New South Wales Consolidated Acts

SUPREME COURT ACT 1970 - SECT 24

24 Court to have powers of Judges etc

(1) In this section
"special office" means the office of Chief Judge in Equity, Chief Judge in Divorce, Probate Judge, and any other special judicial office in the Court.

(2) Where, under the law in force immediately before the commencement of this Act, any power is vested in the Judges collectively, or in any two or more Judges, or in any Judge in special office, or in any Judge--

(a) that power shall be exercised by the Court in all respects as those Judges or that Judge might have exercised the power immediately before the commencement of this Act, but in accordance with this Act and the rules,

(b) the Court shall have power co-ordinate with the power of those Judges or that Judge, and

(c) subject to paragraphs (a) and (b), that power shall not be exercised by those Judges or that Judge.

(3) Where, under the law in force immediately before the commencement of this Act, any power is vested in the Court, whether generally or in any jurisdiction of the Court, that power shall be exercised by the Court in all respects as the Court might have exercised the power immediately before the commencement of this Act, but in accordance with this Act and the rules.

(4) This section has effect even though--

(a) in the case of a power vested in a Judge in special office, the special office has been abolished, whether before or after the commencement of this Act, or the special office is vacant,

(b) the power in question is vested in the Court as a designated Court, in the Judges collectively or any two or more Judges as designated persons, or in any Judge in special office or any Judge as a designated person, or

(c) exercise of the power is expressed under the law in force immediately before the commencement of this Act to be final or without appeal.

(5) This section applies to a power which, immediately before the commencement of this Act, is exercisable by rule nisi or rule absolute in any proceedings or by other rule in the nature of an order or direction in any proceedings, but otherwise does not apply to a power to make rules.

(6) This section does not apply to a power--

(a) vested in the Chief Justice as Chief Justice,

(b) vested in the Chief Judge in Equity in relation to the making of general orders under Division 1 of Part 24 of the Conveyancing Act 1919 ,

(d) vested in a Judge as chairman, or additional temporary chairman, of the Crown Employees Appeal Board,

(e) vested in a Judge in special office or other Judge as member (whether chairman or otherwise) of a board, committee or other body of persons not composed wholly of Judges.

(7) The Governor may direct by proclamation published in the Gazette that this section shall not apply to any power specified in the proclamation, being a power arising under any Act or Imperial Act in force immediately before the commencement of this Act, and the proclamation shall have effect accordingly, but subject to section 41 of the Interpretation Act 1987 .

(8) Sections 40 and 41 of the Interpretation Act 1987 apply to a proclamation under subsection (7) in the same way as they apply to a statutory rule within the meaning of that Act.