Australian Capital Territory
Supreme Court Act 1933
A1933-34
Republication No 2 (RI)
Effective:  24 December 1993 – 13 March 1994
Republication date of printed version: 31 December 1993
Reissued electronically:  10 February 2017
Last amendment made by A1993-94

About this republication
The republished law
This is a republication of the Supreme Court Act 1933 effective 24 December 1993 to 13 March 1994.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.

Australian Capital Territory
supreme court act 1933
Reprinted as at 31 December 1993
TABLE OF PROVISIONS
Section
part I—preliminary
	1.	Short title
	2.	Interpretation
part II—constitution and jurisdiction of the supreme court
	3.	Establishment
	4.	Appointment and tenure of Judges
	4A.	Acting Judges—appointment and tenure
	5.	Seniority of Judges
	6.	Acting Chief Justice
	7.	Arrangement of business of Court
	8.	Exercise of jurisdiction
	9.	Exercise of jurisdiction by Master
	10.	Exercise of jurisdiction by Registrar
	11.	Exercise of jurisdiction—legal practitioners
	12.	Exercise of jurisdiction under subsections 46 (4) and 48 (2) of the Administrative Appeals Tribunal Act 1989 
	13.	Power of Judge to order that jurisdiction in a matter be exercised by the Full Court
	14.	Full Court decisions—equal division of opinion
	15.	Exercise by Court of powers of Master
	16.	Holding other judicial offices
	17.	Remuneration of Judges
	18.	Principal seat of court and sittings
	19.	Oath or affirmation of office—Judges
	20.	Jurisdiction and powers of the Supreme Court
	21.	Distinction between court and chambers
	22.	Trial by jury in civil proceedings
	23.	Costs
	24.	Service of writs out of the jurisdiction of the Court
	25.	Law and equity to be concurrently administered
	26.	Equities of plaintiff
	27.	Equities of defendant
	28.	Counter-claims and third parties
	29.	Incidental equities
	30.	Defence or stay of proceedings instead of prohibition or injunction
	31.	Common law and statute
	32.	Final determination of matters
	33.	Law and equity
	34.	Injunctions
	34A.	Receivers
	34B.	Prerogative remedies
	35.	Rules of practice and procedure—judicial discretion
	36.	Rules of Court
	37.	Regulations relating to fees
part iii—the master
	38.	The Master
	39.	Powers and duties of Master
	40.	Appointment of Master
	41.	Term of office
	41A.	Extension of term of office
	41B.	Terms and conditions not provided for by this Act
	41C.	Holding other offices
	42.	Oath or affirmation of office—Master
	43.	Resignation
	44.	Removal from office
	45.	Acting appointments
part iv—officers
	46.	Appointment
	46A.	Acting appointments
	47.	Functions of Registrar and Deputy Registrars
	48.	Oath or affirmation of office—Registrar
	49.	Proceedings before Registrar in relation to winding-up of companies
	50.	Functions of Sheriff
	51.	Deputy Sheriffs
	52.	Process of the Court where Sheriff or Deputy Sheriff is interested party
	53.	Sheriff’s assistants
part v—general matters of procedure
	54.	Manner of giving evidence
	55.	Evidence by affidavit
	56.	Appearance by barrister or solicitor
	57.	Orders and commissions for examination of witnesses
	58.	Non-appearance or absence of some defendants
	59.	Amendment of defects
	60.	Formal defects to be amended
	60A.	Completion of part-heard matters—expiration of term of office
	61.	Reserved judgments
	63.	Change of venue
	64.	Seal
	65.	Use of Seals
	66.	Date of process
	67.	Oaths and affirmations
part vii—TRIAL ON INDICTMENT
	68.	Prosecution of indictable offences
	68A.	Trial by jury in criminal proceedings
	68B.	Trial by Judge alone in criminal proceedings
	68C.	Verdict of Judge in criminal proceedings
part viii—summary offences related to
indictable offences
	68D.	Related summary offences
	68E.	Procedure
	68F.	Remission of related offences to Magistrates Court
part ix—miscellaneous
	69.	Interest up to judgment
	70.	Interest on judgments
	71.	Security of the peace and for good behaviour
	73.	Duty of receiver and manager
	74.	Liability and protection of receivers and managers
	75.	Regulations
schedule
oaths and affirmations of office

Australian Capital Territory
supreme court act 1933
An Act to establish a Supreme Court of the Australian Capital Territory, and for other purposes
part i—preliminary
Short title
1.  This Act may be cited as the Supreme Court Act 1933.1
Interpretation
2.  In this Act, unless the contrary intention appears—
“acting Judge” means an acting Judge appointed under subsection 4A (1);
“additional Judge” means a Judge appointed under subsection 4 (3);
“cause” includes any suit, and also includes criminal proceedings;
“Chief Justice” means the Chief Justice of the Court, and includes a Judge for the time being performing the duties and exercising the powers of the Chief Justice;
“Court” means the Supreme Court;
“criminal proceedings” means proceedings in the Court for the prosecution of a person on indictment;
“defendant” includes any person against whom any relief is sought in a matter or who is required to attend the proceedings in a matter as a party thereto;
“Deputy Registrar” means a Deputy Registrar of the Court;
“Deputy Sheriff” means a Deputy Sheriff of the Territory;
“Full Court” means the Court constituted by not less than 3 Judges sitting together;
“Judge” means a resident Judge, additional Judge or acting Judge;
“judgment” includes any decree, order or sentence;
“Judicature Act” means the Supreme Court of Judicature Act 1873 (36 & 37 Vic., Cap. 66) of the United Kingdom;
“Master” means the Master of the Court;
“matter” includes any proceeding in the Supreme Court, whether between parties or not, and also any incidental proceeding in a cause or matter;
“plaintiff” includes any person seeking any relief against any other person by any form of proceeding in a Court;
“pre-Judicature Act proceedings” means proceedings in the English Court of Chancery immediately before the commencement of the Judicature Act;
“President” means the President of the Australian Capital Territory Administrative Appeals Tribunal;
“process of the Court” includes a writ, summons, order, warrant and precept issued by the Court;
“Registrar” means the Registrar of the Court;
“related summary offence”, in relation to an indictable offence, means an offence punishable on summary conviction that arises from substantially the same circumstances as those from which the indictable offence has arisen;
“resident Judge” means the Chief Justice or another Judge appointed under subsection 4 (1) and includes the Judges (other than additional Judges) who continue to hold office pursuant to section 29A of the A.C.T. Self-Government (Consequential Provisions) Act 1988 of the Commonwealth;
“Sheriff” means the Sheriff of the Territory;
“suit” includes any action or original proceeding between parties of a civil nature.
part II—constitution and jurisdiction of the supreme court
Establishment
3.  (1)  There shall be a Supreme Court of the Territory which shall be known as the Supreme Court of the Australian Capital Territory.
(2)  The Court shall be a superior court of record.
(3)  The Court shall consist of the Chief Justice and the other Judges.
Appointment and tenure of Judges
4.  (1)  The Executive may by commission appoint, as resident Judges, a Chief Justice of the Court and other Judges of the Court.
(2)  A person is not eligible to be appointed as a resident Judge—
	(a)	unless he or she—
	(i)	is or has been a Judge of a superior court of record of the  Commonwealth, a State or a Territory; or
	(ii)	has been enrolled for not less than 5 years as a legal practitioner of the High Court or of the Supreme Court of a State or Territory; or
	(b)	if he or she has attained the age of 70 years.
(3)  The Executive may, by commission, appoint a Judge or Judges of a superior court of record of the Commonwealth, a State or another Territory as an additional Judge or additional Judges of the Court.
(4)  A resident Judge ceases to hold office on attaining the age of 70 years.
(5)  An additional Judge ceases to hold office on ceasing to hold office as a Judge (other than as an additional Judge) of a superior court of record of the Commonwealth, a State or another Territory.
(6)  A Judge may be removed from office by the Executive, on an address from the Legislative Assembly praying for his or her removal on the ground of proved misbehaviour or incapacity, but shall not otherwise be removed from office.
