New South Wales Consolidated Acts

SUPREME COURT ACT 1970 - SECT 19

19 Definitions generally

(1) In this Act and in the rules, except in so far as the context or subject-matter otherwise indicates or requires--

"claim for relief" includes--

(a) a claim for the recovery of damages or other money, or for possession of land, or for delivery of goods,

(b) a claim for a declaration of right,

(c) a claim for the determination of any question or matter which may be determined by the Court, and

(d) any other claim (whether legal, equitable or otherwise) justiciable in the Court.

"commencement" , in relation to this Act, means the date appointed under subsection (1) of section 2.

"common law claim" means a claim for damages or other money, or for possession of land, or for detention of goods, in proceedings in the Common Law Division.

"costs" includes fees, charges, disbursements, expenses and remuneration.

"Court" means the Supreme Court of New South Wales.

"defendant" includes any person served with a statement of claim or summons, or served with notice of or entitled to attend any proceedings.

"Division" means a Division of the Court specified in paragraph (b) of section 38.

"formerly" means immediately before the commencement of this Act.

"Judge" means a Judge of the Court but does not include an associate Judge.

"land" includes messuages, tenements and hereditaments, corporeal and incorporeal, of any tenure or description, and whatever may be the estate or interest therein, whether vested or contingent, whether freehold or leasehold, and whether at law or in equity.

"mandatory judicial retirement age" means the maximum age at which a Judge or associate Judge is required by law to retire.

Note--: Section 44 of the Judicial Officers Act 1986 provided for a maximum retirement age for Judges and associate Judges of 72 years before its amendment by the Justice Legislation Amendment Act (No 3) 2018 .
Section 44 of the Judicial Officers Act 1986 , as amended, has increased the maximum retirement age for Judges and associate Judges to 75 years. Clause 9 of Schedule 6 to the Judicial Officers Act 1986 provides that the new retirement age does not apply to Judges and associate Judges holding office who were appointed before the amendments commenced unless they consent to the change applying to them as required by section 55 (2) of the Constitution Act 1902 . The retirement age of 72 years continues to apply to Judges and associate Judges who do not consent to the increased retirement age applying to them.

"minor" means a person under the age of eighteen years.

"prescribed" means prescribed by the rules.

"registrar" means a person who is for the time being appointed to and holding an office of registrar, as referred to in section 119, and includes--

(a) a person who is for the time being appointed to act temporarily in an office of registrar (as referred to in section 120 (b)), and

(b) a person who is for the time being appointed as a deputy to the holder of an office of registrar (as referred to in section 120 (c)), whether designated as a deputy, assistant or otherwise, but only when the person is exercising a power conferred by or under this Act or the Criminal Appeal Act 1912 on the holder of an office of registrar with the authority of that holder or a person for the time being appointed to act temporarily in the office of that holder, and

(c) a person who is authorised under section 120A to exercise any power conferred by or under this Act or the Criminal Appeal Act 1912 on the holder of an office of registrar, but only when the person is exercising such a power.

"rules" means rules of the Court from time to time in force and includes--

(a) rules made by the Rule Committee, and

(b) rules that have effect, by virtue of section 122, as rules made by the Rule Committee, and

(c) any Schedule to rules of the Court.

"stated case" means a case stated by the Court in a Division under the rules or under any Act or a case stated under any Act by any other court or by any judge of any other court or other person for the opinion, decision, direction or determination of the Court, and includes--

(a) an award in the form of a case stated under section 9 of the Arbitration Act 1902 , and

(b) a matter referred under section 85 of the Superannuation Act 1916 .

Note--: The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) For the purposes of this Act and the rules, proceedings in the Court under an Act--

(a) are an appeal if described in that Act or in any regulation made under that Act as an appeal, and

(b) subject to the rules, are not an appeal if not so described.

(3) Notes included in this Act do not form part of this Act.