Australian Capital Territory
Supreme Court Act 1933
A1933-34
Republication No 6 (RI)
Effective:  1 June 2000 – 7 March 2001
Republication date of printed version: 1 September 2000
Reissued electronically:  10 February 2017
Last amendment made by A2000-17

About this republication
The republished law
This is a republication of the Supreme Court Act 1933 effective 1 June 2000 to 7 March 2001.
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.
Editorial changes
The Legislation (Republication) Act 1996, part 3, division 2 authorised the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation (Republication) Act 1996, s 14 and s 16).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  

Australian Capital Territory
Supreme Court Act 1933
CONTENTS
	
part 1—preliminary
	1	Short title
	2	Definitions for Act
part 2—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
	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
	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	Counterclaims 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	Fees and charges—determination
	37A	Fees and charges—payment
	37B	Fees and charges—remission, refund, deferral, waiver, exemption	
	37C	Fees and charges—recovery where otherwise not payable
	37D	Fees and charges—review of decisions	
part 2A—TERMS AND CONDITIONS of judges
	37E	Meaning of entitlements
	37F	Resident judges
	37G	Acting judges
	37H	Dual appointments
	37I	Accrual and appropriation
part 3—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	Retirement
	45	Acting appointments	
part 4—officers
	46	Appointment
	46A	Acting appointments	
	46B	Staff assisting the registrar
	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
	53A	Entry, search and seizure—sheriff’s powers
part 5—general matters of procedure
	54	Manner of giving evidence
	55	Evidence by affidavit
	55A	Hearing of bail applications
	56	Appearance by legal practitioner
	57	Orders and commissions for examination of witnesses
	58	Non-appearance or absence of some defendants
	58A	Supreme Court trials—evidence of dead or absent persons
	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
	67A	Vexatious litigants
PART 7—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 8—summary offences related to 
indictable offences
	68D	Related summary offences
	68E	Procedure
	68F	Remission of related offences to Magistrates Court
PART 9—miscellaneous
	69	Interest up to judgment
	70	Interest on judgments
	70A	Failure to attend Supreme Court as required
	71	Security of the peace and for good behaviour
	73	Duty of receiver and manager	
	74	Liability and protection of receivers and managers
	74A	Certified copies of transcript of Supreme Court proceedings
	75	Regulation-making power
	SCHEDULE
	oaths and affirmation of office
	ENDNOTES
	1	About this republication	
	2	About the republished Act
	3	Abbreviation key
	4	Table of legislation
	5	Table of amendments
	6	Table of earlier republications
	7	Table of renumbered provisions

As in force on
1 September 2000

Australian Capital Territory
Supreme Court Act 1933
An Act to establish a Supreme Court of the Australian Capital Territory, and for other purposes
part 1—preliminary
1 	Short title
	This Act may be cited as the Supreme Court Act 1933.
2 	Definitions for Act
	In this Act:
Note	A definition applies except so far as the contrary intention appears (see Interpretation Act 1967, s 11G).
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.
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) (UK).
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 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 (Cwlth).
sheriff means the Sheriff of the Territory.
suit includes any action or original proceeding between parties of a civil nature.

