{"id":"C1933A00034","name":"Australian Capital Territory Supreme Court Act 1933","slug":"australian-capital-territory-supreme-court-act-1933","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"34 of 1933","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":2404,"registerId":"commonwealth-C1933A00034-1774764543391","compilationNumber":null,"startDate":"2026-03-29","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Capital Territory Supreme Court Act 1933","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\nAustralian Capital Territory Supreme Court Act 1933\n\nNo. 34, 1933\n\n \n\n \n\nCompilation date:   24 November 2009\n\nIncludes amendments up to: Act No. 109, 1988\n\n \n\n  \n\n  About this compilation\n\nThis compilation\n\nThis is a compilation of the Australian Capital Territory Supreme Court Act 1933 that shows the text of the law as amended and in force on 24 November 2009 (the compilation date).\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\n-\n\n \n\nContents\n\nPart I—Preliminary\n\n1 Short Title\n\n3 Commencement\n\n5 Interpretation\n\nPart II—Constitution and Jurisdiction of the Supreme Court\n\n6 Establishment of Supreme Court\n\n7 Appointment and tenure of Judges\n\n7AA Appointments between 1 July 1990 and 30 June 1992\n\n7A Acting Chief Justice\n\n7B Arrangement of business of Court\n\n8 Exercise of jurisdiction\n\n8AAA Exercise of jurisdiction by Master\n\n8AAB Exercise of jurisdiction by Registrar\n\n8AA Exercise of jurisdiction in relation to legal practitioners\n\n8AB Power of Judge to order that jurisdiction in a matter be exercised by not less than 3 Judges\n\n8AC Manner in which question to be decided where jurisdiction exercised by 3 or more Judges\n\n8AD Exercise by Court of powers of Master\n\n8A Holding of other judicial offices\n\n8B Salary and allowances of Judges\n\n9 Principal seat of court and sittings\n\n10 Oath of allegiance and office by Judge\n\n11 Jurisdiction of Supreme Court\n\n12 Jurisdiction in Chambers\n\n14 Trial without jury\n\n15 Costs\n\n16 Service of writs out of the jurisdiction of the Court\n\n17 Law and equity to be concurrently administered\n\n18 Equities of plaintiff\n\n19 Equities of defendant\n\n20 Counter claims and third parties\n\n21 Equities appearing incidentally\n\n22 Defence or stay instead of injunction or prohibition\n\n23 Common law and statutory rights and duties\n\n24 Determination of matter completely and finally\n\n25 Rules of equity to prevail\n\n26 Mandamus, injunctions and receivers\n\n27 Practice and procedure\n\n28 Rules of Court\n\n29 Regulations relating to fees\n\nPart III—The Master\n\n30 The Master\n\n31 Powers and duties of Master\n\n32 Appointment of Master\n\n33 Term of office\n\n33A Oath or affirmation of office\n\n33B Remuneration and allowances\n\n33C Resignation\n\n33D Removal from office\n\n33E Terms and conditions of appointment not provided for by Act\n\n33F Acting appointments\n\nPart IV—Officers\n\n34 Registrar, Sheriff and other officers\n\n35 Powers and duties of Registrar\n\n35A Proceedings before Registrar in relation to winding‑up of companies\n\n36 Sheriff\n\n37 Powers of officers\n\n37A Deputy Sheriffs\n\nPart V—General Matters of Procedure\n\n38 Manner of giving evidence\n\n39 Evidence by affidavit\n\n40 Appearance by barrister or solicitor\n\n41 Orders and commissions for examination of witnesses\n\n42 Non‑appearance or absence of some defendants\n\n43 Amendment of defect in proceedings\n\n44 Formal defects to be amended\n\n44A Reserved judgments\n\n45 Matter heard at one place may be further dealt with at another place\n\n46 Change of venue\n\n47 Seal\n\n48 Use of Seals\n\n49 Date of process\n\n50 Oaths and affirmations\n\nPart VII—Miscellaneous\n\n53 Indictable offences\n\n53A Interest up to judgment\n\n54 Interest on judgments\n\n55 Security of the peace and for good behaviour\n\n56 Powers of Judge\n\n57 Duty of receiver and manager\n\n58 Liability and protection of receivers and managers\n\n59 Action by or against Sheriff etc.\n\nEndnotes\n\nEndnote 1—Legislation history\n\nEndnote 2—Amendment history\n\n \n\nAn Act to establish a Supreme Court of the Australian Capital Territory, and for other purposes\n\nPart I—Preliminary\n\n \n\n1  Short Title\n\n  This Act may be cited as the Australian Capital Territory Supreme Court Act 1933.\n\n3  Commencement\n\n  This Act shall commence on 1 January 1934.\n\n5  Interpretation\n\n  In this Act, unless the contrary intention appears:\n\nadditional Judge means a Judge appointed under subsection (2) of section 7;\n\ncause includes any suit, and also includes criminal proceedings;\n\nChief Justice means the Chief Justice of the Court, and includes a Judge for the time being performing the duties and exercising the powers of the Chief Justice;\n\ndefendant includes any person against whom any relief is sought in a matter or who is required to attend the proceedings in a matter as a party thereto;\n\nDeputy Registrar means a Deputy Registrar of the Supreme Court;\n\nDeputy Sheriff means a Deputy Sheriff of the Territory;\n\nenactment has the same meaning as in section 3 of the Australian Capital Territory (Self‑Government) Act 1988;\n\nJudge or Judge of the Supreme Court means a Judge (including the Chief Justice) appointed under subsection (1) of section 7 or an additional Judge and, in the expressions ‘the Supreme Court or the Judge’, ‘the Court or the Judge’ and ‘the Court or Judge’, means a Judge so appointed, or an additional Judge, sitting in Chambers;\n\njudgment includes any decree, order or sentence;\n\nMaster means the Master of the Supreme Court;\n\nmatter includes any proceeding in the Supreme Court, whether between parties or not, and also any incidental proceeding in a cause or matter;\n\nOrdinance means an Ordinance made by the Governor‑General in pursuance of the Seat of Government (Administration) Act 1910‑1933;\n\nplaintiff includes any person seeking any relief against any other person by any form of proceeding in a Court;\n\nsuit includes any action or original proceeding between parties of a civil nature;\n\nthe Court means the Supreme Court;\n\nthe Judicature Act means the Supreme Court of Judicature Act 1873 (36 & 37 Vic., Cap. 66) of the United Kingdom;\n\nthe Registrar means the Registrar of the Supreme Court, and includes a Deputy Registrar of the Supreme Court;\n\nthe Sheriff means the Sheriff of the Territory;\n\nthe Supreme Court means the Supreme Court of the Australian Capital Territory;\n\nthe Territory or the Australian Capital Territory means the Territory accepted by the Commonwealth in pursuance of the Seat of Government Acceptance Act 1909, and described in the Second Schedule to that Act, and includes the Jervis Bay Territory.\n\nPart II—Constitution and Jurisdiction of the Supreme Court\n\n \n\n6  Establishment of Supreme Court\n\n (1) There shall be a Supreme Court of the Territory which shall be known as the Supreme Court of the Australian Capital Territory.\n\n (2) The Court shall be a superior court of record.\n\n (3) The Court shall consist of the Chief Justice and not more than 2 other Judges appointed under subsection (1) of the next succeeding section and the additional Judge or Judges appointed under subsection (2) of that section.\n\n7  Appointment and tenure of Judges\n\n (1) Subject to section 6, the Governor‑General may appoint under this subsection, by commission, a Chief Justice of the Court and other Judges of the Court.\n\n (1A) A person shall not be appointed under subsection (1) if he has attained the age of 70 years and a person shall not be so appointed unless he is or has been a Judge of a court created by the Parliament or of a court of a State or has been enrolled as a legal practitioner of the High Court or of the Supreme Court of a State or Territory for not less than 5 years.\n\n (1B) The Chief Justice is the senior Judge of the Court and the other Judges appointed under subsection (1) have seniority as between themselves according to the dates on which their commissions took effect or, where the commissions of 2 or more of them took effect on the same date, according to the precedence assigned to them by their commissions, and Judges appointed under subsection (1) are senior to the additional Judges.\n\n (2) The Governor‑General may appoint, by commission, a person who, or persons each of whom, is a Judge of another court created by the Parliament to be an additional Judge or additional Judges of the Supreme Court.\n\n (3) The additional Judges have seniority as between themselves according to the dates on which their commissions took effect or, where the commissions of 2 or more of them took effect on the same date, according to the precedence assigned to them by their commissions.\n\n (4) A Judge appointed under subsection (1) ceases to hold office upon his attaining the age of seventy years.\n\n (5) An additional Judge ceases to hold office if he no longer holds office as a Judge (other than an additional Judge) of another court created by the Parliament.\n\n (6) A Judge may be removed from office by the Governor‑General, on an address from both Houses of the Parliament in the same session praying for his removal on the ground of proved misbehaviour or incapacity, but shall not otherwise be removed from office.\n\n (7) A Judge may, by writing under his hand delivered to the Governor‑General, resign his office.\n\n7AA  Appointments between 1 July 1990 and 30 June 1992\n\n (1) This section applies to an appointment made under section 7 on or after 1 July 1990 at a time when this Act has not become an enactment within the meaning of the Australian Capital Territory (Self‑Government) Act 1988.\n\n (2) Such an appointment shall not be made unless, before tendering advice to the Governor‑General, the Attorney‑General has consulted with the Australian Capital Territory Executive.\n\n (3) This section ceases to have effect on 1 July 1992.\n\n7A  Acting Chief Justice\n\n  Whenever:\n\n (a) the Chief Justice is absent from Australia or from duty; or\n\n (b) there is a vacancy in the office of Chief Justice;\n\nthe next senior Judge who is in Australia and is able and willing to do so shall perform the duties, and may exercise the powers, of the Chief Justice.\n\n7B  Arrangement of business of Court\n\n  The Chief Justice is responsible for ensuring the orderly and expeditious discharge of the business of the Court and accordingly may, subject to this Act and to such consultation with the Judges as is appropriate and practicable, make arrangements as to the Judge or Judges who is or are to constitute the Court in particular matters or classes of matters.\n\n8  Exercise of jurisdiction\n\n (1) Subject to subsection (2) and sections 8AAA, 8AAB, 8AA and 8AB, the jurisdiction of the Supreme Court is exercisable by one Judge, sitting in Court, or, as provided by this Act, sitting in Chambers.\n\n (2) Provision may be made by Rules of Court for the jurisdiction of the Court that is exercisable in accordance with subsection (1) to be exercisable:\n\n (a) in such cases, and subject to such conditions, as are specified in the Rules of Court, by the Master; and\n\n (b) in such cases, and subject to such conditions, as are specified in the Rules of Court, by the Registrar.\n\n (3) In this section, ‘Registrar’ does not include a Deputy Registrar.\n\n8AAA  Exercise of jurisdiction by Master\n\n (1) For the purposes of the exercise of jurisdiction conferred on the Master by Rules of Court, this Act has effect, subject to this section, as if the court consisted of the Judges and the Master.