Supreme Court Act 1935 (SA)

South Australia Supreme Court Act 1935 An Act to consolidate and amend certain Acts relating to the Supreme Court.

Contents Part A1—Preliminary 1 Short title 3 Repeal 4 Savings 5 Interpretation Part 1—Constitution of the Supreme Court 6 Continuance of Supreme Court 6A Divisions of Supreme Court 7 Judicial officers of the court 8 Qualifications for appointment as judges and Associate Justices 9 Appointments to the court 9A The Chief Justice 9B President 10 Acting Chief Justice and Acting President 11 Acting judges and acting Associate Justices 12 Remuneration of judges and Associate Justices 13 Salaries of Judges, and officers to be in lieu of fees 13A Retirement of judges and Associate Justices 13B Special leave 13H Pre-retirement leave 13I Appointment and conditions of judicial registrars 13J Judicial registrar ceasing to hold office and suspension 14 Certain common interests do not disqualify 15 Seal of court 16 Councils of judges to consider procedure and administration of justice Part 2—Jurisdiction and powers of the court Division 1—General Division 17 General jurisdiction 18 Testamentary jurisdiction 19 Matrimonial jurisdiction Division 1A—Court of Appeal 19A Establishment of Court of Appeal 19B Jurisdiction 19C General requirements as to constitution of Court of Appeal 19D Powers Division 2—Law and equity 20 Concurrent administration of law and equity 21 Equities of plaintiff 22 Equitable defences 23 Counter-claims and third parties 24 Equities appearing incidentally 25 Defence instead of injunction or prohibition 26 Common law and statutory rights and duties 27 Court to do complete justice in cause so as to avoid multiplicity of suits 28 Rules of equity to prevail where in conflict with common law Division 3—Miscellaneous powers 29 Court may make orders to have effect of mandamus or injunction, and may appoint receivers 30 Damages in certain cases 30A Power to direct payment to infant 30B Power to make interim assessment of damages 30BA Consent orders for structured settlements 30C Power to award interest 31 Declaratory orders 32 Court may order mortgage instead of sale in certain cases 34 Court may direct sale of mortgaged property etc 35 Power to require attendance of witnesses and production of evidentiary material 36 Appointment of commissioners for taking affidavits 38 Inspection of property in legal proceedings 39 Vexatious proceedings 40 Power of court with regard to costs 41 Power to revive orders on abatement of cause Part 3—Sittings and distribution of business 42 Abolition of terms 43 Reference to terms for computing time 44 Sitting in vacation 45 Time and place of sittings 46 Adjournment from time to time and place to place 46A Sittings in open court or in chambers 46B Sittings required by proclamation 47 Distribution of business 48 Jurisdiction of single judge, Associate Justice, etc 48A Jurisdiction of judicial registrar 49 Questions of law reserved for Court of Appeal 50 Appeals Part 4—Procedure generally 63 Criminal procedure 64 Saving of existing procedure 65 Mediation and conciliation 66 Trial of issues by arbitrator 67 Expert reports 71 Assessors 72 Rules of court Part 6—Officers of the court Division 1—Registrar 82 The registrar Division 2—Tipstaves 106 Appointment of tipstaves 107 Duty of tipstaves 108 Other duties Division 3—Further provisions as to officers 109 Appointment of other officers 110 Duties of officers 110A Administrative and ancillary staff 110B Responsibilities of non-judicial staff Part 7—Miscellaneous provisions 110C Immunities 111 Rules as to division of loss upon collision at sea 112 Damages for personal injuries 113 Right of contribution 114 Interest on judgment debts 117 Orders to bring prisoners for examination 118 Legal process 118A Service 119 Suitors' funds to vest in registrar 120 Securities in court 121 Liability of Treasurer for default of registrar 122 Banking and investment of suitors' funds 123 Investments made under order of the court 124 Validity of payments etc pursuant to rules of court 125 Remittances by post 126 Power to appoint deputies 126A Certain trials of sexual offences to be given priority 127 Rules of Court 128 Payment to the Treasurer of unclaimed suitors' funds 129 Party subsequently claiming may petition the Supreme Court etc 130 Court fees 131 Accessibility to court records Schedule—Acts repealed Legislative history