Supreme Court Act 1935 (WA)

Western Australia Supreme Court Act 1935 Western Australia Supreme Court Act 1935 Contents Part I — Preliminary 1. Short title and commencement 2 3. Repeal and savings 2 4. Terms used 3 4A. Application of Act 6 5. Construction of other Acts and documents 6 6A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 6 Part II — Constitution of the Supreme Court 6. Supreme Court of Western Australia 7 7. Divisions of the Court 7 7A. Appointment of judges, judges of appeal, Chief Justice and President 9 8. Qualification of judges and acting judges 10 9. Tenure of judges and oaths of office 10 9A. Resignation of judges 10 9B. Seniority of judges and masters 11 10. Acting Chief Justice 12 10A. Acting President 13 10B. Acting judges of appeal 13 10C. Judge of appeal may sit in General Division if approved 14 11. Acting judges 14 11AA. Auxiliary judges 15 11A. Masters 17 11B. Master, terms of appointment of 17 11D. Acting masters 19 11E. References to master in other Acts 20 12. Judge or master may act in cases of rates etc. even if a ratepayer etc. 21 13. Oath of office 22 15. Seal of Supreme Court 22 Part III — Jurisdiction and law Division 1 — Jurisdiction 16. General jurisdiction 23 17. Court may transfer case to lower court 25 18. Probate jurisdiction 26 20. Appellate jurisdiction 26 21. Jurisdiction to be exercised according to this Act and rules of court 27 22. Saving of former procedure 28 23. Supreme Court authorised to perform certain acts required to be performed by courts in England 29 Division 2 — Law and equity 24. Law and equity to be concurrently administered 29 Division 3 — Miscellaneous rules of law 25. Rules of law upon certain points 33 26. Liability for damage to property due to fault of 2 or more vessels 34 27. Liability for loss of life etc. due to fault of 2 or more vessels 35 28. Right of contribution where liability for loss of life etc. due to fault of 2 or more vessels 36 30. Sections 26 to 28 subject to Navigation Act 2012 (Cwlth) 36 32. Pre‑judgment interest, Court may order 37 33. Judgments and orders, correction of 37 34. Rules of law in this Act to apply in all courts 38 36. Quo warranto 38 37. Costs 38 Part IV — Sittings and distribution of business Division 1 — Sittings and vacations 38. Court may sit at any time and at any place 39 39. Civil sittings in Perth 39 40. Criminal sittings in Perth 39 41. Single judge to preside unless Court of Appeal to do so 39 42. Civil actions, trial with or without jury 40 43. Judge may reserve case etc. for Court of Appeal 41 44. Court vacations 42 45. Hearings during court vacations 42 Division 2 — Circuit towns 46. Circuit towns and sittings in them 42 48. Term used: circuit court 44 Division 3 — Jurisdiction of a commissioner 49. Commissioners, appointment of etc. 44 Division 4 — Inquiries and trials by referees 50. Question in civil matter may be referred to referee etc. 46 51. Trial of civil matter may be referred to referee etc. 46 52. Referee's powers and remuneration; effect of referee's report 47 53. Court to have powers as to references by consent 47 54. Referee may state case on question of law 47 55. Costs etc. of reference 48 Division 5 — Assessors 56. Trial with assessors 48 Division 6 — The Court of Appeal 57. Court of Appeal, constitution of 48 58. Court of Appeal, jurisdiction of 50 59. New trial etc., application for and ordering 52 60. Restriction on appeals 53 61. Powers of single judge of appeal and master 54 62. Divided decisions, effect of 55 Part V — Arrest in pending actions 63. Defendant about to leave jurisdiction, arrest of 57 64. Security by defendant 58 65. Security etc. to be subject to the Court 59 66. Costs 59 67. Discharge of defendant from custody 59 68. Sheriff etc. to indorse date of arrest 59 Part VI — Mediation 69. Terms used 60 70. Protection of mediator 60 71. Privilege 60 72. Confidentiality 62 Part IX — Officers and offices 154. Attorney General 63 155. Registrars and other officers 64 155A. Personal staff for judges and masters 65 156. Sheriff 66 158. Sheriff may appoint deputies 66 165. Saving of sheriff's common law rights etc. 67 166. Central Office 67 Part X — Rules of court 167. Rules of court, content of 68 168. Rules of court, making 73 170. Rules of court to be laid before Parliament, disallowance 73 171. Fees, regulations may prescribe 74 Part XI — Miscellaneous 172. Foreign law question to be decided by judge 76 173. Consent order for judgment to be filed 76 174. Officers etc. may be authorised to administer oaths 76 178. Habeas corpus proceedings 77 First Schedule — Enactments repealed Second Schedule — Oath and affirmation of office Notes Compilation table 83 Uncommenced provisions table 90 Other notes 90 Defined terms Western Australia Supreme Court Act 1935 An Act to consolidate and amend the law relating to the Supreme Court.