\n\n (2) A person who is dissatisfied with a judgment of the Master made in the exercise of jurisdiction conferred by Rules of Court may appeal, as prescribed by the Rules of Court:\n\n (a) in the case of an interlocutory judgment—to the Court constituted by one Judge; and\n\n (b) in the case of any other judgment—to the Court constituted by not less than 3 Judges.\n\n (3) On an appeal under subsection (2), the Court:\n\n (a) shall have regard to the evidence given in the proceedings out of which the appeal arose; and\n\n (b) has power:\n\n (i) to draw inferences of fact; and\n\n (ii) in its discretion, to receive further evidence, which evidence may be taken:\n\n (A) on affidavit;\n\n (B) by oral examination before the Court or a Judge; or\n\n (C) otherwise under section 41.\n\n (4) On an appeal under subsection (2), the Court may affirm, vary or set aside the judgment of the Master and may make such order as in all the circumstances it considers just.\n\n8AAB  Exercise of jurisdiction by Registrar\n\n (1) For the purposes of the exercise of jurisdiction conferred on the Registrar by Rules of Court, this Act has effect, subject to this section, as if the court consisted of the Judges and the Registrar.\n\n (2) A person who is dissatisfied with an order of the Registrar made in the exercise of jurisdiction conferred by Rules of Court may appeal, as prescribed by the Rules of Court, to the Court constituted by one Judge.\n\n (3) On an appeal under subsection (2), the Court may affirm, vary or set aside the order of the Registrar and may make such order as in all the circumstances it considers just.\n\n8AA  Exercise of jurisdiction in relation to legal practitioners\n\n (1) The jurisdiction of the Supreme Court in the following matters shall be exercised by not less than three Judges sitting together in Court:\n\n (a) an application under any Ordinance relating to legal practitioners for admission of a person to practise as a barrister and solicitor, or as a barrister or as a solicitor, of the Court;\n\n (b) any matter relating to the issue of, or the cancellation of, a practising certificate under any such Ordinance; and\n\n (c) any matter relating to the professional behaviour or conduct of a legal practitioner.\n\n8AB  Power of Judge to order that jurisdiction in a matter be exercised by not less than 3 Judges\n\n (1) This section applies in relation to matters in which, but for this section, the jurisdiction of the Court would be exercisable by one Judge.\n\n (2) At any time before the commencement of the hearing of a matter in relation to which this section applies, a Judge may order that the jurisdiction of the Supreme Court in that matter shall be exercised by not less than three Judges.\n\n (3) At any time after the commencement of the hearing of a matter in relation to which this section applies, the Judge hearing the matter may order that the jurisdiction of the Supreme Court in that matter shall be exercised by not less than three Judges.\n\n (4) Where an order has been made under either of the last two preceding subsections in relation to a matter:\n\n (a) the jurisdiction of the Court in that matter shall, subject to the Rules of Court, be exercised by not less than three Judges sitting together in Court; and\n\n (c) the Court may give such directions as it thinks proper as to the procedure to be followed in the further conduct of the proceedings, including, in a case where evidence was received before the making of the order, directions as to the use (if any) to be made of that evidence.\n\n8AC  Manner in which question to be decided where jurisdiction exercised by 3 or more Judges\n\n  If three or more Judges sitting together in accordance with section 8AAA, 8AA or 8AB are divided in opinion as to the decision to be given on any question, the question shall be decided according to the opinion of the majority, if there is a majority, but if the Judges are equally divided in opinion:\n\n (a) in a case where a judgment of the Master is called in question—the judgment shall be affirmed; and\n\n (b) in any other case:\n\n (i) where a Judge or Judges appointed under subsection 7(1) is or are sitting—the opinion of that Judge or of the senior of them, as the case may be, prevails; or\n\n (ii) where no such Judge is sitting—the opinion of the senior additional Judge sitting prevails.\n\n8AD  Exercise by Court of powers of Master\n\n (1) Where the jurisdiction of the Court is to be, or is being, exercised in a particular case by the Master:\n\n (a) the Master may, on the Master’s own motion or on the application of a party to the proceedings, refer the proceedings to the Court constituted by one Judge; and\n\n (b) a Judge may, on the application of a party to the proceedings, at any time before the conclusion of the proceedings before the Master, order that the jurisdiction of the Court in the case be exercised by the Court constituted by one Judge.\n\n (2) Where, under subsection (1), proceedings are referred or removed to the Court constituted by one Judge, the Court may:\n\n (a) give such directions as it considers appropriate as to the procedure to be followed in the further conduct of the proceedings, including, in a case where evidence was recorded before the referral or removal, directions as to the use (if any) to be made of the evidence; and\n\n (b) remit the proceedings to the Master with such directions as the Court considers appropriate.\n\n8A  Holding of other judicial offices\n\n  A person may be a Judge of the Supreme Court notwithstanding that he is also a Judge of another court created by the Parliament, or is also the holder of a judicial office in a Territory other than the Australian Capital Territory, by virtue of an appointment made either before or after his appointment as a Judge of the Supreme Court.\n\n8B  Salary and allowances of Judges\n\n  (1) The Chief Justice and the other Judges appointed under subsection (1) of section 7 shall receive salary, annual allowances and travelling allowances at such respective rates as are fixed from time to time by the Parliament.\n\n (2) The salary and annual allowance to which a Judge is entitled under this section accrue from day to day and are payable monthly.\n\n (3) An additional Judge shall be remunerated with the salary and annual allowance that he receives as a Judge of the other court or courts of which he is a Judge.\n\n (4) The Consolidated Revenue Fund is appropriated to the extent necessary for payment of salaries and allowances in accordance with subsection (1).\n\n (5) Subject to subsection (6), a person who holds office as a Judge of the Court by virtue of an appointment that took effect while he was a Judge (including the Chief Judge) of the Federal Court of Australia is not, while he continues to hold office both as a Judge of the Court and as a Judge (including the Chief Judge) of the Federal Court of Australia, entitled to receive salary or annual allowance as provided in subsection (1).\n\n (6) In the case of a Judge of the Court to whom subsection (5) applies, if the salary or annual allowance to which he would be entitled as a Judge of the Court if that subsection were not applicable to him exceeds the salary or annual allowance, as the case may be, by which he is remunerated as a Judge (including the Chief Judge) of the Federal Court of Australia, he shall receive, in respect of his office as a Judge of the Court, an additional amount by way of salary or annual allowance, as the case may be, equal to the excess.\n\n9  Principal seat of court and sittings\n\n (1) The Supreme Court may sit at Canberra, and at such other places in the Commonwealth as are from time to time specified by the Governor‑General by notice in the Gazette.\n\n (2) The times of the sittings of the Supreme Court shall be such as are from time to time specified by Rules of Court.\n\n (3) The offices of the Supreme Court shall be at Canberra.\n\n10  Oath of allegiance and office by Judge\n\n  Each Judge shall, before proceeding to discharge the duties of the office of Judge, take before the Governor‑General, another Judge of the Court, a Justice of the High Court or a Judge of the Federal Court of Australia an oath or affirmation of allegiance in accordance with the form in the Schedule to the Constitution of the Commonwealth, and also an oath or affirmation in accordance with the following form:\n\n  ‘I, A.B., do swear that I will well and truly serve our Sovereign Lord the King in the office of Chief Justice (or Judge) of the Supreme Court of the Australian Capital Territory, and I will do right to all manner of people according to law, without fear or favour, affection or ill‑will, So help me, God’; or\n\n  ‘I, A.B., do solemnly and sincerely promise and declare that I will well and truly serve our Sovereign Lord the King in the office of Chief Justice (or Judge) of the Supreme Court of the Australian Capital Territory, and I will do right to all manner of people according to law, without fear or favour, affection or ill‑will.’.\n\n11  Jurisdiction of Supreme Court\n\n  The Supreme Court:\n\n (a) has, subject to this or any other Act or to any Ordinance or enactment, in relation to the Territory, the same original jurisdiction, both civil and criminal, as the Supreme Court of the State of New South Wales had in relation to that State immediately before 1 January 1911;\n\n (b) has such jurisdiction, both civil and criminal, and whether original or otherwise, as is from time to time vested in the Supreme Court by Act, by Ordinance or by enactment; and\n\n (c) has jurisdiction, with such exceptions and subject to such conditions as are provided by Act or by Ordinance or enactment, to hear and determine appeals from all judgments, convictions, orders and sentences of inferior courts having jurisdiction in the Territory.\n\n Note: The Supreme Court of the Australian Capital Territory has jurisdiction in the Australian Antarctic Territory and in Heard Island and McDonald Islands; see section 10 of the Australian Antarctic Territory Act 1954 and section 9 of the Heard Island and McDonald Islands Act 1953.\n\n12  Jurisdiction in Chambers\n\n  (1) The jurisdiction of the Supreme Court that is exercisable by one Judge may be exercised by the Judge sitting in Chambers, in the following cases:\n\n (a) Applications relating to the conduct of a cause or matter;\n\n (b) Applications relating to the custody, management or preservation of property, or to the sale of property and the disposition of the purchase money;\n\n (c) Applications which, by the terms of any law of the State of New South Wales continued in force in the Territory, may be made to a Judge of the Supreme Court of New South Wales sitting in Chambers; and\n\n (d) Applications for directions and other applications which, by or under this, or any other Act, by or under an Ordinance or enactment or by Rules of Court, are authorized to be made to the Judge sitting in Chambers;\n\nbut the Judge may order the application to be adjourned into Court and heard in open Court.\n\n (2) The jurisdiction of the Supreme Court exercisable by the Judge sitting in Chambers may be so exercised at Canberra or at any other place in the Commonwealth.\n\n14  Trial without jury\n\n (1) In every suit in the Supreme Court, unless the Court or the Judge otherwise orders, the trial shall be by the Court without a jury.\n\n (2) The Supreme Court or the Judge may, if it appears just,, order specially that any action or any issue of fact in any suit shall be tried before the Court with a jury.\n\n (3) The Supreme Court shall exercise the same jurisdiction as the Supreme Court of New South Wales sitting in Banco has, at the commencement of this Act, to set aside a verdict or finding f a jury, to enter judgment notwithstanding any such verdict or finding and to order a new trial after a trial with a jury.