(7)  A Judge may resign from office by written notice to the Attorney-General.
Acting Judges—appointment and tenure
4A.  (1)  The Executive may, by commission, appoint persons to be acting Judges of the Court.
(2)  An appointment under subsection (1) shall be for such period, not exceeding 12 months, as is specified in the commission.
(3)  A person is not eligible to be appointed under subsection (1) unless he or she—
	(a)	has been a Judge of a superior court of record of the Commonwealth, a State or a Territory; or
	(b)	has been enrolled as a legal practitioner of the High Court or of the Supreme Court of a State or Territory for not less than 5 years.
Seniority of Judges
5.  (1)  The Chief Justice is the senior Judge of the Court.
(2)  The resident Judges are senior to the additional Judges and the acting Judges.
(3)  The additional Judges are senior to the acting Judges.
(4)  The resident Judges (other than the Chief Justice) have seniority as between themselves—
	(a)	according to the dates on which their respective commissions took effect; or
	(b)	if the commissions of 2 or more of them took effect on the same date—according to the precedence assigned to them by their respective commissions. 
(5)  The additional Judges have seniority as between themselves—
	(a)	according to the dates on which their respective commissions took effect; or
	(b)	if the commissions of 2 or more of them took effect on the same date—according to the precedence assigned to them by their respective commissions. 
(6)  The acting Judges have seniority as between themselves—
	(a)	according to the dates on which their respective commissions took effect; or
	(b)	if the commissions of 2 or more of them took effect on the same date—according to the precedence assigned to them by their respective commissions.
Acting Chief Justice
6.  Whenever—
	(a)	the Chief Justice is absent from Australia or from duty; or
	(b)	there is a vacancy in the office of Chief Justice,
the next senior Judge who is in Australia and is able and willing to do so shall perform the duties, and may exercise the powers, of the Chief Justice.
Arrangement of business of Court
7.  The Chief Justice is responsible for ensuring the orderly and expeditious discharge of the business of the Court and accordingly may, subject to this Act and to such consultation with the Judges as is appropriate and practicable, make arrangements as to the Judge or Judges who is or are to constitute the Court in particular matters or classes of matters.
Exercise of jurisdiction
8.  (1)  Subject to subsection (2) and sections 9, 10, 11, 12 and 13, the jurisdiction of the Court is exercisable by a single Judge.
(2)  Provision may be made by Rules of Court for the jurisdiction of the Court that is exercisable in accordance with subsection (1) to be exercisable:
	(a)	in such cases, and subject to such conditions, as are specified in the Rules of Court, by the Master; and
	(b)	in such cases, and subject to such conditions, as are specified in the Rules of Court, by the Registrar.
(3)  In this section, “Registrar” does not include a Deputy Registrar.
Exercise of jurisdiction by Master
9.  (1)  For the purposes of the exercise of jurisdiction conferred on the Master by Rules of Court, this Act has effect, subject to this section, as if the Court consisted of the Judges and the Master.
(2)  A person who is dissatisfied with a judgment of the Master made in the exercise of jurisdiction conferred by Rules of Court may appeal, as prescribed by the Rules of Court:
	(a)	in the case of an interlocutory judgment—to the Court constituted by a single Judge; and
	(b)	in the case of any other judgment—to the Full Court.
(3)  On an appeal under subsection (2), the Court:
	(a)	shall have regard to the evidence given in the proceedings out of which the appeal arose; and
	(b)	has power:
	(i)	to draw inferences of fact; and
	(ii)	in its discretion, to receive further evidence, which evidence may be taken:
	(A)	on affidavit;
	(B)	by oral examination before the Court or a Judge; or
	(C)	otherwise under section 57.
(4)  On an appeal under subsection (2), the Court may affirm, vary or set aside the judgment of the Master and may make such order as in all the circumstances it considers just.
Exercise of jurisdiction by Registrar
10.  (1)  For the purposes of the exercise of jurisdiction conferred on the Registrar by Rules of Court, this Act has effect, subject to this section, as if the Court consisted of the Judges and the Registrar.
(2)  A person who is dissatisfied with an order of the Registrar made in the exercise of jurisdiction conferred by Rules of Court may appeal, as prescribed by the Rules of Court, to the Court constituted by a single Judge.
(3)  On an appeal under subsection (2), the Court may affirm, vary or set aside the order of the Registrar and may make such order as in all the circumstances it considers just.
Exercise of jurisdiction—legal practitioners
11.  (1)  The jurisdiction of the Court in an application for admission to practise as a barrister and solicitor of the Court shall be exercised by a Full Court unless the Chief Justice directs otherwise.
(2)  The jurisdiction of the Court in proceedings relating to the issue, suspension or cancellation of a practising certificate under the Legal Practitioners Act 1970 shall be exercised by a Full Court.
(3)  The jurisdiction of the Court in proceedings under Division 3 of Part V of the Legal Practitioners Act 1970 shall, as regards—
	(a)	a finding whether the conduct of a legal practitioner has been such as to justify it making an order under subsection 41 (1) or exercising a power under subsection 41 (2) of that Act; or
	(b)	making such an order or exercising such a power in relation to a legal practitioner;
be exercised by a Full Court.
(4)  Nothing in this section prevents a single Judge, in proceedings referred to in subsection (2) or (3), from—
	(a)	making any findings of fact; or
	(b)	giving directions of an interlocutory kind.
(5)  A single Judge who has heard any part of proceedings referred to in subsection (3) for the purpose of making any findings of fact may be 1 of the Judges who exercise the jurisdiction of the Court in those proceedings pursuant to that subsection.
Exercise of jurisdiction under subsections 46 (4) and 48 (2) of the Administrative Appeals Tribunal Act 1989
12.  (1)  The jurisdiction conferred by subsection 46 (4) of the Administrative Appeals Tribunal Act 1989:
	(a)	may be exercised by the Full Court; and
	(b)	shall be so exercised if:
	(i)	the Tribunal’s decision was given by the Tribunal constituted by a member who was, or by members at least 1 of whom was, a presidential member other than a Judge; and
	(ii)	after consulting the President, the Chief Justice considers that it is appropriate for the appeal from the decision to be heard and determined by the Full Court; and
	(c)	shall be so exercised if the Tribunal’s decision was given by the Tribunal constituted by a member who was, or by members at least 1 of whom was, a Judge.
(2)  The jurisdiction conferred by subsection 48 (2) of the Administrative Appeals Tribunal Act 1989 shall be exercised by the Full Court if, after consulting the President, the Chief Justice considers that it is appropriate to do so.
Power of Judge to order that jurisdiction in a matter be exercised by the Full Court
13.  (1)  This section applies in relation to matters in which, but for this section, the jurisdiction of the Court would be exercisable by a single Judge.
(2)  At any time before the commencement of the hearing of a matter in relation to which this section applies, a Judge may order that the jurisdiction of the Court in that matter shall be exercised by the Full Court.
(3)  At any time after the commencement of the hearing of a matter in relation to which this section applies, the Judge hearing the matter may order that the jurisdiction of the Court in that matter shall be exercised by the Full Court.
(4)  Where an order has been made under subsection (2) or (3) in relation to a matter—
	(a)	the jurisdiction of the Court in that matter shall, subject to the Rules of Court, be exercised by the Full Court; and
	(c)	the Court may give such directions as it thinks proper as to the procedure to be followed in the further conduct of the proceedings, including, in a case where evidence was received before the making of the order, directions as to the use (if any) to be made of that evidence.
Full Court decisions—equal division of opinion
14.  If the Full Court is divided in opinion as to the decision to be given on any question, the question shall be decided according to the opinion of the majority, if there is a majority, but if the Judges are equally divided in opinion—
	(a)	in a case where a judgment of the Master is called in question—the judgment shall be affirmed; and
	(b)	in any other case—the opinion of the senior Judge sitting prevails.