part 2—constitution and jurisdiction of the supreme court
3 	Establishment
(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.
4	Appointment and tenure of judges
(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 a legal practitioner for not less than 5 years; 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.
(7) 	A judge may resign from office by written notice to the Attorney-General. 
4A	Acting judges—appointment and tenure
(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 a legal practitioner for not less than 5 years.
5 	Seniority of judges
(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.
6 	Acting Chief Justice
	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.
7 	Arrangement of business of court
	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.
8 	Exercise of jurisdiction
(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.
9 	Exercise of jurisdiction by master
(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; or
	(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.
10 	Exercise of jurisdiction by registrar
(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.
11	Exercise of jurisdiction—legal practitioners
(1) 	The jurisdiction of the court in an application for admission as a legal practitioner 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 5 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.
13 	Power of judge to order that jurisdiction in a matter be exercised by the Full Court
(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.
14 	Full Court decisions—equal division of opinion
	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.
15 	Exercise by court of powers of master
(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.
16 	Holding other judicial offices
(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.
18 	Principal seat of court and sittings
(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.
19 	Oath or affirmation of office—judges
	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.
20 	Jurisdiction and powers of the Supreme Court
(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.
21 	Distinction between court and chambers
(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.
22 	Trial by jury in civil proceedings
(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.
23 	Costs
(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.
24 	Service of writs out of the jurisdiction of the court
	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.
25 	Law and equity to be concurrently administered
	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.
26 	Equities of plaintiff
	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.
27 	Equities of defendant
	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.  
28 	Counterclaims and third parties
(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; and
	(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.
29 	Incidental equities
	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.
30 	Defence or stay of proceedings instead of prohibition or injunction
(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.
31 	Common law and statute
	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.
32 	Final determination of matters
(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.
33 	Law and equity
	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.
34 	Injunctions
	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; or
	(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.
34A 	Receivers
	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.
34B 	Prerogative remedies
(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. 
35 	Rules of practice and procedure—judicial discretion
	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.
36	Rules of court
(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; and
	(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; and
	(ba)	for prescribing anything that is, under the Administration and Probate Act 1929, required or permitted to be prescribed for carrying out or giving effect to that Act; and
	(c)	for prescribing the qualifications for the admission of persons as legal practitioners 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; and
	(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; and
	(c)	for the execution of the judgments of the court; and
	(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; and
	(e)	for the issue by the court of letters of request for the service in any foreign country of any process of the court; and
	(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 connection 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; and
	(b)	the appointment of a judge, the master, the registrar or other officer of the court or other person as an arbitrator or referee; and
	(c)	the fees to be paid to an arbitrator or referee; and
	(d)	the persons by whom such a fee, or part of such a fee, is payable; and
	(e)	the consequences of a determination or report by an arbitrator or referee; and
	(f)	the manner in which a determination or report may be called in question; and
	(g)	whether or not, or to what extent, a determination or report may be called in question on a matter of fact or law; and
	(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.
37	Fees and charges—determination
(1) 	The Attorney-General may, by notice in writing published in the Gazette, determine fees and charges for any of the following purposes: 
	(a)	proceedings in the court, and matters incidental to such proceedings, including—
	(i)	the admission and enrolment of legal practitioners; and
	(ii)	the service and execution of the process of the court; and
	(iii)	the taxation of costs by officers of the court;
	(b)	facilities and services provided by the court, including the service and execution of the process of any court of the Commonwealth, a State or another Territory, or of any court of a foreign country;
	(c)	the general purposes of this Act, the regulations or the rules of court.
(2) 	A determination under subsection (1) may provide for any of the following matters:
	(a)	the exemption of persons from liability to pay fees for the service and execution of process or other fees, in whole or in part;
	(b)	exemptions from liability for the payment of fees for the service and execution of process or other fees, in whole or in part, in particular circumstances; 
	(c)	the remission or refund of fees or charges by the registrar, in whole or in part, in particular circumstances;
	(d)	the deferral of liability by the registrar for the payment of fees or charges, in whole or in part, in particular circumstances.
(3) 	A determination under subsection (1) is a disallowable instrument.
37A 	Fees and charges—payment
(1) 	A fee or charge determined under subsection 37 (1) is payable, in advance, in accordance with the determination, subject to this section.
 (2) 	A fee or charge determined under subsection 37 (1) is payable on notification from the registrar if it is calculated by reference to expenses actually incurred in performing the function, or in providing the facility or service, for which the fee or charge is payable.
(3) 	If a fee or charge determined under subsection 37 (1) and payable in advance is not paid when due, there is no obligation on the registrar or the court to perform the function, or provide the facility or service, for which the fee or charge is payable.
37B 	Fees and charges—remission, refund, deferral, waiver, exemption 
(1) 	A fee or charge determined under subsection 37 (1) may be remitted or refunded, or liability for its payment deferred, in accordance with the determination.
(2) 	A fee or charge determined under subsection 37 (1) is not payable—
	(a)	if the person otherwise liable to pay the fee or charge is—
	(i)	exempt from paying the fee or charge under subsection 
93 (1) of the Legal Aid Act 1977; or
	(ii)	legally assisted under a scheme or service provided or approved by the Attorney-General; or
	(b)	if the registrar waives payment of the fee or charge in whole or in part because he or she considers that it would impose hardship on the person liable to pay the fee or charge—to the extent of the waiver; or
	(c)	for lodging a document, or for the service or execution of process, in relation to proceedings—
	(i)	in a criminal matter, including an appeal; or
	(ii)	under the Coroners Act 1997; or
	(iii)	under Part 8 of the Legal Practitioners Act 1970; or
	(iv)	under Part 10 of the Magistrates Court Act 1930; or
	(v)	under any of the following Acts: or
	(A)	the Adoption Act 1993; or
	(B)	the Children and Young People Act 1999; or
	(D)	the Domestic Violence Act 1986; or
	(E)	the Guardianship and Management of Property Act 1991; or
	(G)	the Mental Health (Treatment and Care) Act 1994; or
	(H)	the Testamentary Guardianship Act 1984; or
	(vi)	on appeals in respect of the following matters:
	(A)	a matter under the Children and Young People Act 1999; or
	(B)	a matter under the Mental Health (Treatment and Care) Act 1994; or
	(C)	a decision of the Guardianship and Management of Property Tribunal; or
	(vii)	on a matter that has been remitted to the court by the High Court under section 44 of the Judiciary Act 1903 of the Commonwealth; or
	(viii)	in respect of which a convention to which Australia is a party provides that a fee is not to be payable; or
	(ix)	on an application to the court for an extension of the time within which a proceeding may be commenced; or
	(x)	on an application referred to in subsection 24 (10), 26A (2) or 51A (3) of the Juries Act 1967.
37C 	Fees and charges—recovery where otherwise not payable
(1) 	This section applies in civil proceedings in the court between 2 parties (the first party and the second party), where—
	(a)	a filing fee, or a fee for the service or execution of process, otherwise payable by the first party is—
	(i)	not payable (in whole or in part) due to the exemption of the first party as referred to in paragraph 37 (2) (a) or (b) or 37B (2) (a); or
	(ii)	remitted or refunded (in whole or in part) under subsection 37B (1); or
	(iii)	the subject of waiver (in whole or in part) under paragraph 37B (2) (b); and
	(b)	judgment is given or entered in favour of the first party; and
	(c)	the first party’s costs are payable by the second party.
(2) 	Where this section applies, the second party shall pay to the registrar an amount equal to the amount in relation to which the first party was exempted, or the amount of the remission, refund or waiver, as the case requires.
37D 	Fees and charges—review of decisions
(1) 	The following decisions of the registrar are reviewable under this section:
	(a)	a decision referred to in paragraph 37 (2) (c) in relation to the refusal to remit or refund a fee or charge (in whole or in part);
	(b)	a decision referred to in paragraph 37 (2) (d) in relation to the refusal to defer liability for paying a fee or charge (in whole or in part);  
	(c)	a decision under paragraph 37B (2) (b) in relation to the waiver of payment of a fee or charge (in whole or in part).
(2) 	After making a reviewable decision, the registrar shall give a written notice of the decision to the eligible person including a statement to the effect that—
	(a)	the person may apply to the registrar for a statement of reasons for the decision; and
	(b)	the person may apply to the master or a judge for review of the decision within the review period.
(3) 	On written application by the eligible person within 28 days after the person’s receipt of a notice under subsection (2), the registrar shall give the person a written statement of reasons for the relevant decision.
(4) 	On written application by the eligible person within the review period, the master or a judge may review a reviewable decision.
(5) 	On a review under subsection (4), the master or the judge may make such order as he or she considers appropriate.
(6) 	No fee or charge is payable in relation to an application for review under subsection (4).
(7) 	In this section:
eligible person, in relation to a reviewable decision, means the person who claims to be entitled to the relevant remission, refund, deferral or waiver.
review period, in relation to a reviewable decision, means—
	(a)	the period of 28 days after receipt by the eligible person of notice of the decision under subsection (2); or
	(b)	if the eligible person applies under subsection (3) for a statement of reasons for the decision—the period of 28 days after he or she receives the statement of reasons.

part 2A—TERMS AND CONDITIONS of judges
37E 	Meaning of entitlements
	In this Part:
entitlements means a benefit other than remuneration or allowances.
37F 	Resident judges
(1) 	This section applies to a person (not being a person to whom subsection 29A (2) of the A.C.T. Self-Government (Consequential Provisions) Act 1988 (Cwlth) applies) who is appointed as a resident judge, being an appointment made while another resident judge holds office as a judge of the Federal Court.
(2) 	A person to whom this section applies shall be entitled to the same remuneration, allowances and entitlements as judges of the Federal Court are entitled to from time to time.
(3) 	For the purposes of subsection (2), the Judges’ Pensions Act 1968 (Cwlth) and the Judges (Long Leave Payments) Act 1979 (Cwlth), as in force from time to time, apply in relation to a person to whom this section applies, to the extent to which they are capable of being so applied, as if—
	(a)	those Acts were laws of the Territory; and
	(b)	the person had been a judge of the Federal Court immediately before he or she retired or died and had served as a judge of that court for a period equal to the period of the person’s service as a resident judge; and
	(c)	a reference to the Attorney-General of the Commonwealth were a reference to the Attorney-General; and
	(d)	a reference to the Governor-General of the Commonwealth were a reference to the Executive; and
	(e)	a reference to section 72 of the Constitution were a reference to section 5 of the Judicial Commissions Act 1994; and
	(f)	a reference to the Consolidated Revenue Fund were a reference to the public money of the Territory; and
	(g)	a reference to the Administrative Appeals Tribunal of the Commonwealth were a reference to the administrative appeals tribunal.
37G 	Acting judges
(1) 	The remuneration and allowances of an acting judge shall be as prescribed.
(2) 	An acting judge shall receive the same entitlements, other than in relation to leave or pension, as a resident judge.
37H 	Dual appointments
(1) 	In this section:
superior court office, in relation to a judge of the court who holds office as a judge of a superior court of record of the Commonwealth, a State or another Territory, means the office of judge of that superior court of record.
(2) 	Subject to subsections (3) and (4), a judge is not entitled to remuneration, allowances or entitlements if the judge—
	(a)	concurrently holds a superior court office; and
	(b)	is entitled to remuneration, allowances or entitlements (as the case requires) in respect of the superior court office.
(3) 	Where the amount of remuneration or allowances to which a judge would be entitled as a judge of the court if subsection (2) did not apply exceeds the remuneration or allowances (as the case may be) to which he or she is entitled in respect of his or her superior court office, the judge is entitled to receive an additional amount equal to that excess.
(4) 	Where the entitlements to which a judge would be entitled as a judge of the court if subsection (2) did not apply—
	(a)	are of a type not provided for in respect of his or her superior court office; or
	(b)	are of a better quality than those provided for in respect of his or her superior court office;
the judge is entitled to receive entitlements of that type or quality.
(5) 	This section does not apply to an acting judge of the court.
37I 	Accrual and appropriation
(1) 	The remuneration and allowances to which a judge is entitled accrue from day-to-day.
(2) 	The public money of the Territory is appropriated to the extent necessary for payment to judges of remuneration and allowances.

