Australian Capital Territory Current Acts

SUPREME COURT ACT 1933

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   2.      Dictionary  
   2A.     Notes  

   PART 2--CONSTITUTION AND JURISDICTION OF THE SUPREME COURT

   3.      Establishment  
   4.      Resident judges  
   4AA.    Requirements of appointment—resident judges  
   4A.     Additional judges  
   4B.     Acting judges  
   5.      Seniority of judges  
   6.      Acting Chief Justice  
   7.      Arrangement of business of court  
   8.      Exercise of jurisdiction  
   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 Full  
   14.     Full Court decisions—equal division of opinion  
   16.     Holding other judicial offices  
   18.     Principal seat of court and sittings  
   19.     Oath or affirmation of office—judges  
   20.     Jurisdiction and powers of Supreme Court  
   22.     No trial by jury in civil proceedings  
   25.     Law and equity to be concurrently administered  
   26.     Equities of plaintiff  
   27.     Equities of defendant  
   29.     Incidental equities  
   30.     Defence or stay of proceeding instead of prohibition order or  
   31.     Common law and statute  
   32.     Final determination of matters  
   33.     Law and equity  
   34.     Equitable damages  
   34B.    Habeas corpus and prerogative orders  

   PART 2A--COURT OF APPEAL

   37E.    Appellate jurisdiction  
   37H.    Appeal bench  
   37I.    Presiding judge  
   37J.    Appeal court constituted by single judge  
   37K.    Decision-making  
   37L.    Appeal judge unable to continue sitting  
   37M.    Reserved judgments  
   37N.    Evidence on appeal  
   37O.    Orders on appeal  
   37P.    New trials  
   37Q.    Bail time on appeal does not count towards sentence  
   37S.    Reference appeal in relation to proceeding  

   PART 2AA--DRUG AND ALCOHOL TREATMENT ORDER JURISDICTION

   37SA.   Definitions—pt 2AA  
   37SB.   Drug and alcohol treatment order jurisdiction  
   37SC.   Court not bound by rules of evidence  
   37SD.   Treatment order judge may convene case conference  

   PART 2B--REMUNERATION, ALLOWANCES AND OTHER ENTITLEMENTS OF JUDGES

   37T.    Meaning of entitlements  
   37U.    Resident judges  
   37UA.   Indemnity for superannuation surcharge levy  
   37V.    Acting judge—conditions of appointment  
   37W.    Dual appointments  
   37X.    Accrual and appropriation  

   PART 4--OFFICERS

   46.     Appointments  
   47.     Functions of registrar and deputy registrars  
   48.     Oath or affirmation of office—registrar  
   50.     Functions of sheriff  
   51.     Deputy sheriffs  
   52.     Process of court if sheriff or deputy sheriff is interested party  
   53.     Sheriff's assistants  

   PART 5--GENERAL MATTERS OF PROCEDURE

   55A.    Hearing of bail applications  
   58A.    Supreme Court trials—evidence of dead or absent persons  
   60A.    Power to complete part-heard proceedings  
   61.     Reserved judgments  
   63.     Change of venue  
   64.     Seals  
   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 certain criminal proceedings  
   68C.    Verdict of judge in criminal proceedings  

   PART 8--BACK-UP AND RELATED OFFENCES

   68CA.   Definitions––pt 8  
   68D.    Back-up and related offences  
   68E.    Procedure  
   68F.    Remission of back-up and related offences to Magistrates Court  
   68G.    Alternative verdict—summary offence  

   PART 8AA--ACQUITTALS

           Division 8AA--.1 Application—pt 8AA

   68H.    Application—pt 8AA  

           Division 8AA--.2 Important concepts

   68I.    Definitions—pt 8AA  
   68J.    Meaning of acquittal—pt 8AA  
   68K.    Meaning of fresh and compelling evidence—pt 8AA  
   68L.    Meaning of tainted acquittal—pt 8AA  

           Division 8AA--.3 Retrial etc of acquitted person

   68M.    Court may order retrial—category A offence  
   68N.    Court may order retrial—category B offence  
   68O.    Court may order trial—administration of justice offence  
   68P.    Interests of justice  

           Division 8AA--.4 Procedure

              Subdivision 8AA--.4.1 Applications under pt 8AA

   68Q.    Conditions for retrial application  
   68R.    Limitations on retrial application  
   68S.    Conditions for justice offence trial application  

              Subdivision 8AA--.4.2 Presentation of indictment

   68T.    Limitations on indictment  
   68U.    Indictment for retrial of category A or category B offences  
   68V.    Indictment for trial of justice offence  

           Division 8AA--.5 Conduct of proceeding for retrial etc

   68W.    Prosecution must not refer to certain matters before jury  

           Division 8AA--.6 Miscellaneous

   68X.    Entitlement to bail  
   68Y.    Single course of action for each proceeding  
   68Z.    Restrictions on publication  
   68ZA.   Maximum penalty for retrial offence  
   68ZB.   Indemnification for costs  

   PART 8A--JUDICIAL OFFICERS EXCHANGE

   69A.    Definitions—pt 8A  
   69B.    Establishment of judicial exchange arrangements  
   69C.    Transfer of judicial officer of another jurisdiction to ACT court  
   69D.    Service in ACT court of judicial officer of another jurisdiction  
   69E.    Service of ACT judicial officer in corresponding court  
   69F.    Judicial office not affected by appointment to another judicial  
   69G.    Other arrangements not affected  
   69H.    Amendment of sch 3  

   PART 9--MISCELLANEOUS

   70A.    Failure to attend Supreme Court as required  
   71.     Security of the peace and for good behaviour  
   74A.    Certified copies of transcript of Supreme Court proceedings  
   76.     Regulation-making power  

   PART 13--TRANSITIONAL--COURTS LEGISLATION AMENDMENT ACT 2023

   119.    Meaning of associate judge—pt 13  
   120.    Equally divided opinion relating to order of associate judge  
   121.    Appeals against interlocutory orders of associate judge  
   122.    Power to complete part-heard proceedings of associate judge  
   123.    Expiry—pt 13  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           DICTIONARY
           ENDNOTES