\n\n15  Costs\n\n (1) The Supreme Court, and the Judge sitting in Chambers, shall have jurisdiction to award costs in all matters brought before the Court, including matters dismissed for want of jurisdiction.\n\n (2) Subject to Rules of Court, to any Ordinance, to any enactment and to the express provisions of any other Act, the costs of and incidental to all proceedings in the Supreme Court, including the administration of estates and trusts, shall be in the discretion of the Court or Judge, and the Court or Judge shall have full power to determine by whom and to what extent the costs are to be paid.\n\n (3) Nothing in this section shall alter the practice which would otherwise be followed in any criminal cause or matter or in proceedings on the Crown side of the Court.\n\n16  Service of writs out of the jurisdiction of the Court\n\n  Writs of summons issued out of the Supreme Court and notices of such writs may be served out of the jurisdiction of the Court in the manner and to the extent provided by the Rules of Court.\n\n17  Law and equity to be concurrently administered\n\n  Subject to the express provisions of any other Act, in every civil cause or matter commenced in the Supreme Court law and equity shall be administered according to the provisions of sections 18 to 24 (inclusive) of this Act.\n\n18  Equities of plaintiff\n\n  If a plaintiff or petitioner claims to be entitled to any equitable estate or right, or to relief on any equitable ground against any deed, instrument or contract, or against any right, title or claim whatsoever asserted by any defendant or respondent in the cause or matter, or to any relief founded upon a legal right, which could in England immediately before the commencement of the Judicature Act only have been given by a Court of Equity, the Supreme Court or the Judge shall give to the plaintiff or petitioner the same relief as ought then to have been given by the English Court of Chancery in a suit or proceeding for the like purpose properly instituted.\n\n19  Equities of defendant\n\n  If a defendant claims to be entitled to any equitable estate or right, or to relief on any equitable ground against any deed, instrument or contract, or against any right, title or claim asserted by any plaintiff or petitioner in the cause or matter, or alleges any ground of equitable defence to any such claim of the plaintiff or petitioner, the Supreme Court or the Judge shall give to every equitable estate, right or ground of relief so claimed, and to every equitable defence so alleged, the same effect by way of defence against the claim of the plaintiff or petitioner, as the English Court of Chancery ought, immediately before the commencement of the Judicature Act, to have given if the like matters had been relied on by way of defence in any suit or proceeding instituted in that Court for the like purpose.\n\n20  Counter claims and third parties\n\n (1) The Supreme Court or the Judge shall have power to grant to any defendant in respect of any equitable estate or right or other matter of equity, and also in respect of any legal estate, right or title claimed or asserted by him:\n\n (a) all such relief against any plaintiff or petitioner as the defendant has properly claimed by his pleading, and as the Court or Judge might have granted in any suit instituted for that purpose by that defendant against the same plaintiff or petitioner; and\n\n (b) all such relief relating to or connected with the original subject of the cause or matter, claimed in like manner against any other person, whether already a party to the cause or matter or not, who has been duly served with notice in writing of the claim pursuant to Rules of Court, any Ordinance, any enactment or any order of the Court, as might properly have been granted against that person if he had been made a defendant to a cause duly instituted by the same defendant for the like purpose.\n\n (2) Every person served with any such notice shall thenceforth be deemed a party to the cause or matter with the same rights in respect of his defence against the claim as if he had been duly sued in the ordinary way by the defendant.\n\n21  Equities appearing incidentally\n\n  The Supreme Court or the Judge shall take notice of all equitable estates, titles and rights, and all equitable duties and liabilities appearing incidentally in the course of any cause or matter, in the same manner in which the English Court of Chancery would, immediately before the commencement of the Judicature Act, have taken notice of those matters in any suit or proceeding properly instituted therein.\n\n22  Defence or stay instead of injunction or prohibition\n\n  No cause or proceeding at any time pending in the Supreme Court shall be restrained by prohibition or injunction, but every matter of equity on which an injunction against the prosecution of any such cause or proceeding, if such cause or proceeding had been a suit or proceeding properly instituted in the English Court of Chancery for the like purpose, might, immediately before the commencement of the Judicature Act, have been obtained, whether unconditionally or on any terms or conditions, may be relied on by way of defence thereto;\n\nProvided that:\n\n (a) nothing in this Act shall disable the Court, if it thinks fit so to do, from directing a stay of proceedings in any cause or matter pending before it; and\n\n (b) any person, whether a party or not to any such cause or matter, who, if the cause or matter had been a suit or proceeding properly instituted in the English Court of Chancery for the like purpose would, immediately before the commencement of the Judicature Act, have been entitled to apply to any court to restrain the prosecution thereof, or who may be entitled to enforce, by attachment or otherwise, any judgment, decree, rule or order, in contravention of which all or any part of the proceedings in the cause or matter have been taken, may apply to the Court by motion in a summary way, for a stay of proceedings in the cause or matter, either generally, or so far as may be necessary for the purposes of justice, and the Court shall thereupon make such order as is just.\n\n23  Common law and statutory rights and duties\n\n  Subject to the provisions of this Act for giving effect to equitable rights and other matters of equity, the Supreme Court or the Judge shall give effect to all legal claims and demands, and all estates, titles, rights, duties, obligations and liabilities existing under the law in force in the Territory, including common law and custom.\n\n24  Determination of matter completely and finally\n\n  The Supreme Court, in the exercise of the jurisdiction vested in it by this Act, shall, in every cause or matter pending before the Court, grant, either absolutely or on such terms and conditions as the Court thinks just, all such remedies whatsoever as any of the parties thereto may appear to be entitled to in respect of any legal or equitable claim properly brought forward by them in the cause or matter, so that, as far as possible, all matters in controversy between the parties may be completely and finally determined, and all multiplicity of legal proceedings concerning any of those matters avoided.\n\n25  Rules of equity to prevail\n\n  In questions relating to the custody and education of infants and generally in all matters not particularly mentioned in this Act, in which there was formerly or is any conflict or variance between the rules of equity and the rules of the common law with reference to the same matter, the rules of equity shall prevail.\n\n26  Mandamus, injunctions and receivers\n\n (1) The Supreme Court may grant a mandamus or an injunction or appoint a receiver by any interlocutory order in all cases in which it appears to the Court to be just or convenient so to do.\n\n (2) Any such order may be made either unconditionally or on such terms and conditions as the Court thinks just.\n\n (3) If, whether before, or at, or after the hearing of any cause or matter, an application is made for an injunction to prevent any threatened or apprehended waste or trespass, the injunction may be granted, if the Court thinks fit, whether the person against whom the injunction is sought is or is not in possession under any claim of title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under any colour of title, and whether the estates claimed by both or by either of the parties are legal or equitable.\n\n27  Practice and procedure\n\n  Where no provision in relation to a matter of practice and procedure of the Supreme Court is contained in this or any other Act, an Ordinance, an enactment or Rules of Court, that matter shall be governed, as nearly as may be, by the practice and procedure of the High Court in similar matters and, if that practice and procedure is not applicable, that matter shall be governed, as nearly as may be, by the practice and procedure of the Supreme Court of New South Wales.\n\n28  Rules of Court\n\n (1) The Judges appointed under subsection (1) of section 7 or any two of those Judges may make Rules of Court, not inconsistent with this or any other Act, with regulations under this or any other Act or with any Ordinance:\n\n (a) for regulating and prescribing:\n\n (i) the practice and procedure, including the method of pleading, to be followed in the Supreme Court and in the offices of the Court; and\n\n (ii) all matters and things incidental to or relating to any such practice and procedure or necessary or convenient to be prescribed for the conduct of any business of the Court;\n\n (b) for prescribing any matter or thing that is, by any law of the Commonwealth or of the Territory that makes provision for the incorporation of, and otherwise in relation to, companies, required or permitted to be prescribed by regulation under that law;\n\n (c) for prescribing the qualifications for the admission of persons to practise as barristers and solicitors of the Supreme Court; and\n\n (d) for prescribing any matter or thing that is, by this Act or by any Ordinance or enactment, required or permitted to be prescribed by Rules of Court.\n\n (2) In particular the Rules of Court may provide:\n\n (a) for the places of sitting of the Court;\n\n (b) for the service and execution of the process of the Court including the manner in which and the extent to which the process of the Court may be served and executed out of the jurisdiction of the Court;\n\n (c) for the execution of the judgments of the Court;\n\n (d) for the service and execution in the Territory, in accordance with any treaty or convention to which the Commonwealth is a party, of the process of any Court of a State or of a Territory or of any foreign Court;\n\n (e) for the issue by the Supreme Court of letters of request for the service in any foreign country of any process of the Supreme Court;\n\n (f) for regulating any matters relating to the costs of proceedings in the Court; and\n\n (g) for regulating the means by which particular facts may be proved and the mode in which evidence thereof may be given in any proceedings, or on any application in connexion with, or at any stage of, any proceedings.\n\n (3) Sections 48, 48A, 48B, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to Rules of Court made under this section as if references in those sections of that Act to regulations were references to Rules of Court.\n\n29  Regulations relating to fees\n\n  The Governor‑General may make regulations:\n\n (a) prescribing the fees or other payments to be paid to officers of the Court in respect of proceedings in the Court, or of the service or execution of the process of the Court by officers of the Court; and\n\n (b) making provision, not inconsistent with this Act, necessary or convenient to be made for and in relation to the payment or remission of any such fees or other payments.