part 3—the master
38 	The master
	There shall be a Master of the court.
39 	Powers and duties of master
(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.
40 	Appointment of master
(1) 	The master shall be appointed by the Executive.
(2) 	A person shall not be appointed as the master unless the person has been a legal practitioner for not less than 5 years.
(3) 	A person who has attained 70 years of age shall not be appointed as the master.
41 	Term of office
(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 reappointment; 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.
41A 	Extension of term of office
(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. 
41B 	Terms and conditions not provided for by this Act
	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.
41C 	Holding other offices
(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.
42 	Oath or affirmation of office—master
	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.
43 	Resignation
	The master may resign by writing signed and delivered to the Attorney-General. 
44 	Retirement
	The Executive may, with the consent of the master if he or she is—
	(a)	an eligible employee for the purposes of the Superannuation Act 1976 (Cwlth); or
	(b)	a member of the Superannuation Scheme for the purposes of the Superannuation Act 1990 (Cwlth);
retire the master from office on the ground of invalidity.
45 	Acting appointments
(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.
(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; or
	(b)	there was a defect or irregularity in connection with the appointment; or
	(c)	the appointment had ceased to have effect.

part 4—officers
46 	Appointment
(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.
46A 	Acting appointments
(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; or
	(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.
46B 	Staff assisting the registrar
(1) 	The staff assisting the registrar shall be employed under the Public Sector Management Act 1994.
(2) 	The Public Sector Management Act 1994 applies in relation to the management of the staff assisting the registrar.
47 	Functions of registrar and deputy registrars
(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. 
48 	Oath or affirmation of office—registrar
	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.
49 	Proceedings before registrar in relation to winding up of companies
(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; and
	(b)	the master and the registrar have all the powers of the court in relation to the winding up; and
	(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.
50 	Functions of sheriff
	The sheriff shall—
	(a)	serve or execute any process of the court directed to him or her; and
	(b)	make due return to the court of such process; and
	(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.
51 	Deputy sheriffs
(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.
52 	Process of the court where sheriff or deputy sheriff is interested party
(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).
53 	Sheriff’s assistants
(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.
53A		Entry, search and seizure—sheriff’s powers
(1)	This section applies where, in executing a judgment against a judgment debtor—
	(a)	the sheriff is refused entry into the judgment debtor’s premises by an occupier of the premises, after having informed, or having made reasonable attempts to inform, the occupier (orally or in writing) about the procedure in relation to the execution of the judgment and the sheriff’s intention to seek an order for entry under this section if entry is refused; or
	(b)	the sheriff—
	(i)	has made reasonable attempts to contact both the judgment debtor and any other occupier of the judgment debtor’s premises to obtain consent to entry of the premises; and
	(ii)	has been unable to make such contact with the judgment debtor or any other occupier of those premises.
(2)	Where this section applies, on application by the sheriff the court may issue an order authorising the sheriff, for any purpose connected with executing the judgment, to enter the judgment debtor’s premises using such force as is necessary and reasonable, with the assistance of a police officer or officers if the sheriff considers such assistance to be necessary.
(3)	Without limiting the generality of subsection (2), an order under that subsection is sufficient authority for the sheriff—
	(a)	to search the judgment debtor’s premises for anything that the sheriff is entitled to seize in execution of the judgment; and
	(b)	to seize and remove any such thing.
(4)	The court shall not make an order under subsection (2) authorising entry to a judgment debtor’s premises unless satisfied that—
	(a)	the judgment debtor resides at the premises; or
	(b)	there is within the premises anything that the sheriff is entitled to seize in execution of the judgment; or
	(c)	the sheriff is entitled to cause the premises to be sold in execution of the judgment.
(5)	No action, suit or proceeding lies against the sheriff in relation to an act done or omitted to be done in good faith in carrying out an order of the court under subsection (2).
(6)	Nothing in this section is to be taken to limit the generality of any other power of the sheriff or the court in relation to the execution of a judgment.
(7)	In this section:
judgment debtor’s premises means premises occupied by the judgment debtor.

