Western Australian Current Acts

SUPREME COURT ACT 1935

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title and commencement
            
   3.      Repeal and savings
            
   4.      Terms used
            
   4A.     Application of Act
            
   5.      Construction of other Acts and documents
            
   6A.     Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies

   PART II -- Constitution of the Supreme Court  

   6.      Supreme Court of Western Australia
            
   7.      Divisions of the Court
            
   7A.     Appointment of judges, judges of appeal, Chief Justice and President
            
   8.      Qualification of judges and acting judges
            
   9.      Tenure of judges and oaths of office
            
   9A.     Resignation of judges
            
   9B.     Seniority of judges and masters
            
   10.     Acting Chief Justice
            
   10A.    Acting President
            
   10B.    Acting judges of appeal
            
   10C.    Judge of appeal may sit in General Division if approved
            
   11.     Acting judges
            
   11AA.   Auxiliary judges
            
   11A.    Masters
            
   11B.    Master, terms of appointment of
            
   11D.    Acting masters
            
   11E.    References to master in other Acts
            
   12.     Judge or master may act in cases of rates etc. even if a ratepayer etc.
            
   13.     Oath of office
            
   15.     Seal of Supreme Court

   PART III -- Jurisdiction and law

           Division 1 -- Jurisdiction  

   16.     General jurisdiction
            
   17.     Court may transfer case to lower court
            
   18.     Probate jurisdiction
            
   20.     Appellate jurisdiction
            
   21.     Jurisdiction to be exercised according to this Act and rules of court
            
   22.     Saving of former procedure
            
   23.     Supreme Court authorised to perform certain acts required to be performed by courts in England

           Division 2 -- Law and equity  

   24.     Law and equity to be concurrently administered

           Division 3 -- Miscellaneous rules of law  

   25.     Rules of law upon certain points
            
   26.     Liability for damage to property due to fault of 2 or more vessels
            
   27.     Liability for loss of life etc. due to fault of 2 or more vessels
            
   28.     Right of contribution where liability for loss of life etc. due to fault of 2 or more vessels
            
   30.     Sections 26 to 28 subject to Navigation Act 2012 (Cwlth)
            
   32.     Pre-judgment interest, Court may order
            
   33.     Judgments and orders, correction of
            
   34.     Rules of law in this Act to apply in all courts
            
   36.     Quo warranto
            
   37.     Costs

   PART IV -- Sittings and distribution of business

           Division 1 -- Sittings and vacations  

   38.     Court may sit at any time and at any place
            
   39.     Civil sittings in Perth
            
   40.     Criminal sittings in Perth
            
   41.     Single judge to preside unless Court of Appeal to do so
            
   42.     Civil actions, trial with or without jury
            
   43.     Judge may reserve case etc. for Court of Appeal
            
   44.     Court vacations
            
   45.     Hearings during court vacations

           Division 2 -- Circuit towns  

   46.     Circuit towns and sittings in them
            
   48.     Term used: circuit court

           Division 3 -- Jurisdiction of a commissioner  

   49.     Commissioners, appointment of etc.

           Division 4 -- Inquiries and trials by referees  

   50.     Question in civil matter may be referred to referee etc.
            
   51.     Trial of civil matter may be referred to referee etc.
            
   52.     Referee’s powers and remuneration; effect of referee’s report
            
   53.     Court to have powers as to references by consent
            
   54.     Referee may state case on question of law
            
   55.     Costs etc. of reference

           Division 5 -- Assessors  

   56.     Trial with assessors

           Division 6 -- The Court of Appeal  

   57.     Court of Appeal, constitution of
            
   58.     Court of Appeal, jurisdiction of
            
   59.     New trial etc., application for and ordering
            
   60.     Restriction on appeals
            
   61.     Powers of single judge of appeal and master
            
   62.     Divided decisions, effect of

   PART V -- Arrest in pending actions  

   63.     Defendant about to leave jurisdiction, arrest of
            
   64.     Security by defendant
            
   65.     Security etc. to be subject to the Court
            
   66.     Costs
            
   67.     Discharge of defendant from custody
            
   68.     Sheriff etc. to indorse date of arrest

   PART VI -- Mediation  

   69.     Terms used
            
   70.     Protection of mediator
            
   71.     Privilege
            
   72.     Confidentiality

   PART IX -- Officers and offices  

   154.    Attorney General
            
   155.    Registrars and other officers
            
   155A.   Personal staff for judges and masters
            
   156.    Sheriff
            
   158.    Sheriff may appoint deputies
            
   165.    Saving of sheriff’s common law rights etc.
            
   166.    Central Office

   PART X -- Rules of court  

   167.    Rules of court, content of
            
   168.    Rules of court, making
            
   170.    Rules of court to be laid before Parliament, disallowance
            
   171.    Fees, regulations may prescribe

   PART XI -- Miscellaneous  

   172.    Foreign law question to be decided by judge
            
   173.    Consent order for judgment to be filed
            
   174.    Officers etc. may be authorised to administer oaths
            
   178.    Habeas corpus proceedings
           FIRST SCHEDULE
           SECOND SCHEDULE