South Australian Current Acts

SUPREME COURT ACT 1935

TABLE OF PROVISIONS

           Long Title

   PART A1--Preliminary

   1.      Short title
   3.      Repeal
   4.      Savings
   5.      Interpretation

   PART 1--Constitution of the Supreme Court

   6.      Continuance of Supreme Court
   6A.     Divisions of Supreme Court
   7.      Judicial officers of the court
   8.      Qualifications for appointment as judges and Associate Justices
   9.      Appointments to the court
   9A.     The Chief Justice
   9B.     President
   10.     Acting Chief Justice and Acting President
   11.     Acting judges and acting Associate Justices
   12.     Remuneration of judges and Associate Justices
   13.     Salaries of Judges, and officers to be in lieu of fees
   13A.    Retirement of judges and Associate Justices
   13B.    Special leave
   13H.    Pre-retirement leave
   13I.    Appointment and conditions of judicial registrars
   13J.    Judicial registrar ceasing to hold office and suspension
   14.     Certain common interests do not disqualify
   15.     Seal of court
   16.     Councils of judges to consider procedure and administration of justice

   PART 2--Jurisdiction and powers of the court

           Division 1--General Division

   17.     General jurisdiction
   18.     Testamentary jurisdiction
   19.     Matrimonial jurisdiction

           Division 1A--Court of Appeal

   19A.    Establishment of Court of Appeal
   19B.    Jurisdiction
   19C.    General requirements as to constitution of Court of Appeal
   19D.    Powers

           Division 2--Law and equity

   20.     Concurrent administration of law and equity
   21.     Equities of plaintiff
   22.     Equitable defences
   23.     Counter-claims and third parties
   24.     Equities appearing incidentally
   25.     Defence instead of injunction or prohibition
   26.     Common law and statutory rights and duties
   27.     Court to do complete justice in cause so as to avoid multiplicity of suits
   28.     Rules of equity to prevail where in conflict with common law

           Division 3--Miscellaneous powers

   29.     Court may make orders to have effect of mandamus or injunction, and may appoint receivers
   30.     Damages in certain cases
   30A.    Power to direct payment to infant
   30B.    Power to make interim assessment of damages
   30BA.   Consent orders for structured settlements
   30C.    Power to award interest
   31.     Declaratory orders
   32.     Court may order mortgage instead of sale in certain cases
   34.     Court may direct sale of mortgaged property etc
   35.     Power to require attendance of witnesses and production of evidentiary material
   36.     Appointment of commissioners for taking affidavits
   38.     Inspection of property in legal proceedings
   39.     Vexatious proceedings
   40.     Power of court with regard to costs
   41.     Power to revive orders on abatement of cause

   PART 3--Sittings and distribution of business

   42.     Abolition of terms
   43.     Reference to terms for computing time
   44.     Sitting in vacation
   45.     Time and place of sittings
   46.     Adjournment from time to time and place to place
   46A.    Sittings in open court or in chambers
   46B.    Sittings required by proclamation
   47.     Distribution of business
   48.     Jurisdiction of single judge, Associate Justice, etc
   48A.    Jurisdiction of judicial registrar
   49.     Questions of law reserved for Court of Appeal
   50.     Appeals

   PART 4--Procedure generally

   63.     Criminal procedure
   64.     Saving of existing procedure
   65.     Mediation and conciliation
   66.     Trial of issues by arbitrator
   67.     Expert reports
   71.     Assessors
   72.     Rules of court

   PART 6--Officers of the court

           Division 1--Registrar

   82.     The registrar

           Division 2--Tipstaves

   106.    Appointment of tipstaves
   107.    Duty of tipstaves
   108.    Other duties

           Division 3--Further provisions as to officers

   109.    Appointment of other officers
   110.    Duties of officers
   110A.   Administrative and ancillary staff
   110B.   Responsibilities of non-judicial staff

   PART 7--Miscellaneous provisions

   110C.   Immunities
   111.    Rules as to division of loss upon collision at sea
   112.    Damages for personal injuries
   113.    Right of contribution
   114.    Interest on judgment debts
   117.    Orders to bring prisoners for examination
   118.    Legal process
   118A.   Service
   119.    Suitors' funds to vest in registrar
   120.    Securities in court
   121.    Liability of Treasurer for default of registrar
   122.    Banking and investment of suitors' funds
   123.    Investments made under order of the court
   124.    Validity of payments etc pursuant to rules of court
   125.    Remittances by post
   126.    Power to appoint deputies
   126A.   Certain trials of sexual offences to be given priority
   127.    Rules of Court
   128.    Payment to the Treasurer of unclaimed suitors' funds
   129.    Party subsequently claiming may petition the Supreme Court etc
   130.    Court fees
   131.    Accessibility to court records
           SCHEDULE -Acts repealed
           Legislative history