part 5—general matters of procedure
54 	Manner of giving evidence
	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.
55 	Evidence by affidavit
(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 legal practitioner, 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.
55A	Hearing of bail applications
(1) 	Unless the court otherwise directs, where—
	(a)	a person who is in custody is required or entitled to appear, or is required to be brought, before the court for the hearing of an application in relation to bail; and
	(b)	an audiovisual link is available between the place where the court is sitting and a place where the person is in custody;
the proceeding shall be conducted by the audiovisual link.
(2) 	The court may at any time vary or revoke a direction made under subsection (1), either on its own motion or on the application of a party to the proceeding.
(3) 	This section does not apply in relation to a person who has not attained the age of 18 years.
(4) 	In this section:
audiovisual link—see the Evidence (Miscellaneous Provisions) Act 1991, section 14.
56	Appearance by legal practitioner
	A party in a cause or matter may appear before the court either personally or by a legal practitioner having the right to practise in the court. 
57 	Orders and commissions for examination of witnesses
	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; and
	(b)	order a commission or letters of request to be issued to take evidence; and
	(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.
58 	Non-appearance or absence of some defendants
(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.
58A	Supreme Court trials—evidence of dead or absent persons
(1) 	On the trial before the Supreme Court of a person who has been committed for trial, whether for the offence in respect of which the person was committed for trial or for an offence founded on evidence disclosed in the course of the preliminary examination, it is provided that—
	(a)	a witness whose depositions were taken in the course of the committal proceedings is dead, is so ill as not to be able to travel or give evidence or is absent from Australia; and
	(b)	the depositions of the witness were taken in the presence of the accused person; and
	(c)	the accused person or that person’s legal practitioner had full opportunity of cross-examining the witness; 
any of the statements in the depositions that would, if the witness who made the depositions had given evidence on the trial have been admissible, are admissible as evidence on the trial.
(2) 	In this section, a reference to the depositions of a witness shall be read as a reference—
	(a)	if a record of the depositions was made in accordance with subsection 54A (2) of the Magistrates Court Act 1930—to a transcript of the record certified in accordance with subsection 255B (2) of that Act; or
	(b)	if the depositions were taken down in writing and signed in accordance with subsection 54A (3) of that Act—to the depositions as so taken down and signed.
59 	Amendment of defects
(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.
60 	Formal defects to be amended
(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 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.
60A 	Completion of part-heard matters—expiration of term of office
(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).
61 	Reserved judgments
(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 one 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.
63 	Change of venue
(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).
64 	Seal
(1) 	The court shall have and use as occasion requires a seal, having inscribed 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.
65 	Use of seals
	All writs, commissions and process issued from the court are to be—
	(a)	in the name of the Crown; and
	(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.
66 	Date of process
	All writs and process issued from the court shall be dated as of the day on which they are issued.
67 	Oaths and affirmations
(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.
67A 	Vexatious litigants
(1) 	In this section:
aggrieved person, in relation to proceedings, means a person aggrieved by the institution of those proceedings.
proceedings means any cause, matter, action, suit or proceeding of any other kind within the jurisdiction of any court or tribunal and includes any proceeding taken in connection with any such legal proceedings pending before any court or tribunal.
vexatious proceedings means proceedings—
	(a)	the purpose of which is to harass or annoy, to cause delay or for some other ulterior purpose; or
	(b)	which lack reasonable grounds.
(2) 	If, on the application of the Attorney-General or an aggrieved person, the court is satisfied that a person has frequently instituted vexatious proceedings, the court may declare the person to be a vexatious litigant.
(3) 	A declaration may be expressed to apply only in respect of a particular type of matter.
(4) 	A declaration may be expressed to be subject to such conditions as the court thinks fit.
(5) 	If a person is declared to be a vexatious litigant—
	(a)	the person, or a person acting in concert with the person, shall not institute or continue any proceedings or, in the case of a declaration expressed to apply only in respect of a particular type of matter, proceedings of that type, without the leave of the court; and
	(b)	any proceedings pending at the time of the declaration or, in the case of a declaration expressed to apply only in respect of a particular type of matter, proceedings of that type, are stayed subject to any order of the court in relation to those proceedings.
(6) 	Where the court grants leave to a person for the purposes of paragraph (5) (a), it may impose such conditions as it thinks fit.
(7) 	Conditions imposed under subsection (6) in relation to proceedings may include conditions—
	(a)	relating to security for costs in the proceedings; and
	(b)	specifying matters relating to the issue of process in the proceedings.
(8) 	Unless expressed to remain in force until the expiration of a date specified in the declaration, a declaration remains in force until revoked by the court.
(9) 	The court may vary a declaration.
(10) 	Subject to any order of the court, the making, variation and revocation of a declaration shall be notified by the registrar in the Gazette.
(11) 	Where proceedings are instituted by a person in contravention of this section the proceedings shall be taken to have been permanently stayed.
(12) 	Where practicable, any documents filed or lodged with a court or tribunal by a person in proceedings referred to in subsection (11) shall be returned to the person by the registrar or similar officer of a court or tribunal.
(13) 	Notwithstanding subsection (5), a person declared to be a vexatious litigant may, without the leave of the court, apply to the court for the revocation or variation of the declaration or of any conditions to which the declaration is subject.

PART 7—TRIAL ON INDICTMENT
68	Prosecution of indictable offences
(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 authorise 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. 
68A 	Trial by jury in criminal proceedings
	Criminal proceedings shall be tried by a jury, except as otherwise provided by this Part.
68B	Trial by judge alone in criminal proceedings
(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; and
	(b)	the accused person produces a certificate signed by a legal practitioner 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; and
	(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.
68C 	Verdict of judge in criminal proceedings
(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 8—summary offences related to indictable offences
68D 	Related summary offences
(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; or
	(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.
68E 	Procedure
(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.
68F 	Remission of related offences to Magistrates Court
	The court may, at any time, remit a related summary offence being dealt with under this Part to the Magistrates Court.

PART 9—miscellaneous
69 	Interest up to judgment
(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)	authorise the giving of interest upon interest or of a sum in lieu of such interest; or
	(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 (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; or
	(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.
70 	Interest on judgments
	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.
70A 	Failure to attend Supreme Court as required
(1) 	Where a person duly bound by recognisance or served with a subpoena to attend as a witness in a proceeding before the Supreme Court fails to attend, or remain in attendance, before the Supreme Court as required by the recognisance or the subpoena, the court may issue its warrant directing that the person be arrested and brought before the court to give evidence in the proceeding.
(2) 	Where a person duly bound by a recognisance or served with a subpoena to attend as a witness in a proceeding before the Supreme Court appears or is brought before the Supreme Court, after having failed to attend or remain in attendance before the Supreme Court as required by the recognisance or the subpoena, the court may, if satisfied that the failure to attend was without just cause or reasonable excuse—
	(a)	impose on the person a fine not exceeding 50 penalty units; or
	(b)	commit the person to prison for a term not exceeding 6 months; or
	(c)	both impose the fine under paragraph (a) and commit the person to prison under paragraph (b).
71 	Security of the peace and for good behaviour
	The court may hold persons to security of the peace and for good behaviour in matters arising under the laws of the Territory.
73 	Duty of receiver and manager
	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 would be bound to do if in possession.
74 	Liability and protection of receivers and managers
	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.
74A 	Certified copies of transcript of Supreme Court proceedings
(1) 	Where a record is made of evidence given in a proceeding before the Supreme Court, the registrar has custody of the record.
(2) 	The registrar shall give such directions as are necessary to ensure that, as and when required, a transcript of the record of evidence given in a proceeding in the Supreme Court is prepared, and, for the purpose of enabling the transcript to be prepared, the record shall be produced out of the custody of the registrar.
(3) 	The person who—
	(a)	prepares a transcript under subsection (2); or
	(b)	if such a transcript is prepared under supervision—supervises the transcription;
shall certify on the transcript that it is a true transcript of the record of the proceedings produced out of the custody of the registrar.
(4) 	Where—
	(a)	a record of evidence given in a proceeding in the Supreme Court has been made by means of sound recording apparatus; and
	(b)	the sound recording is produced out of the custody of the registrar; and
	(c)	the sound recording contains a record of the comments that purport—
	(i)	to have been made at the same time as the sound recording produced out of the custody of the registrar was made; and
	(ii)	to have been made for the purpose of identifying the proceeding or the voices recorded by the sound recording or any other matter or thing so recorded; 
the sound recording is evidence of the identity of the proceedings, of the voices or of the other matter or thing, as the case may be.
(5) 	Upon application, the registrar shall, subject to subsection (5A)—
	(a)	give the applicant a copy of the whole or any requested part of a transcript prepared under subsection (2); and
	(b)	certify on the copy that it is a true copy of the transcript or part, as the case may be.
(5A) 	The registrar shall not furnish a copy of a transcript or part of a transcript to an applicant unless—
	(a)	the applicant is a party to the proceeding to which the transcript relates; or
	(b)	the applicant satisfies the registrar or a judge that he or she has good reason for applying.
(6) 	Where—
	(a)	a document purports to be a transcript, made in accordance with this section, of evidence given by a person in a proceeding in the Supreme Court; and
	(b)	the document bears a certificate that purports to be a certificate given in accordance with subsection (5); 
any statement in the document is admissible in evidence in another proceeding to the same extent that the statement would, if given orally, be admissible in that other proceeding if the person—
	(c)	is dead; or
	(d)	is outside Australia and it is not reasonably practicable to secure his or her attendance; or
	(e)	if unfit by reason of old age or bodily or mental condition to appear as a witness; or
	(f)	cannot with reasonable diligence be found.
75 	Regulation-making power
	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	(See s 19, s 42 and s 48)
	oaths and affirmation 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.