Exercise by Court of powers of Master
15.  (1)  Where the jurisdiction of the Court is to be, or is being, exercised in a particular case by the Master:
	(a)	the Master may, on the Master’s own motion or on the application of a party to the proceedings, refer the proceedings to the Court constituted by a single Judge; and
	(b)	a Judge may, on the application of a party to the proceedings, at any time before the conclusion of the proceedings before the Master, order that the jurisdiction of the Court in the case be exercised by the Court constituted by a single Judge.
(2)  Where, under subsection (1), proceedings are referred or removed to the Court constituted by a single Judge, the Court may:
	(a)	give such directions as it considers appropriate as to the procedure to be followed in the further conduct of the proceedings, including, in a case where evidence was recorded before the referral or removal, directions as to the use (if any) to be made of the evidence; and
	(b)	remit the proceedings to the Master with such directions as the Court considers appropriate.
Holding other judicial offices
16.  (1)  Subject to this section, a Judge may also hold office as a Judge of a superior court of record of the Commonwealth, a State or another Territory, whether appointed to that office before or after his or her appointment as a Judge of the Supreme Court.
(2)  A resident Judge or acting Judge is not, without the written approval of the Executive, entitled to— 
	(a)	engage in remunerative employment otherwise than in connection with the duties of judicial office or any office, appointment or commission held by him or her in the Defence Force of the Commonwealth; or
	(b)	accept appointment to another judicial office or to an office under a law of the Territory, the Commonwealth, a State or another Territory.
(3)  The Executive shall consult with the Chief Justice before giving the approval.
Remuneration of Judges
17.  (1)  The resident Judges are to receive remuneration and allowances under section 73 of the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth.
(2)  An acting Judge shall be paid such remuneration and allowances as are prescribed by regulation.
(3)  Subsection (2) does not apply to—
	(a)	the remuneration of an acting Judge if there is a subsisting determination of the Commonwealth Remuneration Tribunal relating to the remuneration to be paid to the acting Judge; or
	(b)	an allowance of a particular kind in respect of an acting Judge if there is a subsisting determination of the Commonwealth Remuneration Tribunal relating to an allowance of that kind to be paid to the acting Judge.
(3A)  The remuneration and allowances to which a Judge is entitled accrue from day to day and are payable monthly.
(4)  The Consolidated Revenue Fund is appropriated to the extent necessary for payment to Judges of remuneration and allowances.
(5)  Subject to subsection (6), a Judge is not entitled to remuneration or allowances if—
	(a)	he or she concurrently holds office as a Judge of a superior court of record of the Commonwealth, a State or another Territory; and
	(b)	the Judge is entitled to remuneration or allowances (as the case requires) in respect of the concurrently held office.
(6)  Where the amount of remuneration or allowances to which a Judge would be entitled as a Judge of the Court if subsection (5) did not apply exceeds the remuneration or allowances (as the case may be) to which he or she is entitled as a Judge of another superior court of record, the Judge is entitled to receive an additional amount equal to that excess.
Principal seat of court and sittings
18.  (1)  The Court may sit at Canberra, and at such other places in Australia as are from time to time determined by the Chief Justice.
(2)  The times of the sittings of the Court shall be such as are from time to time specified by Rules of Court.
(3)  The offices of the Court shall be at Canberra.
Oath or affirmation of office—Judges
19.  Before proceeding to perform the functions of office, a Judge shall take an oath or affirmation in accordance with Form 1 in the Schedule before another Judge, a Justice of the High Court or a Judge of the Federal Court.
Jurisdiction and powers of the Supreme Court
20.2  (1)  The Court has the following jurisdiction:
	(a)	all original and appellate jurisdiction that is necessary to administer justice in the Territory;
	(b)	jurisdiction conferred by a Commonwealth Act or a law of the Territory.
(2)  Unless it is required to do so by or under a Commonwealth Act or a law of the Territory, the Court is not bound to exercise its powers where it has concurrent jurisdiction with another court or tribunal.
Distinction between court and chambers
21.  (1)  The distinction between court and chambers is abolished.
(2)  The business of the Court, whether conducted in a courtroom or otherwise, shall be taken to be conducted in court.
(3)  Nothing in this section affects the practice and procedure of the Court with respect to the business of the Court that may be conducted in chambers or elsewhere other than in a courtroom.
Trial by jury in civil proceedings
22.  (1)  In every suit in the Court, unless the Court otherwise orders, the trial shall be by the Court without a jury.
(2)  The Court may, if it appears just, order specially that any action or any issue of fact in any suit shall be tried before the Court with a jury.
Costs
23.  (1)  The Court shall have jurisdiction to award costs in all matters brought before the Court, including matters dismissed for want of jurisdiction.
(2)  Subject to any other law of the Territory (including Rules of Court), the Court may determine—
	(a)	the amount of costs of and incidental to proceedings in the Court, including the administration of an estate or trust; and
	(b)	by whom and to what extent such costs are to be paid.
(3)  Nothing in this section shall alter the practice which would otherwise be followed in any criminal cause or matter or in proceedings on the Crown side of the Court.
Service of writs out of the jurisdiction of the Court
24.  Writs of summons issued out of the Court and notices of such writs may be served out of the jurisdiction of the Court in the manner and to the extent provided by the Rules of Court.
Law and equity to be concurrently administered
25.  Subject to the express provisions of any other Act, in every civil cause or matter commenced in the Court law and equity shall be administered according to sections 26 to 32 (inclusive).
Equities of plaintiff
26.  In proceedings in the Court, the plaintiff is entitled to equitable relief where, in pre-Judicature Act proceedings of the same type, the plaintiff would have been entitled to such relief.
Equities of defendant
27.  In proceedings in the Court, the defendant is entitled to rely on an equitable defence, or is entitled to equitable relief of any sort, against any claim (whether at law or in equity) where, in pre-Judicature Act proceedings of the same type, the defendant would have been entitled to rely on such a defence, or would have been entitled to such relief, as the case may be.  
Counter-claims and third parties
28.  (1)  In proceedings in the Court, the defendant is entitled to relief (whether at law or in equity)—
	(a)	against the plaintiff, where the relief claimed would have been granted to the defendant if he or she had taken out a separate suit against the plaintiff; or
	(b)	against a person other than the plaintiff, where—
	(i)	the relief claimed relates to the subject matter of the proceedings;
	(ii)	that person is duly served with written notice of the claim; and
	(iii)	the claim would have been granted to the defendant if he or she had taken out a separate suit against that person.
(2)  Where a person is duly served with a notice referred to in subparagraph (1) (b) (ii), he or she is to be taken to be a party to the relevant proceedings with the same rights as if the defendant had instituted a separate suit against the person.
Incidental equities
29.  In proceedings in the Court, the parties are entitled to such incidental equitable rights, and subject to such incidental equitable duties, as they would have been entitled or subject to in pre-Judicature Act proceedings of the same type.
Defence or stay of proceedings instead of prohibition or injunction
30.  (1)  No proceedings at any time pending in the Court shall be restrained by prohibition or injunction.
(2)  A defence is available in proceedings where, in pre-Judicature Act proceedings of the same type, an injunction would previously have been available.
(3)  Nothing in this Act prevents the Court from directing a stay in any proceedings pending before it.
(4)  Upon the motion of any entitled person, the Court may grant a stay in any proceedings pending before it.
(5)  The Court may grant a stay of proceedings under subsection (4)—
	(a)	generally or in relation to part only of the proceedings; and
	(b)	subject to such other conditions as the Court thinks just.  
(6)  In this section—
“entitled person”, in relation to proceedings referred to in subsection (4), means a person (whether or not he or she is a party to the proceedings) who would have been entitled, in connection with pre-Judicature Act proceedings of the same type—
	(a)	to apply to a court to restrain the prosecution of the proceedings; or
	(b)	to enforce, by attachment or otherwise, any judgment, decree, rule or order in contravention of which all or a part of the proceedings have or has been taken.
Common law and statute
31.  The Court shall give effect to all claims for relief arising under the common law or the statute law of the Territory, subject to any equitable rules applicable under this Act.
