Supreme Court Act 1933

This Act is the Supreme Court Act 1933.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary defines certain words and expressions, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act.

For example, the signpost definition ‘entitlements, for part 2B (Remuneration, allowances and other entitlements of judges)—see section 37T.’ means that the expression entitlements is defined in section 37T, and the definition applies to part 2B.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156).

A note included in this Act is explanatory and is not part of the Act.

Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

There shall be a Supreme Court of the Territory which shall be known as the Supreme Court of the Australian Capital Territory.

The court shall be a superior court of record.

The court shall consist of the Chief Justice and the other judges.

The Executive may by commission appoint, as resident judges, a Chief Justice of the court and other judges of the court.

A person is not eligible to be appointed as a resident judge—

unless he or she—

is or has been a judge of a superior court of record of the Commonwealth or a State, or has been a judge of the Supreme Court; or

has been a legal practitioner for not less than 5 years; or

if he or she has attained the age of 70 years.

A resident judge ceases to hold office on attaining the age of 70 years.

A resident judge may resign by written notice to the Attorney‑General.

The Executive must, in relation to the appointment of resident judges, determine—

the criteria that apply to the selection of a person for appointment; and

the process for selecting the person.

A determination is a notifiable instrument.

The Executive may, by commission, appoint a judge or judges of a superior court of record of the Commonwealth or a State as an additional judge or additional judges of the court.

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 or a State.

An additional judge may resign by written notice to the Attorney-General.

The Executive may, by commission, appoint persons to be acting judges of the court.

An appointment under subsection (1) shall be for the period, not longer than 2 years, specified in the commission.

A person is not eligible to be appointed under subsection (1) unless he or she—

has been a judge of a superior court of record of the Commonwealth or a State, or has been a judge of the Supreme Court; or

has been a legal practitioner for not less than 5 years.

The Chief Justice is the senior judge of the court.

The resident judges are senior to the additional judges and the acting judges.

The additional judges are senior to the acting judges.

The resident judges (other than the Chief Justice) have seniority as between themselves—

according to the dates their respective commissions took effect; or

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.

The additional judges have seniority as between themselves—

according to the dates their respective commissions took effect; or

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.

The acting judges have seniority as between themselves—

according to the dates their respective commissions took effect; or

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.

Whenever—

the Chief Justice is absent from Australia or from duty; or

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 is to act as Chief Justice.

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.

The jurisdiction of the court is exercisable by a single judge, except—

when exercised by the registrar under the rules (see section 10); or

when exercised by a Full Court under section 11 or 13; or

when exercised by the Court of Appeal under part 2A.

The rules may provide for the jurisdiction of the court otherwise exercisable by a single judge to be exercised by the registrar, in the cases and subject to the conditions prescribed under the rules.

In this section:

registrar includes a deputy registrar.