ENDNOTES
1	About this republication
This is a republication of the Supreme Court Act 1933 as in force on 1 September 2000.  It includes all amendments made to the Act up to Act 2000 No 17.
Amending and modifying laws are annotated in the table of legislation and table of amendments.  However, any current modifications are not included in the republished Act but are set out in the endnotes.
The Parliamentary Counsel’s Office currently prepares 2 kinds of republications of ACT laws:  authorised printed republications to which the Legislation (Republication) Act 1996 applies and unauthorised electronic republications.  The status of a republication appears on its cover and is indicated by its republication number.
A republication number without a letter (eg 1, 2, 3 etc) indicates that the republication is an authorised printed republication.  A number with a letter (eg 1A, 1B, 1C etc) indicates that the republication is an unauthorised electronic republication.
Section 13 of the Legislation (Republication) Act 1996 authorises the Parliamentary Counsel, in preparing a law for republication, to make textual amendments of a formal nature which the Parliamentary Counsel considers desirable in accordance with current legislative drafting practice.  The amendments do not effect a substantive change in the law.
In preparing this republication, amendments have not been made under section 13.
Not all amendments made under section 13 are annotated in the table of amendments.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
2	About the republished Act
The Supreme Court Act 1933 was originally the Seat of Government Supreme Court Act 1933 (Cwlth).  It was renamed by the A.C.T Supreme Court (Transfer) Act 1992 (Cwlth) (see s 13 sch 1).  It became a Territory enactment on I July 1992 (see the Australian Capital Territory (Self-Government) Act 1988 (Cwlth) s 34 sch 2) but its previous history is included in this republication.
3	Abbreviation key
Key to abbreviations in tables

am = amended
amdt = amendment
ch = chapter
cl = clause
def = definition
dict = dictionary
div = division
exp = expires/expired
Gaz = Gazette
hdg = heading
ins = inserted/added
LR = Legislation (Republication) Act 1996
mod = modified
No = number
notfd = notified
o = order
om = omitted/repealed
orig = original
p = page
par = paragraph
pres = present
prev = previous
(prev...) = previously
prov = provision
pt = part
r = rule/subrule
reg = regulation/subregulation
renum = renumbered
reloc = relocated
R[X] = Republication No
s = section/subsection
sch = schedule
sdiv = subdivision
sub = substituted
SL = Subordinate Law
SR = Statutory Rule
sp = spent
*  = SL unless otherwise stated
† = Act or Ordinance unless otherwise stated

4	Table of legislation
Part 1—Commonwealth legislation
Act†	Year and number†	Date of Assent	Commencement	Transitional provisions	

Seat of Government Supreme Court Act 1933	1933 No 34	9 Dec 1933	1 Jan 1934		
Seat of Government Supreme Court Act 1935	1935 No 27	13 Apr 1935	13 Apr 1935	—	
Seat of Government Supreme Court Act 1945	1945 No 57	19 Oct 1945	19 Oct 1945	—	
Salaries (Statutory Offices) Adjustment Act 1947	1947 No 52	1 Nov 1947	1 Nov 1947	s 2 (2)	
Judges’ Pensions Act 1948	1948 No 65	9 Dec 1948	9 Dec 1948	s 14	
Salaries (Statutory Offices) Adjustment Act 1950	1950 No 51	14 Dec 1950	1 July 1950	—	
Statute Law Revision Act 1950	1950 No 80	16 Dec 1950	31 Dec 1950	ss 16 and 17	
Judges’ Remuneration Act 1955	1955 No 17	9 June 1955	1 Jan 1955	—	
Australian Capital Territory Supreme Court Act 1955	1955 No 36	16 June 1955	14 July 1955	—	
Australian Capital Territory Supreme Court Act 1956	1956 No 47	30 June 1956	14 Aug 1956 (see 
s 2 and Gaz 1956 
p 2489)	—	
Australian Capital Territory Supreme Court Act 1957	1957 No 34	7 June 1957	5 July 1957	s 16	
Australian Capital Territory Supreme Court Act 1958	1958 No 43	29 Sept 1958	29 Sept 1958	—	
Australian Capital Territory Supreme Court Act 1959	1959 No 51	22 May 1959	22 May 1959	—	
Judges’ Remuneration Act 1960	1960 No 110	16 Dec 1960	1 Oct 1960	—	
Australian Capital Territory Supreme Court Act 1964

as
amended
by
Statute Law Revision Act 1973	1964 No 109

1973 No 216	20 Nov 1964

19 Dec 1973	s 5:  27 Oct 1960
remainder:  royal assent

31 Dec 1973	ss 6 (2), (3) and 8 (2)
s 6 (4) (am by 1973 
No 216 s 3)

ss 9 (1) and 10	
Judges’ Remuneration Act 1965	1965 No 92	4 Dec 1965	1 July 1965	—	
Australian Capital Territory Supreme Court Act 1966	1966 No 8	3 May 1966	31 May 1966	—	
Statute Law Revision (Decimal Currency) Act 1966	1966 No 93	29 Oct 1966	1 Dec 1966	—	
Australian Capital Territory Supreme Court Act 1968	1968 No 156	10 Dec 1968	10 Dec 1968	ss 4 (2) and 9 (2)	
Judges’ Remuneration Act 1969	1969 No 40	14 June 1969	14 June 1969	—	
Australian Capital Territory Supreme Court Act 1971	1971 No 13	5 Apr 1971	5 Apr 1971	s 5 (2)	
Australian Capital Territory Supreme Court Act 
(No 2) 1971	1971 No 98	17 Nov 1971	17 Nov 1971	ss 6 (2), (3) and 11 (2)	
Statute Law Revision Act 1973	1973 No 216	19 Dec 1973	31 Dec 1973	ss 9 (1) and 10	
Australian Capital Territory Supreme Court Amendment Act 1976	1976 No 158	9 Dec 1976	ss 12 and 14:
1 Feb 1977 (see Gaz 1977 
No S3)
remainder:  royal assent	ss 5 (2)-(4), 12 (2) and 15 (2)	
Australian Capital Territory Supreme Court Amendment Act 1978	1978 No 3	20 Mar 1978	1 Apr 1980 (see Gaz 1980 No S65)	—	
Statute Law Revision Act 1981
as
amended
by
Statute Law (Miscellaneous Amendments) Act (No 1) 1982	1981 No 61

1982 No 26	12 June 1981

7 May 1982	s 115:  12 June 1981

s 216:  4 June 1982 
s 217:  12 June 1981	—

—	
Companies (Miscellaneous Amendments) Act 1981	1981 No 92	18 June 1981	pt I (ss 1 and 2):  royal assent
div 1 of pt 11 
(s 36):   1 July 1981 (see s 2 (2) and Gaz 1981 No S118)
remainder:
1 July 1982 (see s 2 (3) and Gaz 1982 No S124)	—	
Statute Law (Miscellaneous Amendments) Act 1981	1981 No 176

as
amended
by
1982 No 80	2 Dec 1981

22 Sept 1982	pt 6 (ss 13-17):  30 Dec 1981

pt 70 (ss 260 and 261):  30 Dec 1981	ss 16 (2) and 17 (2)