Final determination of matters
32.  (1)  In the exercise of its jurisdiction under this Act in relation to proceedings in the Court, the Court shall, so far as practicable, ensure that—
	(a)	all the matters in issue between the parties to the proceedings are finally determined; and
	(b)	all multiplicity of legal proceedings concerning those matters is avoided.
(2)  For the purposes of subsection (1), the Court may grant legal or equitable relief absolutely or conditionally.
Law and equity
33.  Subject to this Act, in any matter arising in the Court, where there is a conflict between the rules of equity and the rules of law with reference to that matter, the rules of equity prevail.
Injunctions
34.  At any stage of proceedings, the Court may grant an injunction  (interlocutory or otherwise) on such terms as the Court thinks fit if it appears to the Court to be just to do so.
(2)  Without limiting the generality of subsection (1), the Court may grant an injunction to restrain any threatened or apprehended waste, trespass, breach of contract or other injury.
(3)  Subsection (2) applies in relation to a threatened waste or trespass to land whether or not—
	(a)	the person against whom the injunction is sought claims any title to the land;
	(b)	that person is in possession of the land; or
	(c)	the estates claimed by both or either of the parties are legal or equitable.
Receivers
34A.  At any stage of proceedings, the Court may, by interlocutory order on such terms as the Court thinks fit, appoint a receiver if it appears to the Court to be just to do so.
Prerogative remedies
34B.  (1)  The Court has power to grant any relief or remedy by way of a writ of habeas corpus, mandamus, prohibition, certiorari or a writ of any other kind.
(2)  In proceedings in the Court for any relief or remedy of a kind referred to in subsection (1), the Court may, if it thinks fit, instead of directing the issue of the relevant writ, grant the relief or remedy sought by making an order to the like effect. 
Rules of practice and procedure—judicial discretion
35.  In proceedings, where no provision about a matter of practice or procedure of the Court is made under this or any other law of the Territory, the Court may give such directions as to practice and procedure as it thinks fit.
Rules of Court
36.  (1)  The resident Judges or any 2 of the resident Judges may make Rules of Court, not inconsistent with this or any other Act, with regulations under this Act or any other law of the Territory—
	(a)	for regulating and prescribing—
	(i)	the practice and procedure, including the method of pleading, to be followed in the Court and in the offices of the Court; and
	(ii)	all matters and things incidental to or relating to any such practice and procedure or necessary or convenient to be prescribed for the conduct of any business of the Court;
	(b)	for prescribing any matter or thing that is, by or under the Corporations Law, required or permitted to be prescribed by regulation under that law;
	(c)	for prescribing the qualifications for the admission of persons to practise as barristers and solicitors of the Court; and
	(d)	for prescribing any matter or thing that is, by this Act, by any other Act or by any Ordinance, required or permitted to be prescribed by Rules of Court.
(2)  In particular the Rules of Court may provide—
	(a)	for the places of sitting of the Court;
	(b)	for the service and execution of the process of the Court including the manner in which and the extent to which the process of the Court may be served and executed out of the jurisdiction of the Court;
	(c)	for the execution of the judgments of the Court;
	(d)	for the service and execution in the Territory, in accordance with any treaty or convention to which the Commonwealth is a party, of the process of any Court of a State or of another Territory or of any foreign Court;
	(e)	for the issue by the Court of letters of request for the service in any foreign country of any process of the Court;
	(f)	for regulating any matters relating to the costs of proceedings in the Court; and
	(g)	for regulating the means by which particular facts may be proved and the mode in which evidence thereof may be given in any proceedings, or on any application in connexion with, or at any state of, any proceedings.
(3)  The Rules of Court may provide for or with respect to—
	(a)	the proceedings, or questions or issues of fact or law arising in proceedings, that may be referred by the Court to an arbitrator or referee for determination or for inquiry and report;
	(b)	the appointment of a Judge, the Master, the Registrar or other officer of the Court or other person as an arbitrator or referee;
	(c)	the fees to be paid to an arbitrator or referee;
	(d)	the persons by whom such a fee, or part of such a fee, is payable;
	(e)	the consequences of a determination or report by an arbitrator or referee;
	(f)	the manner in which a determination or report may be called in question;
	(g)	whether or not, or to what extent, a determination or report may be called in question on a matter of fact or law;
	(h)	the provision of the services of officers of the Court and the provision of courtrooms and other facilities for the purpose of a reference to an arbitrator or referee; and
	(i)	any other matters associated with a reference.
Regulations relating to fees
37.  The Executive may make regulations—
	(a)	prescribing the fees or other payments to be paid to officers of the Court in respect of proceedings in the Court, or of the service or execution of the process of the Court by officers of the Court; and
	(b)	making provision, not inconsistent with this Act, necessary or convenient to be made for and in relation to the payment or remission of any such fees or other payments.
part iii—the master
The Master
38.  There shall be a Master of the Court.
Powers and duties of Master
39.  (1)  The Master has power to administer oaths, and may exercise such other powers, and shall perform such duties, as are assigned to the Master by or under this Act or any other law of the Territory or by a special order of the court.
Appointment of Master
40.  (1)  The Master shall be appointed by the Executive.
(2)  A person shall not be appointed as the Master unless the person has been enrolled as a legal practitioner of the High Court or of the Supreme Court of a State or Territory for not less than 5 years.
(3)  A person who has attained 70 years of age shall not be appointed as the Master.
Term of office
41.  (1)  The Master:
	(a)	holds office on and from the day specified in the instrument of appointment; and
	(b)	holds office, subject to this Act:
	(i)	for such term (not exceeding 7 years) as is specified in the instrument of appointment, but is eligible for re-appointment; or
	(ii)	if the instrument of appointment so provides, until attaining 70 years of age.
(2)  Subparagraph (1) (b) (i) does not authorise the Executive to appoint the Master for a term of office that will expire after he or she attains the age of 70 years.
Extension of term of office
41A.  (1)  Before the expiry of the term of office of the Master, the Executive may, by instrument, extend the term for a specified period.
(2)  Before the expiry of a term of office of the Master which has been extended under subsection (1) or this subsection, the Executive may, by instrument, further extend the term for a specified period.
(3)  This section does not authorise the Executive to extend or to extend further the term of office of the Master for a period that will expire after he or she attains the age of 70 years. 
Terms and conditions not provided for by this Act
41B.  In relation to matters not provided for by this Act, the Master holds office on such terms and conditions (if any) as are determined in writing by the Executive.
Holding other offices
41C.  (1)  The Master is not, without the written approval of the Executive, entitled to— 
	(a)	engage in remunerative employment otherwise than in connection with the duties of office as a Master or any office, appointment or commission held by him or her in the Defence Force of the Commonwealth; or
	(b)	accept appointment to another office under a law of the Territory, the Commonwealth, a State or another Territory.
(2)  The Executive shall consult with the Chief Justice before giving the approval.
Oath or affirmation of office—Master
42.  Before proceeding to perform the functions of office, the Master shall take an oath or affirmation in accordance with Form 1 in the Schedule before a Judge.
Resignation
43.  The Master may resign by writing signed and delivered to the Attorney-General.
Removal from office
44.  (1)  The Governor-General may remove the Master from office on an address praying for his or her removal on the ground of proved misbehaviour or incapacity being presented to the Governor-General by each House of the Parliament in the same session of the Parliament.
(2)  The Governor-General may suspend the Master from office on the ground of misbehaviour or incapacity.
(3)  Where the Governor-General suspends the Master from office, the Minister shall cause a statement of the grounds of the suspension to be laid before each House of Parliament within 7 sitting days of that House after the suspension.
(4)  The suspension terminates if:
	(a)	at the end of 7 sitting days of a House of the Parliament after the suspension, the statement has not been laid before that House; or
	(b)	at the end of 15 sitting days of a House of the Parliament after the day on which the statement has been laid before that House, an address under subsection (1) has not been presented to the Governor-General by that House.
(5)  The suspension of the Master from office does not affect any entitlement of the Master to be paid remuneration and allowances.
(6)  If the Master becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, the Governor-General shall remove the Master from office.
