s 1Short title
This Act may be cited as the Supreme Court Act 1979.
This Act may be cited as the Supreme Court Act 1979.
The several Parts of this Act shall come into operation on such dates as are fixed by the Administrator by notice in the Gazette.
Subject to the Rules and to any directions given by a Judge with respect to matters of practice and procedure:
all proceedings in the former Supreme Court, whether civil or criminal (including proceedings by way of appeal) that were pending or incomplete at the commencement of this Act may be continued and completed in the Court as if they had been instituted in the Court;
and
where, in relation to a judgment of a court, authority, board, tribunal, person or other body given or pronounced before the commencement of this Act, an appeal lay, at the commencement of this
Act, to the former Supreme Court (whether or not subject to conditions as to leave to appeal or other conditions), a like appeal, subject to the like conditions, if any, lies to the Court, and for that purpose the Court may exercise any power or jurisdiction that belonged to the former Supreme Court.
The judgments of the former Supreme Court subsisting at the commencement of this Act continue in force, and this Act and all other laws in force in the Territory apply in relation to them, as if they were judgments of the Court.
The Rules of Court that were in force under the repealed Act, including rules that were continued in force by that Act, immediately before the commencement of this Act continue in force, mutatis mutandis, and subject to any directions of the Court in a particular case, as if made under this Act, but may be amended or repealed by
Rules of Court made under this Act.
The records of the former Supreme Court, and all records of the superior court of record of the Territory that were kept under a law at any time in force in the Territory and that, immediately before the commencement of this Act, were in the custody or control of the former Supreme Court or of an officer of that Court, shall be incorporated with, and shall be deemed to form part of, the records of the Court.
(1) A reference, in a law that was in force in the Territory before the commencement of this Act, to the former Supreme Court, or to the Chief Judge, the senior Judge, a Judge or an officer of the former Supreme Court, shall be read as, or as including, a reference to the Court, or to the Chief Justice, the senior Judge, a Judge or an officer of the Court, as the case may be.
(2) A reference, in a law that was in force in the Territory before the commencement of this Act, to the repealed Act or to the Supreme Court Ordinance 1911, or that Ordinance as amended, shall be read as including a reference to this Act.
(3) A reference, in a law that was in force in the Territory before the commencement of this Act, to rules of the Supreme Court, or to rules made under a provision of:
the repealed Act; or
(b) the Supreme Court Ordinance 1911, or that Ordinance as amended,
shall be read as including a reference to the Rules of Court made under this Act.
(1) Upon the commencement of this Act, the person who, immediately before the commencement of this Act, held office as the Chief Judge of the former Supreme Court:
(a) holds office as a Judge of the Court as though he had been appointed under this Act to be a Judge of the Court;
is the senior Judge of the Court; and
(c) shall not be required to take an oath or affirmation before his appointment as Chief Justice, but shall be required to take an oath or affirmation upon his appointment as Chief Justice.
(2) Upon the commencement of this Act, each person who, immediately before the commencement of this Act, held office as a Judge of the former Supreme Court, but was not the Chief Judge or an additional Judge of the former Supreme Court:
(a) holds office as a Judge of the Court as though he had been appointed under this Act to be a Judge of the Court;
(b) has the seniority, as between himself and the other Judges who hold office by virtue of this subsection, that he had immediately before the commencement of this Act; and
(c) shall, before proceeding to discharge the duties of his office under this Act, take before the Administrator, or before a person appointed by the Attorney-General in that behalf, an oath or affirmation in accordance with one of the forms in the Schedule.
A person who was, or was acting as, an officer of the former
Supreme Court immediately before the commencement of this Act continues in the equivalent office or to act, as the case may be, after the commencement of this Act as if he were appointed, or appointed to act, under, or after the commencement of, this Act.
A person who continues in an office by virtue of subsection (1) shall not be required to take an oath upon the commencement of this
Act.
In this Act, unless the contrary intention appears:
acting Judge means a person appointed under this Act to act as a Judge.
additional Judge means a person appointed under this Act to be an additional Judge.
Associate Judge means an Associate Judge of the Court, and includes a person authorised to act in the office of Associate Judge.
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 or Supreme Court means the Supreme Court of the Northern Territory of Australia established by this Act.