—	
Statute Law (Miscellaneous Amendments) Act (No 1) 1982	1982 No 26	7 May 1982	pt 8 (ss 59-69):  7 May 1982	s 69	
Statute Law (Miscellaneous Provisions) Act (No 2) 1983	1983 No 91	22 Nov 1983	s 3:  1 Jan 1934	ss 2 (14) and 6 (1)	
Director of Public Prosecutions (Consequential Amendments) Act 1983	1983 No 114	14 Dec 1983	s 8 (1):  16 Dec 1985 (see s 2 (2))
s 8 (2):  16 Dec 1985 (see s 2 (3))
remainder:  5 Mar 1984 (see s 2 (1) and Gaz 1984 
No S55)	—	
Statute Law (Miscellaneous Provisions) Act (No 1) 1985	1985 No 65	5 June 1985	s 3:  3 July 1985 	—	
Statute Law (Miscellaneous Provisions) Act (No 2) 1986	1986 No 168	18 Dec 1986	s 3:  18 Dec 1986	s 5 (1)	
Statute Law (Miscellaneous Provisions) Act 1988	1988 No 38	3 June 1988	s 3:  9 Nov 1988 (see Gaz 1988 
No S348)	s 5 (1)	
Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988	1988 No 99	2 Dec 1988	2 Dec 1988	—	
A.C.T. Self-Government (Consequential Provisions) Act 1988	1988 No 109	6 Dec 1988	s 32:  11 May 1989 (see Gaz 1989 
No S164) 	—	
A.C.T Self-Government (Consequential Provisions) Regulations	SR 1989 No 3

as 
amended 
by
SR 1989 No 52
SR 1989 No 188	25 Jan 1989

10 Apr 1989
6 July 1989	25 Jan 1989

11 May 1989
11 May 1989	—

—
—	
Law and Justice Legislation Amendment Act 1990	1990 No 115	21 Dec 1990	ss 3-39:  21 June 1991
remainder:  21 Dec 1990	—	
Law and Justice Legislation Amendment Act 1991	1991 No 136	12 Sept 1991	sch:  10 Oct 1991 	s 3 (1)	
A.C.T. Supreme Court (Transfer) Act 1992	1992 No 49	17 June 1992	1 July 1992	s 14 (5)	

Part 2—Legislation after becoming Territory enactment
Act†	Year and number†	Gazette
notification	Commencement	Transitional provisions	
Supreme Court (Amendment) Act 1993	1993 No 59	6 Sept 1993	6 Sept 1993	s 7	
Supreme Court (Amendment) Act  (No 2) 1993	1993 No 91	17 Dec 1993	17 Dec 1993	ss 8 (2), 16 (2), 20 (2) and 22 (2)	
Legal Practitioners (Amendment) Act 1993	1993 No 94	24 Dec 1993	24 Dec 1993	—	
Supreme Court (Amendment) Act 1994	1994 No 3	14 Mar 1994	14 Mar 1994	s 5	
Judicial Commissions (Consequential Amendments) Act 1994	1994 No 10	14 Mar 1994	14 Mar 1994	—	
Public Sector Management (Consequential and Transitional Provisions) Act 1994
	1994 No 38	30 June 1994	ss 1 and 2:  30 June 1994
remainder:  1 July 1994 (see Gaz 1994 No S142 p 2)	ss 3, 5-12, 15 and 19	
Mental Health (Consequential Provisions) Act 1994	1994 No 45	7 Sept 1994	ss 1 and 2:  7 Sept 1994
remainder:  6 Feb 1995 (see
s 2 (2) and Gaz 1995 No S33 p 2)	—	
Administrative Appeals (Consequential Amendments) Act 1994	1994 No 60	11 Oct 1994	ss 1 and 2:  11 Oct 1994
remainder:   14 Nov 1994 (see 
s 2 (2) and Gaz 1994 No S250)	—	
Statute Law Revision Act 1995	1995 No 46	18 Dec 1995	18 Dec 1995	—	
Financial Management and Audit (Consequential and Transitional Provisions) Act 1996	1996 No 26	1 July 1996	1 July 1996	—	
Remuneration Tribunal (Consequential Amendments) Act 1997	1997 No 41	19 Sept 1997	ss 1 and 2:  19 Sept 1997
remainder:  23 Sept 1997 (see Gaz 1997 No S280)	—	
Coroners (Consequential Provisions) Act 1997	1997 No 58	9 Oct 1997	9 Oct 1997	—	
Juries (Amendment) Act 1997	1997 No 83	25 Nov 1997	ss 12, 21, 26, 28 and 33:  2 Feb 1998 (see Gaz 1998 No S42)
remainder:  25 Nov 1997	—	
Legal Practitioners (Consequential Amendments) Act 1997	1997 No 96	1 Dec 1997	ss 1 and 2:  1 Dec 1997
remainder :  1 June 1998 (see s 2 (2))	—	
Supreme Court (Amendment) Act 1998	1998 No 6	25 May 1998	25 May 1998	—	
Supreme Court (Amendment) Act (No 2) 1998	1998 No 72	23 Dec 1998	ss 4, 5 and 7:  29 Sept 1997
remainder:  23 Dec 1998	—	
Courts and Tribunals (Audio Visual and Audio Linking) Act 1999	1999 No 22	14 Apr 1999	ss 1 and 2:  14 Apr 1999
remainder:  1 Sept 1999 (see Gaz 1999 No 35 p 447)	—	
Children and Young People (Consequential Amendments) Act 1999	1999 No 64	10 Nov 1999	ss 1 and 2:  10 Nov 1999
remainder: 10 May 2000 (see s 2 (2))	—	
Law Reform (Miscellaneous Provisions) Act 1999	1999 No 66	10 Nov 1999	10 Nov 1999	—	
Victims of Crime (Financial Assistance) (Amendment) Act 1999	1999 No 91	23 Dec 1999	ss 1 and 2:  23 Dec 1999
remainder:  24 Dec 1999 (see Gaz 1999 No S69 p 2)	—	
Justice and Community Safety Legislation Amendment Act 2000	2000 No 1	9 Mar 2000	9 Mar 2000	—	
Justice and Community Safety Legislation Amendment Act 2000 (No 3)
	2000 No 17	1 June 2000	1 June 2000	—	

5	Table of amendments
In this table Acts for 1992 and earlier years are Commonwealth Acts, and Acts for 1993 and later years are ACT Acts.

