SUPREME COURT ACT 1970

New South Wales Consolidated Acts

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- As at 1 July 2024
- Act 52 of 1970

TABLE OF PROVISIONS

Long Title

PART 1 - PRELIMINARY
Division 1 - General

1. Name of Act
2. Commencement
3. The Crown
4. (Repealed)
5. Repeals
6. Inconsistency with rules
7. (Repealed)
8. Construction of references
9. Non-revivor
Division 2 - Abolition of certain matters
10. (Repealed)
11. Distinction between court and chambers
12. Quo warranto
Division 3 - Transition
13. Judges
14. Masters
15. Registrars and other officers
16. Pending proceedings
Division 4 - Savings
17. Criminal proceedings
18. Appeal to Privy Council
Division 5 - Interpretation
19. Definitions generally
20, 21. (Repealed)
21A. Construction of references to Divorce Division

PART 2 - THE COURT
Division 1 - Continuance and jurisdiction

22. Continuance
23. Jurisdiction generally
24. Court to have powers of Judges etc
Division 2 - The Judges generally
25. Composition of Court
26. Appointment and qualifications: Chief Justice and other Judges
27. Chief Judges
28. List Judges
28A. Special provisions as to Chief Judges who are not Judges of Appeal
29. Remuneration
30. Interest in rate or tax
Division 3 - Judges of Appeal
31. Appointment
32. Appointment of President
33. Seniority
34. Vacancies
Division 4 - Acting and additional appointments
35. Acting Chief Justice
36. Additional Judges of Appeal
37. Acting Judges
37A. Certain Chief Judges of other courts may act as additional Judges of Appeal
37B. Land and Environment Court Judges may act as Supreme Court Judges
37C. (Repealed)
Division 5 - Organisation
38. Divisions of Court
39. Intra-curial arrangements
40. Single Judge to constitute the Court
41. Judges in the Divisions
Division 6 - The Court of Appeal
42. Composition
43. Sittings
43A. Multiple sittings
44. Jurisdiction
45. Appeals
45AA. Continuation of appeal if one or more Judges unable to continue
45A. Judgment of Court of Appeal may be delivered by single Judge of Appeal
46. Powers of Judge of Appeal
46A. Certain appeals may be heard by 2 Judges of Appeal
46B. Certain other matters may be heard by 2 Judges

PART 3 - DISTRIBUTION OF BUSINESS
Division 1 - Distribution between Court of Appeal and Divisions

47. (Repealed)
48. Assignment to the Court of Appeal
49. Assignment to the Divisions
50. (Repealed)
51. Removal and remission
Division 2 - Distribution amongst Divisions
52. Arrangements for despatch of business
53. Assignment of business
54. Transfer and retention
55. Validity of proceedings in any Division
Division 3 - (Repealed)
None

PART 4 - LAW AND EQUITY

57. Concurrent administration
58. Equities of plaintiff
59. Equitable defences
60. Incidental equities
61. Defence or stay instead of injunction
62. Common law and statutory rights and duties
63. Final determination
64. (Repealed)

PART 5 - POWERS
Division 1 - Powers generally

65. Order to fulfil duty
66. Injunction
67. Receiver
68. Damages in case for equitable relief
69. Proceedings in lieu of writs
69A. Releases on bail and custody of claimants seeking judicial review of conviction or sentence
69B. Other powers in relation to claimants for judicial review of convictions and sentences
69C. Stay of execution of conviction, order or sentence pending review
69D. Court may confirm conviction, order or sentence
70. Ouster of office
71. Habeas corpus
71A. Powers of Court in relation to warrants in respect of convictions or orders of Local Court
71B. Person to be remanded to former custody
72. Production of person confined
73. Relief against forfeiture
74. Discharge of lien or security
75. Declaratory relief
75A. Appeal
76-76C. (Repealed)
Division 2 - (Repealed)
None

PART 6 - PROCEDURE
Division 1 - General

77. Procedures under other Acts superseded
78-82. (Repealed)
83. Examination on oath
84. (Repealed)
Division 2 - Trial
85. Trial without jury unless jury required in interests of justice
86-89. (Repealed)
90. Special verdict
Division 3 - Judgments and orders
91. Judgment
92-95. (Repealed)
96. Effect of judgment or order
97. (Repealed)
Division 4 - (Repealed)
None

PART 7 - APPEAL TO THE COURT OF APPEAL

101. Appeal in proceedings before the Court
101A. Question of law concerning criminal contempt may be submitted to Court of Appeal
102. Appeal after jury trial
103. Appeal from separate decision
104. Exclusion of appeal from associate Judges and others
105. Application of secs 106, 107
106. New trial because of subsequent matters
107. Substituted verdict
108. Nonsuit or verdict after jury trial
109. Effect of minor variations to judgments, orders or injunctions appealed against
110. Disqualification of Judge of Appeal
PARTS 7A, 7B - (Repealed)
None

PART 8 - ASSOCIATE JUDGES AND OFFICERS
Division 1 - Associate Judges

111. Appointment of associate Judges and acting associate Judges
112. Terms of appointment
113. Government Sector Employment Act 2013
114. Superannuation Act 1916
115. Resignation and tenure of associate Judges and acting associate Judges
116. Assignment
117. Seniority
117A. Powers: associate Judge in Court of Appeal
118. Powers: divisional associate Judge
Division 2 - Registrars and other officers
119. Offices of registrars
120. Appointment
120A. Exercise of powers of registrar and deputy registrar by other officers
121. Powers

PART 9 - RULES OF COURT

122. Rules taken to have effect as rules made by the Rule Committee
123. Rule Committee
123A. Deputies for barrister and solicitor members
124. Rule-making power
125. Arrangements for exchange of information between Court and foreign courts

PART 9A - BROADCAST OF JUDGMENTS

126. Application of Part
127. Interpretation
128. Presumption in favour of permitting recording and broadcast of judgment remarks

PART 10 - SUPPLEMENTAL

129. Savings and transitional provisions
130. Fees and percentages
131. Disrespectful behaviour in Court
SCHEDULE 1
Schedule 2 (Repealed)
SCHEDULE 3
SCHEDULE 4

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