Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSCHEDULE 2 Subsection 27 (1)
Omit “(2) of section 4”, substitute “4 (3)”.
Omit “Supreme”.
Omit “appointed under the Administrative Appeals Tribunal Act 1989 of the Territory”.
Omit the definitions.
Insert the following definitions:
Omit the subsections, substitute the following subsections:
“(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 enrolled for not less than 5 years as a legal practitioner of the High Court or of the Supreme Court of a State or Territory; 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.”.
Omit “Assembly praying for his”, substitute “Legislative Assembly praying for his or her”.
Omit the subsection, substitute the following subsection:
“(7) A Judge may resign from office by written notice to the Attorney-General.”.
Omit all the words after “jurisdiction of the”, substitute “Court is exercisable by a single Judge”.
Omit “court”, substitute “Court”.
Omit “one”, substitute “a single”.
Omit “Court constituted by not less than 3 Judges”, substitute “Full Court”.
Omit “court”, substitute “Court”.
Omit “one”, substitute “a single”.
Omit “of the Territory”.
Omit “Court constituted by not less than 3 Judges; and”, substitute “Full Court;”.
Omit “must”, substitute “shall”.
Omit “one”, substitute “1”.
Omit “Court constituted by not less than 3 Judges”, substitute “Full Court”.
(a) Omit “must”, substitute “shall”.
(b) Omit “one”, substitute “1”.
(a) Omit “of the Territory must be exercised by the Court constituted by not less than 3 Judges”, substitute “shall be exercised by the Full Court”.
(b) Omit all the words after “appropriate”, substitute “to do so”.
Omit “one”, substitute “a single”.
(a) Omit “Supreme”.
(b) Omit “not less than three Judges”, substitute “the Full Court”.
Omit “either of the last two preceding subsections”, substitute “subsection (2) or (3)”.
Omit “not less than three Judges sitting together in Court”, substitute “the Full Court”.
Omit “three or more Judges sitting together in accordance with section 9, 11, 12 or 13 are”, substitute “the Full Court is”.
Omit “one”, substitute “a single”.
Omit “one”, substitute “a single”.
Omit the subsection, substitute the following subsection:
“(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.”.
Omit “must”, substitute “shall”.
Omit “The Chief Justice and the other Judges appointed under subsection 4 (1) are to receive salary”, substitute “The resident Judges are to receive remuneration”.
Omit all the words after “payment”, substitute “to Judges of remuneration and allowances”.
Omit the subsections, substitute the following subsections:
“(5) Subject to subsection (6), a Judge is not entitled to remuneration or allowances if—
(a) he or she concurrently holds office as a Judge of a superior court of record of the Commonwealth, a State or another Territory; and
(b) the Judge is entitled to remuneration or allowances (as the case requires) in respect of the concurrently held office.
“(6) Where the amount of remuneration or allowances to which a Judge would be entitled as a Judge of the Court if subsection (5) did not apply exceeds the remuneration or allowances (as the case may be) to which he or she is entitled as a Judge of another superior court of record, the Judge is entitled to receive an additional amount equal to that excess.”.
(a) Omit “Supreme”.
(b) Omit “the Commonwealth”, substitute “Australia”.
Omit “Supreme”.
Omit “Supreme”.
Omit “Supreme Court, unless the Court or the Judge”, substitute “Court, unless the Court”.
Omit “Supreme Court or the Judge”, substitute “Court”.
Omit “Supreme Court, and the Judge sitting in Chambers,”, substitute “Court”.
Omit the subsection, substitute the following subsection:
“(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.”.
Omit “Supreme”.
(a) Omit “Supreme”.
(b) Omit “the provisions of”.
(c) Omit “of this Act”.
Repeal the sections, substitute the following sections:
“26. 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. 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. (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;
(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. 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. (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—
(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. 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. (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. 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.”.
(a) Omit “Judges appointed under subsection (1) of section 4 or any two of those”, substitute “resident Judges or any 2 of the resident”.