Court of Appeal means the Court of Appeal of the Northern Territory of Australia within the meaning of section 51(2).
defendant includes a person against whom relief is sought in a proceeding or who is required to attend as a party to a proceeding.
former Supreme Court means the Supreme Court of the Northern Territory of Australia as established by law immediately before the commencement of this Act.
Full Court means the Court, not being the Court of Appeal, constituted by not less than 3 Judges.
Judge means a Judge of the Court, and includes a person who is:
the Chief Justice;
an additional Judge; or
an acting Judge.
judgment includes a decree, order, declaration, determination, finding (including a finding of guilt), conviction or sentence, and a refusal to make a decree, order, declaration, determination or finding, whether final or otherwise.
Judicature Act means The Supreme Court of Judicature Act, 1873 of the United Kingdom.
plaintiff includes a person seeking relief against another person by any form of proceeding in the Court.
practice and procedure includes matters relating to costs, the method of pleading, the attendance of witnesses, the custody or bail of accused, persons found guilty of an offence or convicted persons and the enforcement and execution of judgments.
proceeding means a proceeding in the Court whether between parties or not, and includes:
a cause, action, suit or matter;
(b) an incidental proceeding in the course of, or in connection with, a cause, action, suit or matter;
a criminal proceeding, where the context so permits; and
an appeal.
Registrar means a Registrar or an acting Registrar appointed under this Act.
repealed Act means the Northern Territory Supreme Court Act 1961 of the Commonwealth, or that Act as amended at any time.
Rules means the Rules of Court made under this Act or ratified, validated and approved under the Supreme Court (Rules of Procedure) Act 1987.
Seal means the Seal of the Court.
Sheriff means the Sheriff of the Territory.
Note for subsection (1)
The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.
(2) In this or any other Act or an instrument of a legislative or administrative character, a reference to:
(a) a rule or decree of the Court shall be taken to be a reference to an order of the Court; or
(b) a writ of prohibition, mandamus or certiorari by which the Court had before the commencement of Parts II and IV of the Supreme Court (Rules of Procedure) Act 1987 jurisdiction to grant relief or a remedy shall be taken to be a reference to the judgment by which the Court may, after that commencement, grant that relief or remedy under this Act and the Rules.
The distinction between court and chambers is abolished.
(2) Nothing in subsection (1) alters the practice and procedure of the Court with respect to business that can be conducted otherwise than in open court.
(3) The business of the Court, whether conducted in court or otherwise, shall be taken to be conducted in court.
(4) Where by or under this or any other Act in force immediately before the commencement of Parts II and IV of the Supreme Court (Rules of Procedure) Act 1987 a jurisdiction, power or authority is vested in a Judge:
(a) the jurisdiction, power or authority may be exercised in accordance with this Act and the Rules by the Court in all respects as that Judge might have done; and
(b) the Court constituted in accordance with this Act and the Rules has jurisdiction, power and authority co-ordinate with the jurisdiction, power and authority of the Judge.
(5) Where by or under this or any other Act in force immediately before the commencement of Parts II and IV of the Supreme Court (Rules of Procedure) Act 1987 a jurisdiction, power or authority is vested in the Court or in a Judge by the use of the words the Court, the Court or a Judge or a Judge of the Supreme Court, or by words referring to the Court or to a Judge, that jurisdiction, power or authority may be exercised by the Court in accordance with this Act and the Rules.
(6) Subsection (5) has effect notwithstanding that the Act vesting jurisdiction, power or authority in the Court or in a Judge designates the Court or Judge as the court, judge, arbitrator or person appointed to hear and determine a matter and notwithstanding that the determination is expressed to be final or without appeal, but where the determination is expressed to be final or without appeal an appeal does not lie from a determination of the Court.
Part II Constitution and jurisdiction of the Court
Division 1 Constitution
There shall be a Court which, subject to section 51(2), shall be known as the Supreme Court of the Northern Territory of Australia.
The Court consists of the Judges and the Associate Judges.
(2) The Court shall be constituted by a Judge or Judges or, in a case where an Act or the Rules provide that it may be constituted by an Associate Judge, by an Associate Judge, sitting and exercising the jurisdiction of the Court.
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