Provision	How affected†

title	am 1971 No 98
s 1	am 1950 No 80; 1992 No 49
s 2	orig s 2 sub 1959 No 51
	am 1964 No 109
	om 1973 No 216
	(prev s 5) am 1935 No 27; 1945 No 57; 1957 No 34; 1958 No 43; 1964 No 109; 1968 No 156; 1971 Nos 13 and 98; 1973 No 216; 1976 No 158; 1982 No 26; 1988 Nos 38 and 109; 1992 No 49
	renum (Cwlth) 1992 No 49
	am 1993 Nos 59 and 91; 1994 No 60
s 3	orig s 3 am 1973 No 216; 1976 No 158 ; 1981 No 61
	om 1992 No 49
	(prev s 6) am 1958 No 43; 1971 Nos 13 and 98; 1976 No 158; 1982 
No 26
	renum (Cwlth) 1992 No 49
	am 1993 No 91
s 4	orig s 4 om 1973 No 216
	(prev s 7) sub 1958 No 43
	am 1968 No 156; 1971 Nos 13 and 98; 1973 No 216; 1976 No 158; 1982 No 26; 1992 No 49
	renum (Cwlth) 1992 No 49
	am 1993 No 91; 1994 No 10; 1997 No 96
s 4A	ins 1993 No 91
	am 1997 No 96
s 5	(prev s 7AA) ins 1988 No 109
	sub 1992 No 49
	renum (Cwlth) 1992 No 49
	am 1993 No 91
s 6	(prev s 7A) ins 1976 No 158
	am 1982 No 26
	renum (Cwlth) 1992 No 49
s 7	(prev s 7B) ins 1976 No 158
	am 1982 No 26
	renum (Cwlth) 1992 No 49
s 8	am 1945 No 57; 1956 No 47
	sub 1958 No 43
	am 1968 No 156; 1971 No 13
	sub 1971 No 98
	am 1976 No 158
	sub 1988 No 38
	mod SR 1989 No 3 (as am SR 1989 No 188) (exp 1/07/92)
	am 1992 No 49; 1993 No 91
s 9	(prev s 8AAA) ins 1988 No 38
	renum (Cwlth) 1992 No 49
	am 1993 No 91
s 10	(prev s 8AAB) ins 1988 No 38
	renum (Cwlth) 1992 No 49
	am 1993 No 91
s 11	(prev s 8AA) ins 1968 No 156
	am 1971 Nos 13 and 98; 1976 No 158
	mod SR 1989 No 3 (as am SR 1989 No 52) (exp 1/07/92)
	sub 1990 No 115
	renum (Cwlth) 1992 No 49
	sub 1993 No 91
	am 1993 No 94; 1997 No 96
s 12	(prev s 8AABA) mod SR 1990 No 3 (as am SR 1989 No 188) 
(exp 1/07/92)
	ins 1992 No 49
	renum (Cwlth) 1992 No 49
	am 1993 No 91; 1994 No 60
	om 2000 No 1 s 3 sch
s 13	orig s 13 am 1968 No 156; 1971 No 98
	om 1976 No 158
	(prev s 8AB) ins 1971 No 98
	am 1976 No 158
	renum (Cwlth) 1992 No 49
	am 1993 No 91
s 14	(prev s 8AC) ins 1971 No 98
	am 1976 No 158; 1988 No 38
	mod SR 1989 No 3 (as am SR 1989 No 188) (exp 1/07/92)
	am 1992 No 49
	renum (Cwlth) 1992 No 49
	am 1993 No 91
s 15	(prev s 8AD) ins 1988 No 38
	renum (Cwlth) 1992 No 49
	am 1993 No 91
s 16	(prev s 8A) ins 1945 No 57
	sub 1957 No 34; 1958 No 43; 1964 No 109
	am 1973 No 216; 1992 No 49
	renum (Cwlth) 1992 No 49
	am 1993 No 91
s 17	(prev s 8B) ins 1945 No 57
	am 1947 No 52; 1948 No 65; 1950 No 51; 1955 No 17; 1958 No 43; 1960 No 110; 1965 No 92; 1966 No 93; 1969 No 40; 1971 No 13
	sub 1976 No 158
	am 1982 No 26; 1992 No 49
	renum (Cwlth) 1992 No 49
	am 1993 No 91; 1996 No 26; 1997 No 41
	om 1998 No 72
s 18	(prev s 9) am 1992 No 49
	renum (Cwlth) 1992 No 49
	am 1993 No 91
s 19	(prev s 10) am 1958 No 43; 1976 No 158; 1981 No 176 (as am by 1982 No 80); 1982 No 26; 1992 No 49
	renum (Cwlth) 1992 No 49
	sub 1993 No 91
s 20	(prev s 11) sub 1957 No 34
	am 1976 No 158; 1981 No 61; 1988 No 109
	sub 1992 No 49
	renum (Cwlth) 1992 No 49
	am 1993 No 91
s 21	(prev s 12) am 1957 No 34; 1968 No 156; 1988 No 109
	renum (Cwlth) 1992 No 49
	sub 1993 No 91
s 22	(prev s 14) renum (Cwlth) 1992 No 49
	am 1993 No 91
s 23	(prev s 15) am 1957 No 34; 1988 No 109
	renum (Cwlth) 1992 No 49
	am 1993 No 91
s 24	(prev s 16) am 1950 No 80
	renum (Cwlth) 1992 No 49
	am 1993 No 91
s 25	(prev s 17) am 1976 No 158
	renum (Cwlth) 1992 No 49
	am 1993 No 91
s 26	(prev s 18) renum (Cwlth) 1992 No 49
	sub 1993 No 91
s 27	(prev s 19) renum (Cwlth) 1992 No 49
	sub 1993 No 91
s 28	(prev s 20) am 1957 No 34; 1988 No 109
	renum (Cwlth) 1992 No 49
	sub 1993 No 91
s 29	(prev s 21) renum (Cwlth) 1992 No 49
	sub 1993 No 91
s 30	(prev s 22) renum (Cwlth) 1992 No 49
	sub 1993 No 91
s 31	(prev s 23) am 1973 No 216
	renum (Cwlth) 1992 No 49
	sub 1993 No 91
s 32	(prev s 24) renum (Cwlth) 1992 No 49
	sub 1993 No 91
s 33	(prev s 25) renum (Cwlth) 1992 No 49
	sub 1993 No 91
s 33B	orig s 33B ins 1988 No 38
	om 1992 No 49
s 33E	orig 33E ins 1988 No 38
	om 1992 No 49
s 34	(prev s 26) renum (Cwlth) 1992 No 49
	sub 1993 No 91
ss 34A, 34B	ins 1993 No 91
s 35	(prev s 27) sub 1957 No 34
	am 1988 No 109
	renum (Cwlth) 1992 No 49
	sub 1993 No 91
s 36	(prev s 28) am 1950 No 80; 1957 No 34; 1968 No 156; 1971 No 98; 1973 No 216; 1976 No 158; 1978 No 3; 1981 No 92; 1982 No 26; 1986 No 168; 1988 Nos 99 and 108
	mod SR 1989 No 3 (as am SR 1989 No 52) (exp 1/07/92)
	am 1992 No 49
	renum (Cwlth) 1992 No 49
	am 1993 No 91; 1997 No 96; 1999 No 66 s 6 sch 3
pt III	(prev ss 29-33) om 1959 No 51
s 37	(prev s 29) om 1959 No 51
	ins 1978 No 3
	renum (Cwlth) 1992 No 49
	sub 1994 No 3
	am 1997 No 96; 1999 No 66 s 6 sch 3
s 37A	ins 1994 No 3
s 37B	ins 1994 No 3
	am 1994 No 45; 1995 No 46; 1997 No 58; 1997 No 83
s 37C	ins 1994 No 3
s 37D	ins 1994 No 3
	am 1999 No 66 s 6 sch 3
pt 2A (ss 37E-37I)	ins 1998 No 72
ss 37E-37I	ins 1998 No 72
pt III (ss 38-45)	ins 1988 No 38
s 38	(prev s 30) om 1959 No 51
	ins 1988 No 38
	renum (Cwlth) 1992 No 49
s 39	(prev s 31) om 1959 No 51
	ins 1988 No 38
	am 1988 No 109
	renum (Cwlth) 1992 No 49
	am 1993 No 91
s 40	(prev s 32) om 1959 No 51
	ins 1988 No 38
	am 1992 No 49
	renum (Cwlth) 1992 No 49
	am 1993 No 91; 1997 No 96
s 41	(prev s 33) om 1959 No 51
	ins 1988 No 38
	renum (Cwlth) 1992 No 49
	am 1993 No 91
ss 41A-41C	ins 1993 No 91
s 42	(prev s 33A) ins 1988 No 38
	renum (Cwlth) 1992 No 49
	sub 1993 No 91
s 43	(prev s 33C) ins 1988 No 38
	am 1992 No 49
	renum (Cwlth) 1992 No 49
s 44	(prev s 33D) ins 1988 No 38
	renum (Cwlth) 1992 No 49
	sub 1994 No 10
s 45	(prev s 33F) ins 1988 No 38
	am 1992 No 49
	renum (Cwlth) 1992 No 49
	am 1994 No 10
s 46	(prev s 34) am 1957 No 34
	sub 1964 No 109
	am 1971 No 98; 1988 No 109
	renum (Cwlth) 1992 No 49
	am 1993 No 91
s 46A	ins 1993 No 91
s 46B	ins 1994 No 38
s 47	(prev s 35) sub 1957 No 34
	am  1968 No 156; 1983 No 91; 1988 Nos 38 and 109 
	renum (Cwlth) 1992 No 49
	sub 1993 No 91
s 48	(prev s 35AA) ins 1992 No 49
	renum (Cwlth) 1992 No 49
	sub 1993 No 91
s 49	(prev s 35A) ins 1968 No 156
	am 1988 No 38; 1991 No 136
	renum (Cwlth) 1992 No 49
	am 1993 No 91
s 50	(prev s 36) renum (Cwlth) 1992 No 49
	sub 1993 No 91
pt VI	(prev ss 51, 52) om 1976 No 158
s 51	orig s 51 am 1955 No 36; 1957 No 34; 1966 No 93; 1968 No 156
	om 1976 No 158
	(prev s 37) renum (Cwlth) 1992 No 49
	sub 1993 No 91
s 52	orig s 52 sub 1964 No 109
	om 1976 No 158
	(prev s 37A) ins 1964 No 109
	am 1988 No 109
	renum (Cwlth) 1992 No 49
	sub 1993 No 91
s 53	(prev 37B) ins 1992 No 49
	renum (Cwlth) 1992 No 49
	am 1993 No 91
s 53A	ins 1998 No 6
s 54	(prev s 38) sub 1971 No 98
	am 1988 No 109
	renum (Cwlth) 1992 No 49
	am 1993 No 91
s 55	(prev s 39) am 1957 No 34
	sub 1971 No 98 
	renum (Cwlth) 1992 No 49
	am 1993 No 91; 1997 No 96
s 55A	ins 1999 No 22 s 38
	am 2000 No 17 s 3 sch 1
s 56	(prev s 40) sub 1966 No 8
	renum (Cwlth) 1992 No 49
	am 1993 No 91; 1997 No 96
s 57	(prev s 41) renum (Cwlth) 1992 No 49
	am 1993 No 91
s 58	(prev s 42) renum (Cwlth) 1992 No 49
	am 1993 No 91
s 58A	ins 1999 No 66 s 6 sch 3
s 59	(prev s 43) renum (Cwlth) 1992 No 49
	sub 1993 No 91
s 60	orig s 60 om 1973 No 216
	(prev s 44) renum (Cwlth) 1992 No 49
	am 1993 No 91
s 60A	ins 1993 No 91
s 61	(prev s 44A) ins 1981 No 176
	renum (Cwlth) 1992 No 49
	am 1993 No 91
s 62	(prev s 45) renum (Cwlth) 1992 No 49
	om 1993 No 91
s 63	(prev s 46) renum (Cwlth) 1992 No 49
	sub 1993 No 91
s 64	(prev s 47) am 1971 No 98; 1976 No 158; 1982 No 26
	renum (Cwlth) 1992 No 49
	am 1993 No 91
s 65	(prev s 48) renum (Cwlth) 1992 No 49
	sub 1993 No 91
s 66	(prev s 49) renum (Cwlth) 1992 No 49
	am 1993 No 91
s 67	(prev s 50) am 1957 No 34; 1992 No 49
	renum (Cwlth) 1992 No 49
	sub 1993 No 91
s 67A	ins 1998 No 72
hdg to pt 7	sub 1993 No 59
s 68	(prev s 53) sub 1957 No 34
	am 1981 No 176; 1983 No 114
	mod SR 1989 No 3 (as am SR 1989 No 52) (exp 1/07/92)
	am 1992 No 49
	renum (Cwlth) 1992 No 49
	am 1993 No 91
s 68A	ins 1993 No 59
s 68B	ins 1993 No 59
	am 1997 No 96
s 68C	ins 1993 No 59
pt 8 (ss 68D-68F)	ins 1993 No 59
ss 68D-68F	ins 1993 No 59
hdg to pt 9	ins 1993 No 59
s 69	(prev s 53A) ins 1981 No 176
	renum (Cwlth) 1992 No 49
	am 1993 No 91
s 70	(prev s 54) am 1966 No 93
	sub 1976 No 158
	renum (Cwlth) 1992 No 49
s 70A	ins 1999 No 66 s 6 sch 3
s 71	(prev s 55) am 1971 No 98; 1973 No 216; 1992 No 49
	renum (Cwlth) 1992 No 49
	am 1993 No 91
s 72	(prev s 56) renum (Cwlth) 1992 No 49
	om 1993 No 91
s 73	(prev s 57) renum (Cwlth) 1992 No 49
	am 1993 No 91
s 74	(prev s 58) renum (Cwlth) 1992 No 49
	am 1993 No 91
s 74A	ins 1999 No 66 s 6 sch 3
s 75	(prev s 59) am 1964 No 109
	renum (Cwlth) 1992 No 49
	sub 1993 No 91
hdg to schs	om 1985 No 65
first schedule	om 1950 No 80
second schedule	om 1959 No 51
sch	ins 1993 No 91