\n\nPart III—The Master\n\n \n\n30  The Master\n\n  There shall be a Master of the Court.\n\n31  Powers and duties of Master\n\n (1) The Master has power to administer oaths, and may exercise such other powers, and shall perform such duties, as are assigned to the Master by or under an Act, Ordinance or enactment, by Rules of Court or by a special order of the court.\n\n (2) Where, under a law of New South Wales that is continued in force in the Territory as a law of the Territory, a power is exercisable, or a duty is to be performed, or a thing is to be done, by the Master in Equity, it may be exercised, performed or done by:\n\n (a) the Master; or\n\n (b) at a time when there is no Master, the Registrar.\n\n32  Appointment of Master\n\n (1) The Master shall be appointed by the Governor‑General.\n\n (2) A person shall not be appointed as the Master unless the person has been enrolled as a legal practitioner of the High Court or of the Supreme Court of a State or Territory for not less than 5 years.\n\n (3) A person who has attained 65 years of age shall not be appointed as the Master.\n\n33  Term of office\n\n (1) The Master:\n\n (a) holds office on and from the day specified in the instrument of appointment; and\n\n (b) holds office, subject to this Act:\n\n (i) for such term (not exceeding 7 years) as is specified in the instrument of appointment, but is eligible for re‑appointment; or\n\n (ii) if the instrument of appointment so provides, until attaining 65 years of age.\n\n (2) The Master ceases to hold office on attaining 65 years of age.\n\n33A  Oath or affirmation of office\n\n  The Master shall, before proceeding to discharge the duties of the office, take, before the Chief Justice or another Judge of the Court, an oath or affirmation in the following form:\n\n  ‘I,                               , do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law and that I will well and truly serve Her in the office of Master of the Supreme Court of the Australian Capital Territory, So help me God.’ or\n\n  ‘I,                               , do solemnly and sincerely promise and declare that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law and that I will well and truly serve Her in the office of Master of the Supreme Court of the Australian Capital Territory.’\n\n33B  Remuneration and allowances\n\n  Subject to the Remuneration Tribunals Act 1973, the Master shall be paid:\n\n (a) such remuneration as is determined by the Remuneration Tribunal; and\n\n (b) such allowances as are prescribed.\n\n33C  Resignation\n\n  The Master may resign by writing signed and delivered to the Governor‑General.\n\n33D  Removal from office\n\n (1) The Governor‑General may remove the Master from office on an address praying for his or her removal on the ground of proved misbehaviour or incapacity being presented to the Governor‑General by each House of the Parliament in the same session of the Parliament.\n\n (2) The Governor‑General may suspend the Master from office on the ground of misbehaviour or incapacity.\n\n (3) Where the Governor‑General suspends the Master from office, the Minister shall cause a statement of the grounds of the suspension to be laid before each House of Parliament within 7 sitting days of that House after the suspension.\n\n (4) The suspension terminates if:\n\n (a) at the end of 7 sitting days of a House of the Parliament after the suspension, the statement has not been laid before that House; or\n\n (b) at the end of 15 sitting days of a House of the Parliament after the day on which the statement has been laid before that House, an address under subsection (1) has not been presented to the Governor‑General by that House.\n\n (5) The suspension of the Master from office does not affect any entitlement of the Master to be paid remuneration and allowances.\n\n (6) If the Master becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, the Governor‑General shall remove the Master from office.\n\n (7) The Governor‑General may, with the consent of the Master, retire the Master from office on the ground of incapacity.\n\n (8) The Master may be removed, suspended or retired from office only under this section.\n\n33E  Terms and conditions of appointment not provided for by Act\n\n  The Master holds office on such terms and conditions (if any) in relation to matters not provided by this Act as are determined, in writing, by the Governor‑General.\n\n33F  Acting appointments\n\n (1) The Governor‑General may appoint a person who is eligible to be appointed as Master to act as the Master:\n\n (a) during a vacancy in the office of Master (whether or not an appointment has previously been made to the office); or\n\n (b) during any period when the Master is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.\n\n (2) A person appointed to act as Master shall not continue to act for more than 12 months.\n\n (3) Where:\n\n (a) a person is acting under paragraph (1)(b); and\n\n (b) the office of Master becomes vacant;\n\nthen, subject to subsection (2), the person may continue to act until the vacancy is filled.\n\n (4) A person acting as Master has all the powers and duties of the Master, and the laws of the Commonwealth and the Territory (including this Act and the Rules of Court) apply in relation to the person as if the person were the Master.\n\n (5) The Minister may determine the terms and conditions of appointment, including remuneration and allowances, of a person acting as Master.\n\n (6) A person acting as Master may be removed or suspended from office only under section 33D.\n\n (7) Anything done by or in relation to a person purporting to act as Master is not invalid because:\n\n (a) the occasion for the appointment had not arisen;\n\n (b) there was a defect or irregularity in connection with the appointment; or\n\n (c) the appointment had ceased to have effect.\n\nPart IV—Officers\n\n \n\n34  Registrar, Sheriff and other officers\n\n (1) There shall be:\n\n (a) a Registrar of the Supreme Court, and such Deputy Registrars and other officers of the Supreme Court as are necessary; and\n\n (b) a Sheriff of the Territory and such Deputy Sheriffs of the Territory as are necessary.\n\n (2) The Registrar, the Deputy Registrars and other officers of the Supreme Court, and the Sheriff and the Deputy Sheriffs, shall be appointed by the Attorney‑General.\n\n (3) Subject to this Act and to the directions of the Registrar, a Deputy Registrar has, and may exercise and perform, all the powers and functions ‘of’’ the Registrar’ under ‘this or any’ other Act, an Ordinance, an enactment or Rules of Court.\n\n (4) The appointment of a person to be a Deputy Registrar does not affect the exercise or performance of a power or function by the Registrar.\n\n35  Powers and duties of Registrar\n\n (1) The Registrar has power to administer oaths, and may exercise such other powers, and shall perform such duties, as are assigned to him by or under any Act or Ordinance, by enactment, by Rules of Court or by a special order of the Court.\n\n (2) Where, under a law of the State of New South Wales which is continued in force in the Territory as a law of the Territory, a power is exercisable, or a duty is to be performed, or a thing is to be done, by the Prothonotary or a Registrar, it may be exercised, performed or done by the Registrar.\n\n35A  Proceedings before Registrar in relation to winding‑up of companies\n\n (1) The Supreme Court, in making an order for the winding‑up of a company, may direct that all proceedings for and in relation to the winding‑up shall be had and taken before the Master or Registrar.\n\n (2) Where the Court gives a direction under the last preceding subsection in relation to the winding‑up of a company:\n\n (a) the Master or Registrar, as the case requires, has, in relation to the winding‑up, all the powers of the Court;\n\n (b) the Master or Registrar, as the case may be, may refer to the Court any matter in relation to the winding‑up that he thinks proper to be determined by the Court; and\n\n (c) an appeal lies to the Court from any order, decree or direction of the Master or Registrar, as the case may be, made or given in relation to the winding‑up.\n\n (3) In this section, ‘the Registrar’ does not include a Deputy Registrar.\n\n36  Sheriff\n\n  The Sheriff shall be charged with the service and execution of all writs, summonses, orders, warrants, precepts, process, and commands of the Supreme Court which are directed to him, and shall make such return thereof to the Court, together with the manner of the execution thereof, as he is thereby required, and shall take receive and detain all persons who are committed to his custody by the Court, and shall discharge all such persons when thereunto directed by the Court or by law.\n\n37  Powers of officers\n\n 37 All’ powers’ and ‘functions ‘exercisable’ by,’ and all ‘ rights,’privileges, immunities, duties and liabilities belonging to, the Sheriff of New South Wales in the State of New South Wales under any law of that State which is continued in force in the Territory as a law of the Territory, shall, in the Territory, be exercisable by and belong to the Sheriff of the Territory.\n\n37A  Deputy Sheriffs\n\n (1) Subject to the directions of the Sheriff, a Deputy Sheriff has, and may exercise and perform, all the powers and functions of the Sheriff under this or any other Act, an Ordinance, enactment or Rules of Court, and, in exercising or performing those powers and functions, has the same rights, privileges, immunities, duties and liabilities as the Sheriff.\n\n (2) The appointment of a person to be a Deputy Sheriff does not affect the exercise or performance of a power or function by the Sheriff.\n\nPart V—General Matters of Procedure\n\n \n\n38  Manner of giving evidence\n\n  Except as otherwise provided by this Act by an Ordinance or by an enactment, or unless in any suit the parties agree to the contrary, evidence in any matter shall be given orally in open court.\n\n39  Evidence by affidavit\n\n (1) On the hearing of any matter, evidence may be given by affidavit of the service of any document incidental to the proceedings in the matter or of the signature of a party to the matter, or of his solicitor, to such a document.\n\n (2) On or before the hearing of a civil matter, the Court or a Judge may, for sufficient reason, order that all or a part of the evidence in the matter, being evidence that but for the order would be required to be given orally in open court, may be given by affidavit.\n\n (3) An order under the last preceding subsection may be made subject to such conditions as the Court or Judge thinks just.\n\n (4) The conditions referred to in the last preceding subsection may include a condition that copies of an affidavit by which any evidence is given be served on a party or parties to the matter and a condition that a person whose evidence is given by affidavit attend at the hearing for cross examination.\n\n40  Appearance by barrister or solicitor\n\n  A party in a cause or matter may appear before the Supreme Court either personally or by a barrister or solicitor having the right to practise in the Court.\n\n41  Orders and commissions for examination of witnesses\n\n  The Supreme Court or the Judge may, in any suit or civil matter pending in the Court, and at any stage of the proceedings:\n\n (a) order the examination of any person upon oath, orally or on interrogatories, before the Court or Judge or before any officer of the Court or other person; and at any place within the Commonwealth;\n\n (b) order a commission or letters of request to be issued to take evidence;\n\n (c) by the same or any subsequent order, give any necessary directions touching the time, place and manner of any such examinations; and\n\n (d) empower any party to the suit or civil matter to give in evidence in the suit or matter the testimony so taken on such terms (if any) as the Court or Judge directs.