Australian Capital Territory Supreme Court Act 1933 (Cth)

Australian Capital Territory Supreme Court Act 1933

No. 34, 1933

Compilation date: 24 November 2009

Includes amendments up to: Act No. 109, 1988

About this compilation

This compilation

This is a compilation of the Australian Capital Territory Supreme Court Act 1933 that shows the text of the law as amended and in force on 24 November 2009 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

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Contents Part I—Preliminary 1 Short Title 3 Commencement 5 Interpretation Part II—Constitution and Jurisdiction of the Supreme Court 6 Establishment of Supreme Court 7 Appointment and tenure of Judges 7AA Appointments between 1 July 1990 and 30 June 1992 7A Acting Chief Justice 7B Arrangement of business of Court 8 Exercise of jurisdiction 8AAA Exercise of jurisdiction by Master 8AAB Exercise of jurisdiction by Registrar 8AA Exercise of jurisdiction in relation to legal practitioners 8AB Power of Judge to order that jurisdiction in a matter be exercised by not less than 3 Judges 8AC Manner in which question to be decided where jurisdiction exercised by 3 or more Judges 8AD Exercise by Court of powers of Master 8A Holding of other judicial offices 8B Salary and allowances of Judges 9 Principal seat of court and sittings 10 Oath of allegiance and office by Judge 11 Jurisdiction of Supreme Court 12 Jurisdiction in Chambers 14 Trial without jury 15 Costs 16 Service of writs out of the jurisdiction of the Court 17 Law and equity to be concurrently administered 18 Equities of plaintiff 19 Equities of defendant 20 Counter claims and third parties 21 Equities appearing incidentally 22 Defence or stay instead of injunction or prohibition 23 Common law and statutory rights and duties 24 Determination of matter completely and finally 25 Rules of equity to prevail 26 Mandamus, injunctions and receivers 27 Practice and procedure 28 Rules of Court 29 Regulations relating to fees Part III—The Master 30 The Master 31 Powers and duties of Master 32 Appointment of Master 33 Term of office 33A Oath or affirmation of office 33B Remuneration and allowances 33C Resignation 33D Removal from office 33E Terms and conditions of appointment not provided for by Act 33F Acting appointments Part IV—Officers 34 Registrar, Sheriff and other officers 35 Powers and duties of Registrar 35A Proceedings before Registrar in relation to winding‑up of companies 36 Sheriff 37 Powers of officers 37A Deputy Sheriffs Part V—General Matters of Procedure 38 Manner of giving evidence 39 Evidence by affidavit 40 Appearance by barrister or solicitor 41 Orders and commissions for examination of witnesses 42 Non‑appearance or absence of some defendants 43 Amendment of defect in proceedings 44 Formal defects to be amended 44A Reserved judgments 45 Matter heard at one place may be further dealt with at another place 46 Change of venue 47 Seal 48 Use of Seals 49 Date of process 50 Oaths and affirmations Part VII—Miscellaneous 53 Indictable offences 53A Interest up to judgment 54 Interest on judgments 55 Security of the peace and for good behaviour 56 Powers of Judge 57 Duty of receiver and manager 58 Liability and protection of receivers and managers 59 Action by or against Sheriff etc. Endnotes Endnote 1—Legislation history Endnote 2—Amendment history An Act to establish a Supreme Court of the Australian Capital Territory, and for other purposes