(7)  The Governor-General may, with the consent of the Master, retire the Master from office on the ground of incapacity.
(8)  The Master may be removed, suspended or retired from office only under this section.
Acting appointments
45.  (1)  The Executive may appoint a person who is eligible to be appointed as Master to act as the Master:
	(a)	during a vacancy in the office of Master (whether or not an appointment has previously been made to the office); or
	(b)	during any period when the Master is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.
(2)  A person appointed to act as Master shall not continue to act for more than 12 months.
(3)  Where:
	(a)	a person is acting under paragraph (1) (b); and
	(b)	the office of Master becomes vacant;
then, subject to subsection (2), the person may continue to act until the vacancy is filled.
(4)  A person acting as Master has all the powers and duties of the Master, and the laws of the Territory (including this Act and the Rules of Court) apply in relation to the person as if the person were the Master.
(5)  The Executive may determine the terms and conditions of appointment, including remuneration and allowances, of a person acting as Master.
(6)  A person acting as Master may be removed or suspended from office only under section 44.
(7)  Anything done by or in relation to a person purporting to act as Master is not invalid because:
	(a)	the occasion for the appointment had not arisen;
	(b)	there was a defect or irregularity in connection with the appointment; or
	(c)	the appointment had ceased to have effect.
part iv—officers
Appointment
46.  (1)  There shall be—
	(a)	a Registrar of the Court, and such Deputy Registrars and other officers of the Court as are necessary; and
	(b)	a Sheriff of the Territory and such Deputy Sheriffs of the Territory as are necessary.
(2)  The Registrar and the Sheriff shall be appointed by the Attorney-General. 
(3)  The Deputy Registrars and the other officers referred to in paragraph (1) (a) shall be appointed by the Registrar.
(4)  The Deputy Sheriffs shall be appointed by the Sheriff.
(5)  A person is not eligible to be appointed under subsection (3) or (4) unless he or she is a public servant.
Acting appointments
46A.  (1)  The Attorney-General may appoint—
	(a)	a person to act as the Registrar; and
	(b)	a person to act as the Sheriff;
during—
	(c)	a vacancy in the office of Registrar or Sheriff, as the case requires; or
	(d)	any period when the Registrar or Sheriff, as the case requires, is absent from duty or from Australia or is, for any other reason, unable to perform the functions of office.
(2)  A person appointed under subsection (1) shall not continue to act for more than 12 months.
(3)  Anything done by or in relation to a person purporting to act as the Registrar or Sheriff is not invalid merely because—
	(a)	there was a defect or irregularity in connection with the appointment; 
	(b)	the appointment had ceased to have effect; or
	(c)	the occasion to act had not arisen or had ceased.
(4)  A person appointed under subsection (1) to act as Sheriff has the rights, privileges, immunities and liabilities of the Sheriff.
Functions of Registrar and Deputy Registrars
47.  (1)  The Registrar has power to administer oaths, and may perform such other functions as are assigned to the Registrar by or under this Act or any other law of the Territory, or by any special order of the Court.
(2)  Subject to this Act and to any directions of the Registrar, a Deputy Registrar may perform the functions of the Registrar under this or any other Act or under Rules of Court.
(3)  The performance of a function by a Deputy Registrar does not affect the power of the Registrar to perform that function. 
Oath or affirmation of office—Registrar
48.  The Registrar shall, before a Judge, take an oath or affirmation in accordance with Form 2 in the Schedule before proceeding to perform the functions of the office.
Proceedings before Registrar in relation to winding-up of companies
49.  (1)  When the Court makes an order for the winding-up of a company, the Court may direct that subsection (2) applies to the winding-up.
(2)  If the Court gives a direction under subsection (1):
	(a)	all proceedings in relation to the winding-up shall be before the Master or the Registrar; 
	(b)	the Master and the Registrar have all the powers of the Court in relation to the winding-up; 
	(c)	the Master or the Registrar may refer to the Court any matter in relation to the winding-up that he or she thinks proper to be determined by the Court; and
	(d)	an appeal lies to the Court from any order, decree or direction of the Master or the Registrar made or given in relation to the winding-up.
(3)  A Deputy Registrar shall not perform a function of the Registrar under this section.
Functions of Sheriff
50.  The Sheriff shall—
	(a)	serve or execute any process of the Court directed to him or her;
	(b)	make due return to the Court of such process;
	(c)	take due charge of any person committed to his or her custody by the Court; and
	(d)	discharge any such person as directed by the Court or as required under a law of the Territory.
Deputy Sheriffs
51.  (1)  Subject to the directions of the Sheriff, a Deputy Sheriff may perform the functions of the Sheriff under this Act or any other law of the Territory.
(2)  In performing the functions of the Sheriff, a Deputy Sheriff has all the rights, privileges, immunities and liabilities of the Sheriff.
(3)  The performance of a function by a Deputy Sheriff does not affect the power of the Sheriff to perform that function.
Process of the Court where Sheriff or Deputy Sheriff is interested party
52.  (1)  Where the Sheriff or a Deputy Sheriff is a party to a cause in the Court, any process of the Court in the cause which would, except for this section, be directed to the Sheriff or the Deputy (as the case may be) shall be directed to a disinterested person appointed by the Court.
(2)  A person appointed under subsection (1) shall—
	(a)	serve or execute a process directed to him or her; and 
	(b)	make due return of the process to the Court.
(3)  In performing the functions of the Sheriff or Deputy Sheriff, a person appointed under subsection (1) has all the rights, privileges, immunities and liabilities of the Sheriff or a Deputy Sheriff (as the case requires).
Sheriff’s assistants
53.  (1)  The Sheriff may appoint persons who are public servants to assist in the performance of the Sheriff’s functions.
(2)  An act done by a person so appointed:
	(a)	is taken to be done by and under the authority of the Sheriff; and
	(b)	is as valid and effectual as if done by the Sheriff.
(3)  A person so appointed:
	(a)	may perform any functions invested in the Sheriff; and
	(b)	has the rights, privileges, immunities and liabilities of the Sheriff.
part v—general matters of procedure
Manner of giving evidence
54.  Except as otherwise provided by this or any other Act, or unless in any suit the parties agree to the contrary, evidence in any matter shall be given orally in open court.
Evidence by affidavit
55.  (1)  In any proceedings in the Court, evidence may be given by affidavit—
	(a)	of the service of any relevant document; or
	(b)	of the signature of a party to the proceedings, or of his or her solicitor, to any relevant document.
(2)  On or before the hearing of a civil matter, the Court may, for sufficient reason, order that all or a part of the evidence in the matter, being evidence that but for the order would be required to be given orally in open court, may be given by affidavit.
(3)  An order under subsection (2) may be made subject to such conditions as the Court thinks just, including the following:
	(a)	that copies of a relevant affidavit be served on any specified party to the matter;
	(b)	that a person whose evidence is given in a relevant affidavit attend the hearing to be available for cross examination.
Appearance by barrister or solicitor
56.  A party in a cause or matter may appear before the Court either personally or by a barrister or solicitor having the right to practise in the Court.
Orders and commissions for examination of witnesses
57.  The Court may, in any suit or civil matter pending in the Court, and at any stage of the proceedings—
	(a)	order the examination of any person upon oath or affirmation, orally or on interrogatories, before the Court or before any officer of the Court or other person, at any place in Australia;
	(b)	order a commission or letters of request to be issued to take evidence;
	(c)	by the same or any subsequent order, give any necessary directions touching the time, place and manner of any such examinations; and
	(d)	empower any party to the suit or civil matter to give in evidence in the suit or matter the testimony so taken on such terms (if any) as the Court directs.
Non-appearance or absence of some defendants
58.  (1)  When there are several defendants in any cause pending in the Court, if any defendant is not served with process and does not voluntarily appear, the Court may nevertheless entertain the cause and proceed to hear and determine it between the parties who are properly before the Court.
(1A)  The judgment referred to in subsection (1) in a cause does not prejudice a defendant in the cause who is not served with process and does not voluntarily submit to the jurisdiction of the Court.