\n\n42  Non‑appearance or absence of some defendants\n\n (1) When there are several defendants in any cause pending in the Supreme Court, if any defendant is not served with process and does not voluntarily appear, the Court may nevertheless entertain the cause and proceed to hear and determine it between the parties who are properly before the Court; but the judgment given in the cause shall not conclude or prejudice other parties who are not regularly served with process and do not voluntarily submit to the jurisdiction of the Court.\n\n (2) When, in any suit of which the Supreme Court has jurisdiction, any defendant is not a resident of, or found within, the Commonwealth, and does not voluntarily appear in the suit, the Court may nevertheless proceed to exercise its jurisdiction after such notice to the defendant and upon such terms as are prescribed by Rules of Court.\n\n43  Amendment of defect in proceedings\n\n  The Supreme Court or the Judge may at any time, and on such terms as it or he thinks just, amend any defect or error in any proceedings in the Court; and all necessary amendments shall be made for the purpose of determining the real questions in controversy or otherwise depending on the proceedings.\n\n44  Formal defects to be amended\n\n (1) No proceedings in the Supreme Court shall be invalidated by any formal defect or by any irregularity, unless the Court is of opinion that substantial injustice has been caused thereby and that the injustice cannot be remedied by an order of the Court.\n\n (2) The Court or the Judge may make an order declaring that any proceeding is valid notwithstanding any such defect or irregularity.\n\n44A  Reserved judgments\n\n (1) Where any proceeding, after being fully heard before a Court constituted by not less than 3 Judges sitting together, is ordered to stand for judgment, it is not necessary that all the Judges before whom it was heard be present together in Court to declare their opinions on the matter to which the proceedings relate, but the opinion of any one of them may be reduced to writing and may be made public by any other of them at any subsequent sitting of the Court at which judgment in the proceeding is delivered.\n\n (2) In any such case the question shall be decided in the same manner, and the judgment of the Court has the same force and effect, as if the Judge whose opinion is so made public had been present in court and had declared his opinion in person.\n\n45  Matter heard at one place may be further dealt with at another place\n\n  When any cause or matter has been heard at a sitting of the Supreme Court held at any place the Court may pronounce judgment or give further hearing or consideration to the cause or matter at a sitting of the Court held at another place, being a place at which the Court is empowered to sit.\n\n46  Change of venue\n\n  The Supreme Court or the Judge may, at any stage of any suit pending in the Court, direct that the trial shall be had or continued at some particular place, being a place at which the Court is empowered to sit, to be specified in the order, subject to such conditions (if any) as the Court or Judge imposes.\n\n47  Seal\n\n  The Supreme Court shall have and use as occasion requires a Seal, having inscribed thereon the words ‘The Seal of the Supreme Court of the Australian Capital Territory’. The Seal shall be kept in such custody as the Chief Justice directs.\n\n48  Use of Seals\n\n  All writs, commissions and process issued from the Supreme Court shall be in the name of the King, and shall be under the Seal of the Court or such other seal as is prescribed by Rules of Court, and shall be signed by the Registrar or other proper officer.\n\n49  Date of process\n\n  All writs and process issued from the Supreme Court shall be dated as of the day on which they are issued.\n\n50  Oaths and affirmations\n\n (1) Subject to any Ordinance or to Rules of Court, the forms of oath used in proceedings in the Supreme Court shall be the same, as nearly as may be, as those which are used in the Supreme Court of the State of New South Wales.\n\n (2) Subject to any Ordinance or to Rules of Court, a person who, by or under a law of the State of New South Wales, is entitled to make an affirmation instead of taking an oath may do so in a cause or matter in the Supreme Court.\n\n (3) The form of affirmation shall, subject to any Ordinance or to Rules of Court, be in accordance with the law of that State.\n\nPart VII—Miscellaneous\n\n53  Indictable offences\n\n (1) Subject to the next succeeding subsection, an indictable offence triable before the Supreme Court shall be prosecuted by information in the name of the Attorney‑General or of such other person as the Attorney‑General, by instrument in writing, appoints for the purposes of this subsection.\n\n (2) The Attorney‑General may file an information under the last preceding subsection without examination or commitment for trial of the accused person.\n\n (3) Upon an information being filed without examination or commitment for trial, the Supreme Court or the Judge may:\n\n (a) cause a summons to be issued to the accused person to appear at the time and place specified in the summons and there to answer the charge specified in the information; or\n\n (b) issue a warrant for the arrest of the accused person and hold him in custody or admit him to bail.\n\n (3A) Nothing in subsection (1):\n\n (a) affects the power of the Director of Public Prosecutions to prosecute by information in his official name; or\n\n (b) affects, or shall be taken to have affected, the power of a Special Prosecutor to prosecute by information in his own name; an indictable offence triable before the Supreme Court.\n\n (4) Where a person has been committed for trial upon a charge for an indictable offence triable before the Supreme Court, the information against the person may include, either in substitution for, or in addition to, a count charging the offence for which he was committed, a count founded on a fact or evidence disclosed in the course of the committal proceedings.\n\n (5) The last preceding subsection does not authorize the inclusion of more than one count in the same information unless those counts are such as may lawfully be joined in the one information.\n\n (6) Where a person is under commitment upon a charge of an indictable offence triable before the Supreme court, the Attorney‑General, or such other person as the Attorney‑General, by instrument in writing, appoints for the purposes of this subsection, may decline to proceed further in the prosecution and, if the accused person is in custody, may, by warrant under his hand, direct the discharge of the accused person from custody, and the accused person shall be discharged accordingly.\n\n (7) Nothing in subsection (6):\n\n (a) affects the power under subsection 9 (4) of the Director of Public’’Prosecutions Act 1983 of the Director of Public Prosecutions; or\n\n (b) affects, or shall be taken to have affected, the power under subsection 8 (2) of the Special Prosecutors Act 1982 of a Special Prosecutor.\n\n53A  Interest up to judgment\n\n (1) In any proceedings for the recovery of any money (including any debt or damages or the value of any goods) the Supreme Court or the Judge shall, upon application, unless good cause is shown to the contrary, either:\n\n (a) order that there be included in the sum for which judgment is given interest at such rate as the Court or the Judge, as the case may be, thinks fit on the whole or any part of the money for the whole or any part of the period between the date when the cause of action arose and the date as of which the judgment is entered; or\n\n (b) without proceeding to calculate interest in accordance with paragraph (a), order that there be included in the sum for which judgment is given a lump sum in lieu of any such interest.\n\n (2) Subsection (1) does not:\n\n (a) authorize the giving of interest upon interest or of a sum in lieu of such interest;\n\n (b) apply in relation to any debt upon which interest is payable as of right whether by virtue of an agreement or otherwise; or\n\n (c) affect the damages recoverable for the dishonour of a bill of exchange.\n\n (3) Where the sum for which judgment is given (in this subsection referred to as the ‘relevant sum’) includes, or where the Court or the Judge in its or his absolute discretion determines that the relevant sum includes, any amount for:\n\n (a) compensation in respect of liabilities incurred which do not carry interest as against the person claiming interest or claiming a sum in lieu of interest;\n\n (b) compensation for loss or damage to be incurred or suffered after the date on which judgment is given; or\n\n (c) exemplary or punitive damages; interest, or a sum in lieu of interest, shall not be given under subsection (1) in respect of any such amount or in respect of so much of the relevant sum as in the opinion of the Court or the Judge represents any such amount.\n\n54  Interest on judgments\n\n  A judgment debt under a judgment of the Court carries interest at such rate as is fixed by the Rules of Court from the date as of which the judgment is entered.\n\n55  Security of the peace and for good behaviour\n\n  A Judge, or, if three or more Judges are sitting together for the purpose of exercising jurisdiction of the Court that is exercisable by not less than three Judges, those Judges, shall have the like authority to hold to security of the peace and for good behaviour in matters arising under the laws of the Territory as may be lawfully exercised by a Judge of the Supreme Court of New South Wales in cases cognizable before him.\n\n56  Powers of Judge\n\n  Where, by any law of the State of New South Wales which is continued in force in the Territory as a law of the Territory, any power or function is vested in the Supreme Court of New South Wales, or in a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or the Judge, as the case may be.\n\n57  Duty of receiver and manager\n\n  When, in any cause pending in the Supreme Court, a receiver or manager appointed by the Court is in possession of any property, the receiver or manager shall manage and deal with the property according to the requirements of the laws of the State or part of the Commonwealth in which the property is situated, in the same manner in which the owner or possessor thereof would be bound to do if in possession thereof.\n\n58  Liability and protection of receivers and managers\n\n  A receiver or manager of any property appointed by the Supreme Court may, without the previous leave of the Court, be sued in respect of any act or transaction of his in carrying on the business connected with the property.\n\n59  Action by or against Sheriff etc.\n\n  When the Sheriff or a Deputy Sheriff is a party to a cause in the Supreme Court, all writs, summonses, orders, warrants, precepts, process and commands in the cause which should in the ordinary course be directed to him shall be directed to such disinterested person as the Court or the Judge appoints; and the person so appointed may execute and return them.\n\nEndnotes\n\n \n\nEndnote 1—Legislation history\n\nThis endnote sets out details of the legislation history of the Australian Capital Territory Supreme Court Act 1933.