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SUPREME COURT ACT 1970 - SECT 16
Pending proceedings
(1) Subject to the rules, and unless the Court otherwise orders, this Act does
not apply to, and the repeals and amendments made by this Act do not affect,
any proceedings commenced in the Court before the commencement of this Act.
(2) In particular, but without limiting the generality of subsection (1),
subject to the rules, and unless the Court otherwise orders, in the case of
any proceedings commenced in the Court before the commencement of this Act,
this Act does not apply to, and the repeals and amendments made by this Act do
not affect-- (a) the completion after the commencement of this Act of any step
in the proceedings taken before the commencement of this Act, or
(b) the
taking and completion after the commencement of this Act of any step in the
proceedings.
(3) Notwithstanding subsections (1) and (2)-- (a) sections 10
and 98 apply to proceedings commenced in the Court before the commencement of
this Act,
(b) any person held in custody on the date of commencement of this
Act under any attachment or committal (otherwise than for contempt of court)
or under any writ of capias ad respondendum or writ of ne exeat or otherwise
on mesne process or under any writ of capias ad satisfaciendum shall, unless
there is other lawful warrant for holding the person in custody, be discharged
from custody on the date of commencement of this Act, and
(c) no writ of
foreign attachment under Part 20 of the Common Law Procedure Act 1899 shall be
issued after the commencement of this Act.
(4) For the purposes of this
section-- (a) the expression
"proceedings" includes-- (i) any cause, suit, application or matter in or
before the Court or for decision or determination by the Court or any Judge of
the Court, and
(ii) any appeal from, or other means of review (whether by way
of stated case, statutory prohibition or otherwise) of, any decision or
determination of any court, tribunal or person,
(b) the expression
"judgment" includes any rule, decree or order, and
(c) the expression
"step" includes-- (i) the entry or other perfecting of any judgment,
(ii) an
appeal to the Court of Appeal,
(iii) an application for a new trial or for
judgment notwithstanding a verdict,
(iv) a motion in arrest of judgment,
(v)
a new trial,
(vi) the punishment of contempt in connection with the
proceedings,
(vii) any thing done or to be done by way of execution or
enforcement of a judgment in the proceedings,
(viii) interpleader by any
person having the execution of a judgment in the proceedings,
(ix) an
application for a stay of proceedings,
(x) any thing done or to be done in
consequence of an appeal to Her Majesty in Council or to the High Court of
Australia,
whether before or after final judgment.
(5) The Court may make
orders under this section on application by a party or of its own motion.
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