(2)  When, in any suit of which the Court has jurisdiction, any defendant is not a resident of, or found within, Australia, and does not voluntarily appear in the suit, the Court may nevertheless proceed to exercise its jurisdiction after such notice to the defendant and upon such terms as are prescribed by Rules of Court.
Amendment of defects
59.  (1)  The Court  may at any time, and on such terms as the Court thinks just, amend any defect or error in a proceeding in the Court.
(2)  An amendment under subsection (1) is to be made for the purpose of determining the real questions in issue in the proceedings.
Formal defects to be amended
60.  (1)  No proceedings in the Court shall be invalidated by any formal defect or by any irregularity, unless the Court is of opinion that substantial injustice has been caused thereby and that the injustice cannot be remedied by an order of the Court.
(2)  The Court may make an order declaring that any proceeding is valid notwithstanding any such defect or irregularity.
Completion of part-heard matters—expiration of term of office
60A.  (1)  This section applies where—
	(a)	a Judge or the Master would, but for this section, cease to hold office under this Act; and
	(b)	at the time that the Judge or Master would otherwise have ceased to hold office, proceedings were being heard by him or her but had not been finally determined.  
(2)  Where this section applies in relation to a Judge or the Master, he or she continues to hold office for the purposes of the transitional proceedings.
(3)  Where this section applies in relation to a Judge or the Master, he or she may continue to exercise the jurisdiction of the Court for the purposes of hearing and determining transitional proceedings.
(4)  A judgment given or entered in transitional proceedings, or an order (including an order as to costs) made in such proceedings, is a valid and effectual exercise of the Court’s jurisdiction, and may be enforced accordingly.
(5)  This section does not apply where a Judge or the Master ceases to hold office by reason of his or her removal from office.
(6)  In this section—
“transitional proceedings” means proceedings referred to in paragraph (1) (b).
Reserved judgments
61.  (1)  Where any proceeding, after being fully heard before the Full Court, is ordered to stand for judgment, it is not necessary that all the Judges before whom it was heard be present together in Court to declare their opinions on the matter to which the proceedings relate, but the opinion of any 1 of them may be reduced to writing and may be made public by any other of them at any subsequent sitting of the Court at which judgment in the proceeding is delivered.
(2)  In any such case the question shall be decided in the same manner, and the judgment of the Court has the same force and effect, as if the Judge whose opinion is so made public had been present in court and had declared his or her opinion in person.
Change of venue
63.  (1)  At any stage of proceedings on a cause or matter in the Court, the Court may order that the cause or matter be heard at a specified place within Australia, or continued at another specified place within Australia, subject to subsection 18 (1) and to such conditions as are specified in the order.
(2)  After a cause or matter in the Court has been heard at a place, the Court may give further hearing or consideration to the cause or matter, or pronounce judgment, at a sitting of the Court at another place within Australia, subject to subsection 18 (1).
Seal
64.  (1)  The Court shall have and use as occasion requires a Seal, having inscribed thereon the words “The Seal of the Supreme Court of the Australian Capital Territory”.
(2)  The Seal of the Court shall be kept in such custody as the Chief Justice directs.
Use of Seals
65.  All writs, commissions and process issued from the Court are to be—
	(a)	in the name of the Crown;
	(b)	under the Seal of the Court or such other seal as is prescribed by Rules of Court; and
	(c)	signed by the Registrar or an officer authorised by the Registrar.
Date of process
66.  All writs and process issued from the Court shall be dated as of the day on which they are issued.
Oaths and affirmations
67.  (1)  The forms of oath or affirmation to be used in or for the purpose of proceedings in the Court shall, subject to this or any other Act, be such as are prescribed by the Rules of Court.
(2)  A person who is required or permitted by law to take an oath in or for the purpose of proceedings in the Court is, notwithstanding that law, entitled to make an affirmation instead.
PART VII—TRIAL ON INDICTMENT
Prosecution of indictable offences
68.  (1)  Subject to subsection (2), an indictable offence triable before the Court shall be prosecuted by information in the name of the Attorney-General or of such other person as the Attorney-General, by instrument in writing, appoints for the purposes of this subsection.
(2)  The Attorney-General may file an information under subsection (1) without examination or commitment for trial of the accused person.
(3)  Upon an information being filed without examination or commitment for trial, the Court may—
	(a)	cause a summons to be issued to the accused person to appear at the time and place specified in the summons and there to answer the charge specified in the information; or
	(b)	issue a warrant for the arrest of the accused person and hold him or her in custody or admit him or her to bail.
(4)  Where a person has been committed for trial upon a charge for an indictable offence triable before the Court, the information against the person may include, either in substitution for, or in addition to, a count charging the offence for which the person was committed, a count founded on a fact or evidence disclosed in the course of the committal proceedings.
(5)  Subsection (4) does not authorize the inclusion of more than 1 count in the same information unless those counts are such as may lawfully be joined in a single information.
(6)  Where a person is under commitment upon a charge of an indictable offence triable before the Court, the Attorney-General, or such other person as the Attorney-General, by instrument, appoints for the purposes of this subsection, may decline to proceed further in the prosecution and, if the accused person is in custody, may, by warrant, direct the discharge of the accused person from custody, and the accused person shall be discharged accordingly.
Trial by jury in criminal proceedings
68A.  Criminal proceedings shall be tried by a jury, except as otherwise provided by this Part.
Trial by Judge alone in criminal proceedings
68B.  (1)  An accused person in criminal proceedings shall be tried by a Judge alone if—
	(a)	the accused person elects in writing to undergo such a trial;
	(b)	the accused person produces a certificate signed by a barrister or solicitor stating that—
	(i)	he or she has advised the accused in relation to the election; and 
	(ii)	the accused person has made the election freely; 
	(c)	the election is made before the Court first allocates a date for the person’s trial; and
	(d)	where there is more than 1 accused person in the proceedings—
	(i)	each other accused person also elects to be tried by the Judge alone; and
	(ii)	each accused person’s election is made in respect of all offences with which he or she is charged.
(2)  An accused person who elects to be tried by a Judge alone may, at any time before he or she is arraigned, elect to be tried by a jury.
(3)  If an accused person makes and then withdraws an election, he or she shall not make another election.
Verdict of Judge in criminal proceedings
68C.  (1)  A Judge who tries criminal proceedings without a jury may make any finding that could have been made by a jury as to the guilt of the accused person and any such finding has, for all purposes, the same effect as a verdict of a jury.
(2)  The judgment in criminal proceedings tried by a Judge alone shall include the principles of law applied by the Judge and the findings of fact on which the Judge relied.
(3)  In criminal proceedings tried by a Judge alone, if a law of the Territory would otherwise require a warning to be given to a jury in such proceedings, the Judge shall take the warning into account in considering his or her verdict.
part viii—summary offences related to indictable offences
Related summary offences
68D.  (1)  The Court may, at the conclusion of the trial of an accused person for an indictable offence, deal with any related summary offence with which the accused person has been charged, if the Court considers that it is in the interests of justice.
(2)  The Court shall only deal with a related summary offence with the consent of the accused person.
(3)  The Court may deal with a related summary offence—
	(a)	on its own motion;
	(b)	on the application of the accused person; or
	(c)	on the application of the prosecutor.
(4)  The Court may deal with a related summary offence with which an accused person has been charged even though it is not doing so in relation to a related summary offence with which another accused person in the same proceedings is charged.
Procedure
68E.  (1)  The Court shall deal with a related summary offence under this Part—
	(a)	without a jury; and
	(b)	on the basis only—
	(i)	of evidence given during the trial of the accused person for any indictable offence in the same proceedings; and
	(ii)	of any additional evidence given under this section.
(2)  The prosecutor or the accused person may, with the leave of the Court, call additional evidence in relation to the related summary offence.
(3)  In sentencing or otherwise dealing with a person for a related summary offence, the Court has the same functions as the Magistrates Court.
Remission of related offences to Magistrates Court
68F.  The Court may, at any time, remit a related summary offence being dealt with under this Part to the Magistrates Court.