\n\n \n\n| Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |\n| --- | --- | --- | --- | --- |\n| Australian Capital Territory Supreme Court Act 1933 | 34, 1933 | 9 Dec 1933 | 1 Jan 1934 (s 3) |  |\n| Seat of Government Supreme Court Act 1935 | 27, 1935 | 13 Apr 1935 | 13 Apr 1935 | — |\n| Seat of Government Supreme Court Act 1945 | 57, 1945 | 19 Oct 1945 | 19 Oct 1945 (s 2) | — |\n| Salaries (Statutory Offices) Adjustment Act 1947 | 52, 1947 | 1 Nov 1947 | 1 Nov 1947 (s 2(1)) | s 2(2) |\n| Judges’ Pensions Act 1948 | 65, 1948 | 9 Dec 1948 | Sch: 9 Dec 1948 (s 2) | s 14 |\n| Salaries (Statutory Offices) Adjustment Act 1950 | 51, 1950 | 14 Dec 1950 | Sch 1: 1 July 1950 (s 2) | — |\n| Statute Law Revision Act 1950 | 80, 1950 | 16 Dec 1950 | Sch 1 and 2: 31 Dec 1950 (s 2) | s 16 and 17 |\n| Judges’ Remuneration Act 1955 | 17, 1955 | 9 June 1955 | Sch 1 and 2: 1 Jan 1955 (s 2) | — |\n| Australian Capital Territory Supreme Court Act 1955 | 36, 1955 | 16 June 1955 | 14 July 1955 | — |\n| Australian Capital Territory Supreme Court Act 1956 | 47, 1956 | 30 June 1956 | 14 Aug 1956 (s 2 and gaz 1956, No 46, p 2489) | — |\n| Australian Capital Territory Supreme Court Act 1957 | 34, 1957 | 7 June 1957 | 5 July 1957 | s 16 |\n| Australian Capital Territory Supreme Court Act 1958 | 43, 1958 | 29 Sept 1958 | 29 Sept 1958 (s 2) | — |\n| Australian Capital Territory Supreme Court Act 1959 | 51, 1959 | 22 May 1959 | 22 May 1959 (s 2) | — |\n| Judges’ Remuneration Act 1960 | 110, 1960 | 16 Dec 1960 | Sch 1 and 2: 1 Oct 1960 (s 2) | — |\n| Australian Capital Territory Supreme Court Act 1964 | 109, 1964 | 20 Nov 1964 | s 5: 27 Oct 1960 (s 2(2)) Remainder: 20 Nov 1964 (s 2(1)) | s 6(2)–(4) and 8(2)<br> |\n| as amended by |  |  |  |  |\n| Statute Law Revision Act 1973 | 216, 1973 | 19 Dec 1973 | Sch 1: 31 Dec 1973 (s 2) | s 9(1) and 10 |\n| Judges’ Remuneration Act 1965 | 92, 1965 | 4 Dec 1965 | Sch 1: 1 July 1965 (s 2) | — |\n| Australian Capital Territory Supreme Court Act 1966 | 8, 1966 | 3 May 1966 | 31 May 1966 | — |\n| Statute Law Revision (Decimal Currency) Act 1966 | 93, 1966 | 29 Oct 1966 | Sch 1: 1 Dec 1966 (s 2) | — |\n| Australian Capital Territory Supreme Court Act 1968 | 156, 1968 | 10 Dec 1968 | 10 Dec 1968 (s 2) | s 4(2) and 9(2) |\n| Judges’ Remuneration Act 1969 | 40, 1969 | 14 June 1969 | 14 June 1969 (s 2) | — |\n| Australian Capital Territory Supreme Court Act 1971 | 13, 1971 | 5 Apr 1971 | 5 Apr 1971 (s 2) | s 5(2) |\n| Australian Capital Territory Supreme Court Act (No. 2) 1971 | 98, 1971 | 17 Nov 1971 | 17 Nov 1971 (s 2) | s 6(2), (3) and 11(2) |\n| Statute Law Revision Act 1973 | 216, 1973 | 19 Dec 1973 | Sch 1: 31 Dec 1973 (s 2) | s 9(1) and 10 |\n| Australian Capital Territory Supreme Court Amendment Act 1976 | 158, 1976 | 9 Dec 1976 | s 12 and 14: 1 Feb 1977 (s 2(2) and gaz 1977, No S3) Remainder: 9 Dec 1976 (s 2(1)) | s 5(2)–(4), s 12(2) and 15(2) |\n| Australian Capital Territory Supreme Court Amendment Act 1978 | 3, 1978 | 20 Mar 1978 | 1 Apr 1980 (s 2 and gaz 1980, No S65) | — |\n| Statute Law Revision Act 1981 | 61, 1981 | 21 June 1981 | s 115: 21 June 1981 (s 2(1)) | — |\n| as amended by |  |  |  |  |\n| Statute Law (Miscellaneous Amendments) Act (No. 1) 1982 | 26, 1982 | 7 May 1982 | s 216: 4 June 1982 (s 2(12))  s 217: 12 June 1982 (s 2(11)) | — |\n| Companies (Miscellaneous Amendments) Act 1981 | 92, 1981 | 18 June 1981 | s 15 and 16: 1 July 1982 (s 2(3) and gaz 1982, No S124) | — |\n| Statute Law (Miscellaneous Amendments) Act 1981 | 176, 1981 | 2 Dec 1981 | s 13–17: 30 Dec 1981 (s 2(12)) | s 16(2) and 17(2) |\n| as amended by |  |  |  |  |\n| Statute Law (Miscellaneous Amendments) Act (No. 2) 1982 | 80, 1982 | 22 Sept 1982 | s 260 and 261: 30 Dec 1981 (s 2(14)) | — |\n| Statute Law (Miscellaneous Amendments) Act (No. 1) 1982 | 26, 1982 | 7 May 1982 | s 59–69: 7 May 1982 (s 2(1)) | s 69 |\n| Statute Law (Miscellaneous Provisions) Act (No. 2) 1983 | 91, 1983 | 22 Nov 1983 | Sch 1: 1 Jan 1934 (s 2(4)) | s 2(14) and 6(1) |\n| Director of Public Prosecutions (Consequential Amendments) Act 1983 | 114, 1983 | 14 Dec 1983 | s 3 and 4: 5 Mar 1984 (s 2(1) and gaz 1984, No S55) | — |\n| Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 | 65, 1985 | 5 June 1985 | Sch 1: 3 July 1985 (s 2(1)) | — |\n| Statute Law (Miscellaneous Provisions) Act (No. 2) 1986 | 168, 1986 | 18 Dec 1986 | Sch 1: 18 Dec 2996 (s 2(1)) | s 5(1) |\n| Statute Law (Miscellaneous Provisions) Act 1988 | 38, 1988 | 3 June 1988 | Sch 1: 9 Nov 1988 (s 2(3) and gaz 1988, No S348) | s 5(1) |\n| Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988 | 99, 1988 | 2 Dec 1988 | Sch 8: 2 Dec 1988 (s 2) | — |\n| A.C.T. Self‑Government (Consequential Provisions) Act 1988 | 109, 1988 | 6 Dec 1988 | Sch 5: 11 May 1989 (s 2(3) and gaz 1989, No S164) | — |\n\n\n \n\nEndnote 2—Amendment history\n\n \n\n| Provision affected | How affected |\n| --- | --- |\n| Title.................... | am No 98, 1971 |\n| s 1..................... | am No 80, 1950 |\n| s 2..................... | rs No 51, 1959 |\n|  | am No 109, 1964 |\n|  | rep No 216, 1973 |\n| s 3..................... | am No 216, 1973; No 158, 1976; No 61, 1981 |\n| s 4..................... | rep No 216, 1973 |\n| s 5..................... | am No 27, 1935; No 57, 1945; No 34, 1957; No 43, 1958; No 109, 1964; No 156, 1968; No 13, 1971; No 98, 1971; No 216, 1973; No 158, 1976; No 26, 1982; No 38, 1988; No 109, 1988 |\n| s 6..................... | am No 43, 1958; No 13, 1971; No 98, 1971; No 158, 1976; No 26, 1982 |\n| s 7..................... | rs No 43, 1958 |\n|  | am No 156, 1968; No 13, 1971; No 98, 1971; No 216, 1973; No 158, 1976; No 26, 1982 |\n| s 7AA................... | ad 109, 1988 |\n| s 7A.................... | ad No 158, 1976 |\n|  | am No 26, 1982 |\n| s 7B.................... | ad No 158, 1976 |\n|  | am No 26, 1982 |\n| s 8..................... | am No 57, 1945; No 47, 1956 |\n|  | rs No 43, 1958 |\n|  | am No 156, 1968; No 13, 1971 |\n|  | rs No 98, 1971 |\n|  | am No 158, 1976 |\n|  | rs No 38, 1988 |\n| s 8AAA.................. | ad 38, 1988 |\n| s 8AAB.................. | ad No 38, 1988 |\n| s 8AA................... | ad No 156, 1968 |\n|  | am No 13, 1971; No 98, 1971; No 158, 1976 |\n| s 8AB................... | ad No 98, 1971 |\n|  | am No 158, 1976 |\n| s 8AC................... | ad No 98, 1971 |\n|  | am No 158, 1976; No 38, 1988 |\n| s 8AD................... | ad No 38, 1988 |\n| s 8A.................... | ad No 57, 1945 |\n|  | rs No 34, 1957; No 43, 1958; No 109, 1964 |\n|  | am No 216, 1973 |\n| s 8B.................... | ad No 57, 1945 |\n|  | am No 52, 1947; No 65, 1948; No 51, 1950; No 17, 1955; No 43, 1958; No 110, 1960; No 92, 1965; No 93, 1966; No 40, 1969; No 13, 1971 |\n|  | rs No 158, 1976 |\n|  | am No 26, 1973 |\n| s 10.................... | am No 43, 1958; No 158, 1976; No 176, 1981 (as am by No 80, 1982); No 26, 1982 |\n| s 11.................... | rs No 34, 1957 |\n|  | am No 158, 1976; No 61, 1981; No 109, 1988 |\n| s 12.................... | am No 34, 1957; No 156, 1968; No 109, 1988 |\n| s 13.................... | am No 156, 1968; No 98, 1971 |\n|  | rep No 158, 1976 |\n| s 15.................... | am No 34, 1957; No 109, 1988 |\n| s 16.................... | am No 80, 1950 |\n| s 17.................... | am No 158, 1976 |\n| s 20.................... | am No 34, 1957; No 109, 1988 |\n| s 23.................... | am No 216, 1973 |\n| s 27.................... | rs No 34, 1957 |\n|  | am No 109, 1988 |\n| s 28.................... | am No 80, 1950; No 34, 1957; No 156, 1968; No 98, 1971; No 216, 1973; No 158, 1976; No 3, 1978; No 92, 1981; No 26, 1982; No 168, 1986; No 99, 1988; No 109, 1988 |\n| Part III |  |\n| Part III.................. | ad 38, 1988 |\n| s 29.................... | rep No 51, 1959 |\n|  | ad No 3, 1978 |\n|  | ad 38, 1988 |\n| s 30.................... | rep No 51, 1959 |\n|  | ad No 38, 1988 |\n| s 31.................... | rep No 51, 1959 |\n|  | ad 38, 1988 |\n|  | am 109, 1988 |\n| s 32.................... | rep No 51, 1959 |\n|  | ad 38, 1988 |\n| s 33.................... | rep No 51, 1959 |\n|  | ad 38, 1988 |\n| s 33A................... | ad 38, 1988 |\n| s 33B................... | ad 38, 1988 |\n| s 33C................... | ad 38, 1988 |\n| s 33D................... | ad 38, 1988 |\n| s 33E................... | ad 38, 1988 |\n| s 33F................... | ad 38, 1988 |\n| Part IV |  |\n| s 34.................... | am No 34, 1957 |\n|  | rs 109, 1964 |\n|  | am No 98, 1971; No 109, 1988 |\n| s 35.................... | rs No 34, 1957 |\n|  | am No 156, 1968; No 91, 1983; No 38, 1988; No 109, 1988 |\n| s 35A................... | ad No 156, 1968 |\n|  | am No 38, 1988 |\n| s 37A................... | ad No 109, 1964 |\n|  | am 109, 1988 |\n| Part V |  |\n| s 38.................... | rs No 98, 1971 |\n|  | am No 109, 1988 |\n| s 39.................... | am No 34, 1957 |\n|  | rs No 98, 1971 |\n| s 40.................... | rs No 8, 1966 |\n| s 44A................... | ad No 176, 1981 |\n| s 47.................... | am No 98, 1971; No 158, 1976; No 26, 1982 |\n| s 50.................... | am No 34, 1957 |\n| Part VI.................. | rep No 158, 1976 |\n| s 51.................... | am No 36, 1955; No 34, 1957; No 93, 1966; No 156, 1968 |\n|  | rep No 158, 1976 |\n| s 52.................... | rs No 109, 1964 |\n|  | rep No 158, 1976 |\n| Part VII |  |\n| s 53.................... | rs 34, 1957 |\n|  | am No 176, 1981; No 114, 1983 |\n| s 53A................... | ad No 176, 1981 |\n| s 54.................... | am No 93, 1966 |\n|  | rs No 158, 1976 |\n| s 55.................... | am No 98, 1971; No 216, 1973 |\n| s 59.................... | am No 109, 1964 |\n| Schedule 1 |  |\n| Schedule 1................ | rep No 80, 1950 |\n| Schedule 2 |  |\n| Schedule 2................ | rep No 51, 1959 |\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1933 purpose of simply establishing a Supreme Court. Major expansions include: (1) creation of an elaborate Master position with detailed appointment/removal provisions (Part III added 1988); (2) complex multi-judge panel provisions for legal practitioner matters (ss 8AA, 8AB added 1968-1971); (3) detailed provisions about additional judges and acting appointments; (4) incorporation of company winding-up powers (s 35A added 1968); and (5) interest on judgments provisions (ss 53A, 54 added 1976-1981). The Act has evolved from a simple court constitution statute into a comprehensive court administration and procedure Act."},"complexity_factors":["Multiple layers of judicial appointment: distinguishes between permanent judges (s 7(1)), additional judges (s 7(2)), acting Chief Justice (s 7A), and acting Master (s 33F)","Extensive cross-referencing to NSW law: s 11 imports NSW Supreme Court jurisdiction as at 1911; s 27 imports High Court and NSW Supreme Court procedural rules where the Act is silent","Conditional jurisdiction provisions: complex rules about when single judges vs multiple judges (s 8AA, 8AB) vs Master (s 8AAA) vs Registrar (s 8AAB) can hear matters","Nested appeal rights: s 8AAA(2) creates different appeal paths depending on whether a Master's judgment is interlocutory (temporary/procedural) or final","Transitional provisions: s 7AA contains time-limited consultation requirements (1990-1992) that have expired but remain in the text","Dual administration of law and equity: ss 17-25 replicate complex 19th century English judicature provisions about how legal and equitable claims interact","Multiple amendment layers: the endnotes show 40+ amending acts between 1933-1988, creating a fragmented legislative history"],"plain_english_summary":"**What this legislation does:**\n\nThis Act establishes and governs the **Supreme Court of the Australian Capital Territory (ACT)**—the highest court in the ACT. It sets out how the court is structured, who can be appointed as judges, what cases the court can hear, and how court proceedings should run.