambers
• 12 Quo warranto
Division 3 - Transition
• 13 Judges
• 14 Masters
• 15 Registrars and other officers
• 16 Pending proceedings
Division 4 - Savings
• 17 Criminal proceedings
• 18 Appeal to Privy Council
Division 5 - Interpretation
• 19 Definitions generally
20, 21. (Repealed)
• 21A Construction of references to Divorce Division

PART 2 - THE COURT

• 22 Continuance
• 23 Jurisdiction generally
• 24 Court to have powers of Judges etc
Division 2 - The Judges generally
• 25 Composition of Court
• 26 Appointment and qualifications: Chief Justice and other Judges
• 27 Chief Judges
• 28 List Judges
• 28A Special provisions as to Chief Judges who are not Judges of Appeal
• 29 Remuneration
• 30 Interest in rate or tax
Division 3 - Judges of Appeal
• 31 Appointment
• 32 Appointment of President
• 33 Seniority
• 34 Vacancies
Division 4 - Acting and additional appointments
• 35 Acting Chief Justice
• 36 Additional Judges of Appeal
• 37 Acting Judges
• 37A Certain Chief Judges of other courts may act as additional Judges of Appeal
• 37B Land and Environment Court Judges may act as Supreme Court Judges
37C. (Repealed) Division 5 - Organisation
• 38 Divisions of Court
• 39 Intra-curial arrangements
• 40 Single Judge to constitute the Court
• 41 Judges in the Divisions
Division 6 - The Court of Appeal
• 42 Composition
• 43 Sittings
• 43A Multiple sittings
• 44 Jurisdiction
• 45 Appeals
• 45AA Continuation of appeal if one or more Judges unable to continue
• 45A Judgment of Court of Appeal may be delivered by single Judge of Appeal
• 46 Powers of Judge of Appeal
• 46A Certain appeals may be heard by 2 Judges of Appeal
• 46B Certain other matters may be heard by 2 Judges

PART 3 - DISTRIBUTION OF BUSINESS

• 48 Assignment to the Court of Appeal
• 49 Assignment to the Divisions
50. (Repealed)
• 51 Removal and remission
Division 2 - Distribution amongst Divisions
• 52 Arrangements for despatch of business
• 53 Assignment of business
• 54 Transfer and retention
• 55 Validity of proceedings in any Division
Division 3 - (Repealed) None

PART 4 - LAW AND EQUITY

• 57 Concurrent administration
• 58 Equities of plaintiff
• 59 Equitable defences
• 60 Incidental equities
• 61 Defence or stay instead of injunction
• 62 Common law and statutory rights and duties
• 63 Final determination
64. (Repealed)

PART 5 - POWERS

• 65 Order to fulfil duty
• 66 Injunction
• 67 Receiver
• 68 Damages in case for equitable relief
• 69 Proceedings in lieu of writs
• 69A Releases on bail and custody of claimants seeking judicial review of conviction or sentence
• 69B Other powers in relation to claimants for judicial review of convictions and sentences
• 69C Stay of execution of conviction, order or sentence pending review
• 69D Court may confirm conviction, order or sentence
• 70 Ouster of office
• 71 Habeas corpus
• 71A Powers of Court in relation to warrants in respect of convictions or orders of Local Court
• 71B Person to be remanded to former custody
• 72 Production of person confined
• 73 Relief against forfeiture
• 74 Discharge of lien or security
• 75 Declaratory relief
• 75A Appeal
76-76C. (Repealed) Division 2 - (Repealed) None

PART 6 - PROCEDURE

• 77 Procedures under other Acts superseded
78-82. (Repealed)
• 83 Examination on oath
84. (Repealed) Division 2 - Trial
• 85 Trial without jury unless jury required in interests of justice
86-89. (Repealed)
• 90 Special verdict
Division 3 - Judgments and orders
• 91 Judgment
92-95. (Repealed)
• 96 Effect of judgment or order
97. (Repealed) Division 4 - (Repealed) None

PART 7 - APPEAL TO THE COURT OF APPEAL

• 101 Appeal in proceedings before the Court
• 101A Question of law concerning criminal contempt may be submitted to Court of Appeal
• 102 Appeal after jury trial
• 103 Appeal from separate decision
• 104 Exclusion of appeal from associate Judges and others
• 105 Application of secs 106, 107
• 106 New trial because of subsequent matters
• 107 Substituted verdict
• 108 Nonsuit or verdict after jury trial
• 109 Effect of minor variations to judgments, orders or injunctions appealed against
• 110 Disqualification of Judge of Appeal
PARTS 7A, 7B - (Repealed) None

PART 8 - ASSOCIATE JUDGES AND OFFICERS

• 111 Appointment of associate Judges and acting associate Judges
• 112 Terms of appointment
• 113 Government Sector Employment Act 2013
• 114 Superannuation Act 1916
• 115 Resignation and tenure of associate Judges and acting associate Judges
• 116 Assignment
• 117 Seniority
• 117A Powers: associate Judge in Court of Appeal
• 118 Powers: divisional associate Judge
Division 2 - Registrars and other officers
• 119 Offices of registrars
• 120 Appointment
• 120A Exercise of powers of registrar and deputy registrar by other officers
• 121 Powers

PART 9 - RULES OF COURT

• 122 Rules taken to have effect as rules made by the Rule Committee
• 123 Rule Committee
• 123A Deputies for barrister and solicitor members
• 124 Rule-making power
• 125 Arrangements for exchange of information between Court and foreign courts

PART 9A - BROADCAST OF JUDGMENTS

• 126 Application of Part
• 127 Interpretation
• 128 Presumption in favour of permitting recording and broadcast of judgment remarks

PART 10 - SUPPLEMENTAL

• 129 Savings and transitional provisions
• 130 Fees and percentages
• 131 Disrespectful behaviour in Court
• SCHEDULE 1
Schedule 2 (Repealed)
• SCHEDULE 3
• SCHEDULE 4