PART iX—miscellaneous
Interest up to judgment
69.  (1)  In any proceedings for the recovery of any money (including any debt or damages or the value of any goods) the Court shall, upon application, unless good cause is shown to the contrary—
	(a)	order that there be included in the sum for which judgment is given interest at such rate as the Court thinks fit on the whole or any part of the money for the whole or any part of the period between the date when the cause of action arose and the date as of which the judgment is entered; or
	(b)	without proceeding to calculate interest in accordance with paragraph (a), order that there be included in the sum for which judgment is given a lump sum in lieu of any such interest.
(2)  Subsection (1) does not—
	(a)	authorize the giving of interest upon interest or of a sum in lieu of such interest;
	(b)	apply in relation to any debt upon which interest is payable as of right whether by virtue of an agreement or otherwise; or
	(c)	affect the damages recoverable for the dishonour of a bill of exchange.
(3)  Where the sum for which judgment is given (in this subsection referred to as the “relevant sum”) includes, or where the Court determines that the relevant sum includes, any amount for—
	(a)	compensation in respect of liabilities incurred which do not carry interest as against the person claiming interest or claiming a sum in lieu of interest;
	(b)	compensation for loss or damage to be incurred or suffered after the date on which judgment is given; or
	(c)	exemplary or punitive damages,
interest, or a sum in lieu of interest, shall not be given under subsection (1) in respect of any such amount or in respect of so much of the relevant sum as in the opinion of the Court represents any cash amount.
Interest on judgments
70.  A judgment debt under a judgment of the Court carries interest at such rate as is fixed by the Rules of Court from the date as of which the judgment is entered.
Security of the peace and for good behaviour
71.  The Court may hold persons to security of the peace and for good behaviour in matters arising under the laws of the Territory.
Duty of receiver and manager
73.  When, in any cause pending in the Court, a receiver or manager appointed by the Court is in possession of any property, the receiver or manager shall manage and deal with the property according to the requirements of the laws of the State or Territory in which the property is situated, in the same manner in which the owner or possessor thereof would be bound to do if in possession thereof.
Liability and protection of receivers and managers
74.  A receiver or manager of any property appointed by the Court may, without the previous leave of the Court, be sued in respect of any act or transaction in carrying on the business connected with the property.
Regulations
75.  The Executive may make regulations, not inconsistent with this Act, prescribing matters—
	(a)	required or permitted by this Act to be prescribed; or
	(b)	necessary or convenient to be prescribed for giving effect to this Act.

	SCHEDULE	Sections 19, 42 and 48
oaths and affirmations of office
Form 1—Chief Justice, Judges and Master
Oath
“I,		, do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, and Her Heirs and Successors, in the office of [*Chief Justice/*Judge/*Master] of the Supreme Court of the Australian Capital Territory, and that I will do right to all manner of people according to law, without fear or favour, affection or ill-will, so help me God.”
Affirmation
“I,		, do solemnly and sincerely affirm that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, and Her Heirs and Successors, in the office of [*Chief Justice/*Judge/*Master] of the Supreme Court of the Australian Capital Territory, and that I will do right to all manner of people according to law, without fear or favour, affection or ill-will.”
*  State whichever is applicable.
Form 2—Registrar
Oath
“I,		, do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second and Her Heirs and Successors, and that I will well and truly serve Her in the office of Registrar of the Supreme Court of the Australian Capital Territory, so help me God.”
Affirmation
“I,		, do solemnly and sincerely affirm that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second and Her Heirs and Successors, and that I will well and truly serve Her in the office of Registrar of the Supreme Court of the Australian Capital Territory.”

NOTES
1.	The Supreme Court Act 1933 as shown in this reprint comprises Act No. 34, 1933 of the Commonwealth (as amended).
	The Australian Capital Territory (Self-Government) Act 1988 (No. 106, 1988) of the Commonwealth subsection 34 (2) and Schedule 2 allowed for the conversion of certain Commonwealth laws (including that first mentioned Act) to Territory enactments.
	The Australian Capital Territory Supreme Court Act 1933 of the Commonwealth was, in preparation for its conversion, amended by the Supreme Court (Transfer) Act 1992 (No. 49, 1992) of the Commonwealth with effect from 1 July 1992 and, as so amended became a Territory enactment on that date.  A Table showing new section numbers after renumbering by the lastmentioned Act is located after the Notes.
	For the amendment history of the Australian Capital Territory Supreme Court Act of the Commonwealth see Commonwealth Acts Tables and Commonwealth Acts of the Parliament Volumes printed annually.  A Table showing the amendment history as provided by the Commonwealth as at 1 July 1992 is located at the back of this reprint for the reader’s convenience.
	The Supreme Court Act 1933 was also amended by the Self-Government (Transitional Provisions) Regulations as amended.  The amendment is incorporated in this reprint.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989 (No. 21, 1989) altered the citation of most ACT laws so that after Self-Government day, or when they become Territory enactments they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Supreme Court (Amendment) Act 1993	59, 1993	6 Sept 1993	6 Sept 1993	S. 7	
Supreme Court (Amendment) Act  (No. 2) 1993	91, 1993	17 Dec 1993	17 Dec 1993	Ss. 8 (2), 16 (2), 20 (2) and 22 (2)	
Legal Practitioners (Amendment) Act 1993
	94, 1993	24 Dec 1993	24 Dec 1993	—	
Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 2	am. Nos. 59 and 91, 1993
Ss. 3, 4	am. No. 91, 1993
S. 4A	ad. No. 91, 1993
S. 5	am. No. 91, 1993
Ss. 8-10	am. No. 91, 1993
S. 11	rs. No. 91, 1993
	am. No. 94, 1993
Ss. 12-18	am. No. 91, 1993
S. 19	rs. No. 91, 1993
S. 20	am. No. 91, 1993
S. 21	rs. No. 91, 1993
Ss. 22-25	am. No. 91, 1993
Ss. 26-33	rs. No. 91, 1993
S. 34	rs. No. 91, 1993
Ss. 34A, 34B	ad. No. 91, 1993
S. 35	rs. No. 91, 1993
S. 36	am. No. 91, 1993
S. 37	am. Regulations 1990 No. 1 (as am. by  No. 10,1993)
Ss. 39-41	am. No. 91, 1993
Ss. 41A-41C	ad. No. 91, 1993
S. 42	rs. No. 91, 1993
S. 46	am. No. 91, 1993
S. 46A	ad. No. 91, 1993
Ss. 47, 48	rs. No. 91, 1993
S. 49	am. No. 91, 1993
Ss. 50-52	rs. No. 91, 1993
Ss. 53-58	am. No. 91, 1993
S. 59	rs. No. 91, 1993
S. 60	am. No. 91, 1993
S. 60A	ad. No. 91, 1993
S. 61	am. No. 91, 1993
S. 62	rep. No. 91, 1993
S. 63	rs. No. 91, 1993
S. 64	am. No. 91, 1993
S. 65	rs. No. 91, 1993
S. 66	am. No. 91, 1993
S. 67	rs. No. 91, 1993
Heading to Part VII	rs. No. 59, 1993
S. 68	am. No. 91, 1993
Ss. 68A-68C	ad. No. 59, 1993
Part VIII (ss. 68D-68F)	ad. No. 59, 1993
Ss. 68D-68F	ad. No. 59, 1993
Heading to Part IX	ad. No. 59, 1993
S. 69	am. No. 91, 1993
S. 71	am. No. 91, 1993
S. 72	rep. No. 91, 1993
Ss. 73, 74	am. No. 91, 1993
S. 75	rs. No. 91, 1993
Schedule	ad. No. 91, 1993

2.	S. 20—The Court of the Australian Capital Territory has jurisdiction in the Australian Antarctic Territory and in Heard Island and McDonald Islands; see section 10 of the Australian Antarctic Territory Act 1954 and section 9 of the Heard Island and McDonald Islands Act 1953.