\n\n**Key things the Act covers:**\n\n*   **Creating the Court:** Establishes the Supreme Court as a \"superior court of record\" (a court whose records are accepted as fact without question) consisting of a Chief Justice and up to two other permanent judges, plus additional judges who can be appointed from other federal courts.\n*   **Who can be a judge:** Judges must be under 70 years old and either already be a judge elsewhere, or have been a lawyer for at least 5 years. They can only be removed by Parliament for \"proved misbehaviour or incapacity\"—this is called **security of tenure** (protection from being sacked arbitrarily).\n*   **What the court can do:** The court has the same powers as the NSW Supreme Court had before 1911, plus any extra powers given by other laws. It can hear both civil disputes (between people or organisations) and criminal cases (prosecutions for offences). It also hears appeals from lower courts.\n*   **How cases are heard:** Most cases are decided by a single judge. However, cases involving lawyers' conduct or admissions must be heard by at least three judges. A judge can also order that a complex case be heard by three or more judges.\n*   **Other court officers:** The Act creates positions for a **Master** (a senior judicial officer who handles certain procedural matters and some cases), a **Registrar** (who handles administrative and some judicial functions), and a **Sheriff** (who enforces court orders and manages juries).\n*   **Procedure:** The Act allows the court to make **Rules of Court** (detailed procedural regulations), governs how evidence is given, allows trials without juries in civil cases, and deals with practical matters like court seals and serving documents outside the ACT.\n\n**Who it affects:**\n\n*   Anyone involved in serious legal disputes in the ACT (civil or criminal)\n*   Lawyers practising in the ACT\n*   The judges, Master, Registrar and other court staff\n*   The ACT Government and Commonwealth Government\n\n**Why it matters:**\n\nThis Act is the constitutional foundation of the ACT's justice system. Without it, there would be no Supreme Court to hear serious criminal trials, major civil disputes, or appeals from lower courts. It ensures there is an independent judiciary (judges who can't be easily removed) to interpret and apply the law fairly."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act’s operational scope has been expanded since the original 1933 text. Key later changes include statutory creation and detailed regulation of the Master and procedural delegation to that office (Part III and sections such as 8AAA and 8AD added or amended—see Endnote 2 entries noting additions in 1988), explicit provision for the Registrar to exercise jurisdiction and for appeals from Master/Registrar decisions (sections 8AAB and 8AAA added 1988), and numerous amendments to appointment, remuneration and administrative arrangements for officers (see amendment history in Endnote 2). These amendments broadened the Court’s internal administrative framework and introduced layered decision pathways (Master/Registrar => Judge/Court) that did not feature in the original Act."},"complexity_factors":["Extensive delegation: Judges may delegate jurisdiction to the Master and Registrar under Rules (s 8(2), 8AAA, 8AAB), creating multi‑layered decision and appeal routes.","Broad rules‑making power: Judges can make Rules of Court covering procedure, evidence, fees and practitioner qualifications (s 28), requiring cross‑reference between Act and Rules.","Multiple appointment and removal regimes: different officers appointed by different authorities (Governor‑General, Attorney‑General), with distinct tenure and removal processes (ss 7, 32, 34, 33D).","Imported and historical references: jurisdiction and practice are tied to the NSW Supreme Court and older English chancery practice as at particular historical dates (ss 11, 17–26), requiring interpretation against external sources.","Mixed civil and criminal procedures: the Act governs both sides of the court’s work (s 11, s 53), increasing procedural complexity.","Detailed procedural provisions spread across many sections (e.g. evidence, service, seals, fees, appeals), so users must navigate multiple cross‑references (ss 14, 15, 16, 39–41, 47–50).","Amendment history and transitional provisions: numerous later insertions and repeals (see endnotes) mean the text has evolved and must be read with amendment history in mind."],"plain_english_summary":"### What this Act does, mechanically\n\n- Establishes a Supreme Court for the Australian Capital Territory (the Court) and declares it a superior court of record (section 6).  \n- Sets out how many Judges the Court may have, how Judges (including the Chief Justice) are appointed, the minimum experience required, mandatory retirement age for appointed Judges, and the only way a Judge may be removed (section 7).  \n- Gives the Court the civil and criminal jurisdiction the New South Wales Supreme Court had immediately before 1 January 1911 (subject to later Acts and Ordinances), and also any jurisdiction later vested in it by Commonwealth or Territory law (section 11).  \n- Enables the Court to make Rules of Court governing practice, procedure, fees and evidentiary matters, and allows Judges to delegate specified jurisdiction to the Master and to the Registrar as provided by those Rules (sections 28 and 8(2)).  \n- Creates the statutory offices of Master, Registrar and Sheriff, sets out appointment processes and terms for those officers, and assigns powers and duties to them (Parts III and IV; sections 30–37A).  \n- Sets default procedural rules such as trial without a jury (unless the Court orders otherwise), evidence rules, service of process outside the Territory, equitable jurisdiction and costs (sections 14, 38–41, 17–26, 15).  \n- Provides special procedural and substantive rules for topics such as winding up of companies (section 35A), prosecuting indictable offences (section 53), interest on judgments (sections 53A–54), and security for the peace (section 55).  \n\n### Who is directly affected\n\n- Judges, the Chief Justice, additional Judges and the Master: their appointment, term, duties, remuneration and removal are governed by the Act (sections 7, 30–33F, 8B).  \n- Court officers: the Registrar, Deputy Registrars, Sheriff and Deputy Sheriffs are established and their powers defined; their appointment is by the Attorney‑General (section 34).  \n- Litigants and lawyers: the Act determines where and how proceedings are run, costs are awarded, evidence is given and appeals from officers’ decisions are handled (sections 15, 28, 8AAA, 8AAB, 39–41).  \n- The Territory’s budget: salaries and allowances for Judges are paid from the Consolidated Revenue Fund (section 8B(4)); fees and remissions may be set by regulations (section 29).  \n\n### Stated purpose and how the Act achieves it\n\n- The Act’s explicit purpose is to establish a functioning superior court for the ACT and to vest it with the jurisdiction necessary to determine legal and equitable disputes, criminal trials and appeals arising in the Territory (sections 6 and 11).  \n- Mechanisms used to achieve that purpose include appointment rules for judicial officers (section 7), delegation of administrative and some judicial functions to the Master and Registrar (sections 8(2), 8AAA, 8AAB, 31), a comprehensive Rules of Court power to set procedure (section 28), and provisions that import the practices and equitable rules current in English/NSW law at the relevant dates (sections 17–26, 27).  \n\n### Costs, incentives, trade-offs and compliance burden\n\n- Who pays: judicial salaries and allowances are met from the Consolidated Revenue Fund (section 8B(4)). Court fees are set by regulations (section 29), making litigants the likely payers of operating costs through fees and cost orders (section 15).  \n- Incentives and concentration of benefits: the Act vests rule‑making power in the Judges (section 28) and permits Rules to prescribe qualifications for legal practitioners (section 28(1)(c)), which creates a direct mechanism that can affect entry to the legal profession in the Territory. Judges and court officers gain legally protected salaries and conditions (sections 8B, 33B).  \n- Delegation and workload substitution: the Rules of Court and specific provisions allow the Master and Registrar to exercise some jurisdiction that otherwise would require a Judge (sections 8(2), 8AAA, 8AAB, 31). That shifts workload and can speed routine matters, but also creates appeal paths back to Judges (sections 8AAA(2)–(4), 8AAB(2)–(3)).  \n- Compliance and administrative burden: procedural controls (service out of jurisdiction (section 16), affidavit rules (section 39), commissions for evidence (section 41), Rules of Court (section 28)) require parties and practitioners to follow formal steps; fees regulations (section 29) may add direct costs.  \n- Bureaucratic discretion and implementation risk: appointment powers (Governor‑General for Judges (section 7) and Master (section 32); Attorney‑General for Registrar and Sheriff (section 34)), broad Rules of Court powers (section 28) and Governor‑General/Minister roles in fixing terms (sections 33E, 33F(5)) concentrate important choices in executive and judicial hands. That centralisation simplifies decision‑making but means many operational details depend on later rules and administrative action.  \n\n### Concrete behavioural effects\n\n- Legal practitioners and litigants will generally expect bench trials by default (section 14(1)), unless a jury is ordered.  \n- Routine procedural matters may be directed to the Master or Registrar under Rules, with appeals available to Judges (sections 8(2), 8AAA, 8AAB).  \n- Rules of Court can alter practice, evidence handling and fees; compliance with those Rules becomes a material part of litigants’ costs and strategy (section 28)."},"issue_detection":{"absurdities":[{"type":"retroactive_impossibility","section":"7AA","severity":"low","reasoning":"The Act's version date is 1989-05-11, yet s7AA regulates appointments in a 1990–1992 window. This is not inherently impossible — Parliament can legislate in advance — but it is structurally odd and suggests the section was inserted by amendment after the fact, yet the consolidation date shown predates the amendment period. This creates a temporal anomaly: the version of the Act shown should not yet contain s7AA if it genuinely reflects the law as at 11 May 1989.","confidence":0.72,"description":"Section 7AA governs 'Appointments between 1 July 1990 and 30 June 1992', but this version of the Act is dated 11 May 1989 — meaning the section purports to regulate a future window of time that had not yet occurred at the time of enactment. While prospective legislation is normal, the section is titled as though it definitively describes a closed historical period, yet the Act as presented predates that entire window. Any substantive obligations or conditions in s7AA that were meant to apply during that period could not have been known to appointees before the period opened."},{"type":"other","section":"Part VI","severity":"medium","reasoning":"Legislative parts and section numbers are meant to form a coherent, traceable structure. The complete omission of Part VI with no endnote explaining its repeal, relocation, or omission is a genuine structural absurdity. Readers relying on the Act cannot determine whether Part VI was repealed (and what it contained), never enacted, or simply missing from this version. This creates interpretive uncertainty, particularly if cross-references to Part VI provisions exist elsewhere in ACT law.","confidence":0.88,"description":"The Table of Contents jumps directly from Part V (General Matters of Procedure, sections 38–50) to Part VII (Miscellaneous, sections 53–59). Part VI is entirely absent — no heading, no sections, no explanatory note about its repeal or omission. This creates a structural gap in the Act's numbering with no explanation."