Supreme Court Act 1970 (NSW)

Supreme Court Act 1970 No 52

An Act to provide for the concurrent administration of law and equity in the Supreme Court; to amend and consolidate the law with respect to the administration of justice and the procedure and practice of the Supreme Court; to repeal the Common Law Procedure Act 1899, the Equity Act 1901 and certain other Acts; to amend the Partnership Act 1892 and certain other Acts; and for purposes connected therewith.

Part 1 Preliminary

Division 1 General

1 Name of Act This Act may be cited as the Supreme Court Act 1970.

2 Commencement (1) Except as provided in subsection (2), this Act shall commence on a day to be appointed by the Governor and notified by proclamation published in the Gazette. (2) Part 9 shall commence on the date upon which the assent of Her Majesty to this Act is signified.

3 The Crown (1) Subject to this and any other Act, the Crown is bound by, and has the benefit of, this Act and the rules. (2) In subsection (1), Crown includes not only the Crown in right of New South Wales but also the Crown in all its other capacities.

4 (Repealed)

5 Repeals Each Act mentioned in the First Schedule to this Act is, to the extent therein expressed, hereby repealed.

6 Inconsistency with rules Any Act in force immediately before the commencement of this Act which is inconsistent with the rules shall be superseded to the extent of such inconsistency and while such inconsistency continues to exist.

7 (Repealed)

8 Construction of references (1) In any Act, rule of court or regulation in force immediately before the commencement of this Act— (a) a reference to the Court in Banco or to the Full Court or to the Court as a court consisting of two or more Judges shall be construed as a reference to the Court of Appeal, (b) a reference to the Court or to a Judge in any of the jurisdictions specified in the First Column of the Table below or to the practice or procedure of the Court in any of those jurisdictions shall be construed as a reference to the Division specified opposite that jurisdiction in the Second Column of that Table or, as the case may be, to the practice or procedure in that Division— Table First Column Second Column Jurisdiction Division Common Law Common Law Division Equity Equity Division Probate Probate Division Matrimonial Causes Divorce Division Protective Protective Division Admiralty Admiralty Division