(b) Omit “or any other Act, with regulations under this or any other Act, with any Ordinance or with any enactment”, substitute “Act or any other law of the Territory”.
Omit “Supreme”.
Omit the paragraph, substitute the following paragraph:
“(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;”.
Omit “Supreme”.
Omit “or by any Ordinance or enactment”, substitute “, by any other Act or by any Ordinance”.
Omit “a Territory”, substitute “another Territory”.
Omit “Supreme” (wherever occurring).
Omit “an Act, Ordinance or enactment, by Rules of Court”, substitute “this Act or any other law of the Territory”.
Omit the subsection.
Omit “Supreme” (wherever occurring).
Repeal the sections, substitute the following sections:
“47. (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. 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.”.
Omit “Supreme”.
(a) Omit “must be had and taken”, substitute “shall be”.
(b) Omit “and” (last occurring).
Omit “and” (last occurring).
Omit the subsection, substitute the following subsection:
“(3) A Deputy Registrar shall not perform a function of the Registrar under this section.”.
Repeal the sections, substitute the following sections:
“50. The Sheriff shall—
(a) serve or execute any process of the Court directed to him or her;
(b) make due return to the Court of such process;
(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. (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. (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).”.
Omit “exercise any powers or”, substitute “perform any”.
Omit “Act by an Ordinance or by an enactment”, substitute “or any other Act”.
Omit the subsection, substitute the following subsection:
“(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 solicitor, to any relevant document.”.
Omit “or a Judge”.
Omit the subsections, substitute the following subsection:
“(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.”.
Omit “Supreme”.
Omit “Supreme Court or the Judge”, substitute “Court”.
(a) After “oath”, insert “or affirmation”.
(b) Omit “or Judge”.
(c)
Omit “; and at any place within the Commonwealth”,
substitute
“, at any place in Australia”.
Omit “or Judge”.
(a) Omit “Supreme”.
(b) Omit all the words after “Court” (third occurring).
Insert the following subsection:
“(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.”.
(a) Omit “Supreme”.
(b) Omit “the Commonwealth”, substitute “Australia”.
Repeal the section, substitute the following section:
“59. (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.”.
Omit “Supreme”.
Omit “or the Judge”.
(a) Omit “a Court constituted by not less than 3 Judges sitting together”, substitute “the Full Court”.
(b) Omit “one”, substitute “1”.
After “his”, insert “or her”.
Repeal the sections, substitute the following section:
“63. (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).”.
(a) Omit “Supreme” (first occurring).
(b) Omit all the words after “Territory' ”.
(c) Add at the end the following subsection:
“(2) The Seal of the Court shall be kept in such custody as the Chief Justice directs.”.
Repeal the section, substitute the following section:
“65. All writs, commissions and process issued from the Court are to be—
(a) in the name of the Crown;
(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.”.
Omit “Supreme”.
(a) Omit “the next succeeding subsection”, substitute “subsection (2)”.
(b) Omit “Supreme”.
Omit “the last preceding subsection”, substitute “subsection (1)”.
Omit “Supreme Court or the Judge”, substitute “Court”.
After “him” (wherever occurring), substitute “or her”.
(a) Omit “Supreme”.
(b) Omit “he”, substitute “the person”.
(a) Omit “The last preceding subsection”, substitute “Subsection (4)”.
(b) Omit “one” (first occurring), substitute “1”.
(c) Omit “the one”, substitute “a single”.
(a) Omit “Supreme”.
(b) Omit “in writing”.
(c) Omit “under his hand”.
(a) Omit “Supreme Court or the Judge”, substitute “Court”.
(b) Omit “, either”.
Omit “or the Judge, as the case may be,”.
(a) Omit “or the Judge in its or his absolute discretion”.
(b) Omit “or the Judge” (last occurring).
Omit all the words from and including “A Judge” to and including “authority to hold”, substitute “The Court may hold persons”.
Repeal the section.
(a) Omit “Supreme”.
(b) Omit “part of the Commonwealth”, substitute “Territory”.
(a) Omit “Supreme”.
(b) Omit “of his”.