table showing new section numbers of the SUPREME COURT act 1933 after renumbering by the A.C.T. Supreme court (transfer) act 1992 (No. 49, 1992) of the commonwealth
NOTE—This Table does not form part of the Supreme Court Act 1933 and is printed for convenience of reference only.

Old
number	New
number	Old
number	New
number	Old
number	New
number	
Section	Section	Section	Section	Section	Section	
5	2	20	28	37A	52	
6	3	21	29	37B	53	
7	4	22	30	38	54	
7AA	5	23	31	39	55	
7A	6	24	32	40	56	
7B	7	25	33	41	57	
8AAA	9	26	34	42	58	
8AAB	10	27	35	43	59	
8AA	11	28	36	44	60	
8AABA	12	29	37	44A	61	
8AB	13	30	38	45	62	
8AC	14	31	39	46	63	
8AD	15	32	40	47	64	
8A	16	33	41	48	65	
8B	17	33A	42	49	66	
9	18	33C	43	50	67	
10	19	33D	44	53	68	
11	20	33F	45	53A	69	
12	21	34	46	54	70	
14	22	35	47	55	71	
15	23	35AA	48	56	72	
16	24	35A	49	57	73	
17	25	36	50	58	74	
18	26	37	51	59	75	
19	27					

TABLE SHOWING SECTION HISTORY OF THE SUPREME COURT ACT 1933 AS PROVIDED BY THE COMMONWEALTH
The Australian Capital Territory Supreme Court Act 1933 was modified by the A.C.T. Self-Government (Consequential Provisions) Regulations as amended.  The modifications cease to have effect by the A.C.T. Supreme Court (Transfer) Act 1992 and do not appear in the Table below.
NOTE—This Table does not form part of the Supreme Court Act 1933 and is printed for convenience of reference only. 
Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

Title	am. No. 98, 1971
S. 1	am. No. 80, 1950; No. 49, 1992
S. 2	rs. No. 51, 1959
	am. No. 109, 1964
	rep. No. 216, 1973
S. 3	am. No. 216, 1973; No. 158, 1976; No. 61, 1981
	rep. No. 49, 1992
S. 4	rep. No. 216, 1973
S. 5	am. No. 27, 1935; No. 57, 1945; No. 34, 1957; No. 43, 1958; No. 109, 1964; No. 156, 1968; Nos. 13 and 98, 1971; No. 216, 1973; No. 158, 1976; No. 26, 1982; Nos. 38 and 109, 1988; No. 49, 1992
S. 6	am. No. 43, 1958; Nos. 13 and 98, 1971; No. 158, 1976; No. 26, 1982
S. 7	rs. No. 43, 1958
	am. No. 156, 1968; Nos. 13 and 98, 1971; No. 216, 1973; No. 158, 1976; No. 26, 1982; No. 49, 1992
S. 7AA	ad. No. 109, 1988
	rs. No. 49, 1992
Ss. 7A, 7B	ad. No. 158, 1976
	am. No. 26, 1982
S. 8	am. No. 57, 1945; No. 47, 1956
	rs. No. 43, 1958
	am. No. 156, 1968; No. 13, 1971
	rs. No. 98, 1971
	am. No. 158, 1976
	rs. No. 38, 1988
	am. No. 49, 1992
Ss. 8AAA, 8AAB	ad. No. 38, 1988
S. 8AA	ad. No. 156, 1968
	am. Nos. 13 and 98, 1971; No. 158, 1976
	rs. No. 115, 1990
S. 8AABA	ad. No. 49, 1992
S. 8AB	ad. No. 98, 1971
	am. No. 158, 1976
S. 8AC	ad. No. 98, 1971
	am. No. 158, 1976; No. 38, 1988; No. 49, 1992
S. 8AD	ad. No. 38, 1988
S. 8A	ad. No. 57, 1945
	rs. No. 34, 1957; No. 43, 1958; No. 109, 1964
	am. No. 216, 1973; No. 49, 1992
S. 8B	ad. No. 57, 1945
	am. No. 52, 1947; No. 65, 1948; No. 51, 1950; No. 17, 1955; No. 43, 1958; No. 110, 1960; No. 92, 1965; No. 93, 1966; No. 40, 1969; No. 13, 1971
	rs. No. 158, 1976
	am. No. 26, 1982; No. 49, 1992
S. 9	am. No. 49, 1992
S. 10	am. No. 43, 1958; No. 158, 1976; No. 176, 1981 (as am. by No. 80, 1982); No. 26, 1982; No. 49, 1992
S. 11	rs. No. 34, 1957
	am. No. 158, 1976; No. 61, 1981; No. 109, 1988
	rs. No. 49, 1992
S. 12	am. No. 34, 1957; No. 156, 1968; No. 109, 1988
S. 13	am. No. 156, 1968; No. 98, 1971
	rep. No. 158, 1976
S. 15	am. No. 34, 1957; No. 109, 1988
S. 16	am. No. 80, 1950
S. 17	am. No. 158, 1976
S. 20	am. No. 34, 1957; No. 109, 1988
S. 23	am. No. 216, 1973
S. 27	rs. No. 34, 1957
	am. No. 109, 1988
S. 28	am. No. 80, 1950; No. 34, 1957; No. 156, 1968; No. 98, 1971; No. 216, 1973; No. 158, 1976; No. 3, 1978; No. 92, 1981; No. 26, 1982; No. 168, 1986; Nos. 99 and 108, 1988; No. 49, 1992
Part III (ss. 29-33)	rep. No. 51, 1959
S. 29	rep. No. 51, 1959
	ad. No. 3, 1978
Part III (ss. 30-33, 	ad. No. 38, 1988
33A-33F)
S. 30	rep. No. 51, 1959
	ad. No. 38, 1988
S. 31	rep. No. 51, 1959
	ad. No. 38, 1988
	am. No. 109, 1988
S. 32	rep. No. 51, 1959
	ad. No. 38, 1988
	am. No. 49, 1992
S. 33	rep. No. 51, 1959
	ad. No. 38, 1988
S. 33A	ad. No. 38, 1988
S. 33B	ad. No. 38, 1988
	rep. No. 49, 1992
S. 33C	ad. No. 38, 1988
	am. No. 49, 1992
S. 33D	ad. No. 38, 1988
S. 33E	ad. No. 38, 1988
	rep. No. 49, 1992
S. 33F	ad. No. 38, 1988
	am. No. 49, 1992
S. 34	am. No. 34, 1957
	rs. No. 109, 1964
	am. No. 98, 1971; No. 109, 1988
S. 35	rs. No. 34, 1957
	am. No. 156, 1968; No. 91, 1983; Nos. 38 and 109, 1988
S. 35AA	ad. No. 49, 1992
S. 35A	ad. No. 156, 1968
	am. No. 38, 1988; No. 136, 1991
S. 37A	ad. No. 109, 1964
	am. No. 109, 1988
S. 37B	ad. No. 49, 1992
S. 38	rs. No. 98, 1971
	am. No. 109, 1988
S. 39	am. No. 34, 1957
	rs. No. 98, 1971
S. 40	rs. No. 8, 1966
S. 44A	ad. No. 176, 1981
S. 47	am. No. 98, 1971; No. 158, 1976; No. 26, 1982
S. 50	am. No. 34, 1957; No. 49, 1992
Part VI (ss. 51, 52)	rep. No. 158, 1976
S. 51	am. No. 36, 1955; No. 34, 1957; No. 93, 1966; No. 156, 1968
	rep. No. 158, 1976
S. 52	rs. No. 109, 1964
	rep. No. 158, 1976
S. 53	rs. No. 34, 1957
	am. No. 176, 1981; No. 114, 1983; No. 49, 1992
S. 53A	ad. No. 176, 1981
S. 54	am. No. 93, 1966
	rs. No. 158, 1976
S. 55	am. No. 98, 1971; No. 216, 1973; No. 49, 1992
S. 59	am. No. 109, 1964
S. 60	rep. No. 216, 1973
Heading to Schedules	rep. No. 65, 1985
First Schedule	rep. No. 80, 1950
Second Schedule	rep. No. 51, 1959

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