6	Table of earlier republications
republished after Act became a Territory enactment
Republication No	Amendments to	Republication date	
(1)	Act 1992 No 49	1 July 1992	
(2)	Act 1993 No 94	31 December 1993	
(3)	Act 1994 No 60	28 February 1995	
(4)	Act 1996 No 26	30 November 1996	
(5)	Act 1998 No 72	31 March 1999	
6	Act 2000 No 17	1 September 2000	

7	Table of renumbered provisions
as renumbered by Act 1992 No 49 (Cwlth)
Previous	Renumbered as	Previous	Renumbered as	
5	2	32	40	
6	3	33	41	
7	4	33A	42	
7AA	5	33C	43	
7A	6	33D	44	
7B	7	33F	45	
8AAA	9	34	46	
8AAB	10	35	47	
8AA	11	35AA	48	
8AABA	12	35A	49	
8AB	13	36	50	
8AC	14	37	51	
8AD	15	37A	52	
8A	16	37B	53	
8B	17	38	54	
9	18	39	55	
10	19	40	56	
11	20	41	57	
12	21	42	58	
14	22	43	59	
15	23	44	60	
16	24	44A	61	
17	25	45	62	
18	26	46	63	
19	27	47	64	
20	28	48	65	
21	29	49	66	
22	30	50	67	
23	31	53	68	
24	32	53A	69	
25	33	54	70	
26	34	55	71	
27	35	56	72	
28	36	57	73	
29	37	58	74	
30	38	59	75	
31	39			

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