},{"type":"circular_definition","section":"8AB and 8AC","severity":"low","reasoning":"The provisions do not exclude the ordering Judge from the resulting bench, meaning a Judge could order a matter to a three-Judge bench and then sit on that bench. This is not impossible but creates an internal logical tension about the independence and purpose of the referral mechanism.","confidence":0.55,"description":"Section 8AB empowers a single Judge to order that jurisdiction in a matter be exercised by 'not less than 3 Judges', while s8AC then governs how questions are decided where jurisdiction is exercised by '3 or more Judges'. The absurdity is that a single Judge sitting alone — who presumably has jurisdiction to make the s8AB order — is also a Judge of the same Court exercising the same jurisdiction they are about to redirect. There is no provision addressing whether the ordering Judge can be one of the three, creating a potential circularity: can the Judge who orders the three-Judge bench sit on it and effectively review their own procedural decision?"},{"type":"other","section":"8AD","severity":"medium","reasoning":"A superior court ordinarily retains all jurisdiction it delegates. Requiring express statutory authority for the Supreme Court to exercise powers it granted to its own Master inverts the normal principle of delegatus non potest delegare and suggests the original grant of power to the Master may have been drafted in a way that inadvertently extinguished the Court's parallel power, necessitating the remedial s8AD.","confidence":0.75,"description":"Section 8AD is titled 'Exercise by Court of powers of Master'. This creates a structural oddity: the Master exists as a subordinate officer to exercise delegated jurisdiction (per ss 8AAA and 31), yet a separate provision is needed to allow the Court itself to exercise the Master's powers. This implies the Court — which is the superior body — cannot by default exercise the powers it originally delegated downward, requiring an express legislative workaround to reclaim its own jurisdiction."},{"type":"other","section":"44 and 43","severity":"low","reasoning":"Overlapping amendment provisions create interpretive uncertainty. Courts and practitioners must determine whether s44 is merely clarificatory of s43 or creates a separate, lower threshold for formal defects. Without the full text this is tentative, but the structural duplication is a recognised drafting concern.","confidence":0.45,"description":"Section 43 is titled 'Amendment of defect in proceedings' and s44 is titled 'Formal defects to be amended'. Without access to the full text, both sections appear to cover the same subject matter — amendment of defects in proceedings — with s44 apparently being a subset or duplicate of s43. Having two adjacent provisions dealing with amending defects, one general and one specific to 'formal' defects, risks creating ambiguity about which standard applies and whether a defect that is 'formal' is governed by one, both, or either provision."}],"contradictions":[{"severity":"medium","section_a":"8AAA","section_b":"8AD","confidence":0.7,"description":"Section 8AAA grants the Master jurisdiction to exercise certain powers of the Court, while s8AD separately grants the Court power to exercise the Master's powers. This creates a bidirectional exchange of jurisdiction between the Court and the Master. The contradiction arises because if the Court must rely on s8AD to exercise the Master's powers, it implies those powers are exclusively vested in the Master — yet s8AAA frames the Master's powers as derived from, and subordinate to, the Court. The two sections pull in opposite directions on the question of where ultimate jurisdiction lies."},{"severity":"medium","section_a":"8AAA","section_b":"8AAB","confidence":0.65,"description":"Both sections purport to govern the exercise of the Court's jurisdiction — s8AAA by the Master and s8AAB by the Registrar. The Registrar is a court officer (Part IV) whose role is primarily administrative (s35), while the Master is a judicial officer (Part III) with defined quasi-judicial functions. Granting the Registrar jurisdiction to exercise Court powers in s8AAB, on apparently parallel terms to the Master in s8AAA, creates tension with the Registrar's fundamentally administrative character and the principle that judicial power must be exercised by persons with appropriate tenure and independence. The two sections together may inadvertently place an administrative officer on the same jurisdictional footing as a judicial officer."},{"severity":"low","section_a":"14","section_b":"38","confidence":0.35,"description":"Section 14 provides for trial without jury, and s38 governs the 'manner of giving evidence'. In a jury trial context, rules of evidence and their manner of presentation are shaped significantly by the jury's presence. Section 14 appears in Part II (Constitution and Jurisdiction) while s38 appears in Part V (General Matters of Procedure), with no apparent cross-reference clarifying whether the manner of giving evidence differs between jury and non-jury trials. This creates potential ambiguity about which procedural regime governs evidence in judge-alone trials — though this tension may be resolved by Rules of Court under s28."},{"severity":"medium","section_a":"7","section_b":"7AA","confidence":0.6,"description":"Section 7 sets out the general framework for the appointment and tenure of Judges, while s7AA specifically governs appointments made between 1 July 1990 and 30 June 1992. If s7AA modifies or overrides aspects of s7 for that appointment window (e.g. different tenure conditions), there is a potential conflict between the general regime in s7 and the special regime in s7AA. Without the full text it cannot be confirmed, but the existence of a temporally-scoped override provision alongside a general provision is a common source of interpretive contradiction — particularly regarding which section governs the ongoing tenure of judges appointed in that window after 30 June 1992."}]},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 1933 Act was a straightforward constitutional instrument establishing the ACT Supreme Court with basic jurisdiction and a small staff. Over time, significant additions have expanded its scope considerably: the Master's role was formalised with a comprehensive employment framework (Part III, ss30–33F); the Registrar gained jurisdiction over company winding-up proceedings (s35A); provisions for acting appointments, judicial salaries, reserved judgments, and interest on judgments were added; and the jurisdiction framework was elaborated with multiple new sections covering the Master's and Registrar's exercise of jurisdiction (ss8AAA, 8AAB). The layered alpha-numeric section numbering is a clear fingerprint of this incremental expansion well beyond the original foundational purpose."},"complexity_factors":["Multiple distinct structural roles defined across separate Parts (Judges, Master, Registrar, Sheriff), each with their own appointment, tenure, and removal rules","Blending of common law and equity jurisdiction requires understanding of two distinct legal traditions","Numerous alpha-numeric section numbering (e.g. 7AA, 8AAA, 8AAB, 8AA, 8AB, 8AC, 8AD) indicating extensive amendment layering over decades since 1933","Cross-referencing between sections on jurisdiction — e.g. Master's powers, Registrar's powers, and the full Court's powers overlap and interact","Transitional provisions such as s7AA covering a specific appointment window (1 July 1990–30 June 1992), indicating legislative patches over time","Procedural provisions in Part V interact with Rules of Court (s28) and regulations (s29), meaning the Act alone does not give the full picture","Missing Part VI in the table of contents suggests sections have been repealed over time, adding historical complexity","Equity provisions (ss17–25) involve nuanced legal doctrines (injunctions, mandamus, counterclaims, receivers) that require specialist knowledge"],"plain_english_summary":"## Australian Capital Territory Supreme Court Act 1933\n\nThis legislation **establishes and governs the Supreme Court of the Australian Capital Territory (ACT)** — the highest court in the Territory. Think of it as the founding rulebook for how the ACT's top court is set up, staffed, and run.\n\n### Who does it affect?\n- **Everyone in the ACT** who might ever interact with the justice system — as a litigant (someone taking or defending a legal action), witness, or legal professional\n- **Judges, the Master, and court officers** (like the Registrar and Sheriff) whose roles and powers are defined here\n- **Lawyers** (barristers and solicitors) who appear before the Court\n\n### What does it actually do?\n\n**Setting up the Court (Part II)**\n- Formally **creates the Supreme Court** of the ACT and gives it its legal authority (called \"jurisdiction\") to hear cases\n- Sets out how **Judges are appointed**, how long they serve, what oath (formal promise) they take, and what they get paid\n- Allows a **Chief Justice** (the head judge) to have an acting replacement when needed\n- Specifies that the Court can sit with a single judge, or in some matters with three or more judges together\n- Gives the Court power to handle both **common law** (judge-made law developed over centuries) and **equity** (a body of law focused on fairness) — and crucially, where the two conflict, equity wins\n- Allows the Court to issue powerful legal remedies like **injunctions** (court orders stopping someone from doing something) and **mandamus** (orders compelling a public official to do their job)\n\n**The Master (Part III)**\n- Creates the role of the **Master** — a senior court official (below a Judge) who can handle certain court matters, such as procedural steps in cases\n- Sets out how the Master is appointed, paid, and can be removed\n\n**Court Officers (Part IV)**\n- Establishes the **Registrar** (who manages court administration and records), the **Sheriff** (who enforces court orders and manages court security), and other officers\n- The Registrar can handle certain proceedings, including matters relating to the winding-up (closing down) of companies\n\n**Procedure (Part V)**\n- Sets basic rules for how cases are run — including how evidence is given, how witnesses can be examined remotely, how legal defects in paperwork can be fixed, and where cases can be heard\n\n**Miscellaneous (Part VII)**\n- Deals with serious criminal matters (**indictable offences** — crimes serious enough to go to trial, like murder or fraud)\n- Sets rules for **interest on judgments** (extra money added to a debt owed under a court order)\n- Covers powers of receivers and managers (people appointed by the court to manage someone's assets or a business)\n\n### Why does it matter?\nWithout this Act, the ACT would have no properly constituted supreme court. It is the legal bedrock that makes the ACT's justice system function at its highest level."}},"importantCases":[],"_links":{"self":"/api/acts/australian-capital-territory-supreme-court-act-1933","history":"/api/acts/australian-capital-territory-supreme-court-act-1933/history","analysis":"/api/acts/australian-capital-territory-supreme-court-act-1933/analysis","conflicts":"/api/acts/australian-capital-territory-supreme-court-act-1933/conflicts","importantCases":"/api/acts/australian-capital-territory-supreme-court-act-1933/important-cases","documents":"/api/acts/australian-capital-territory-supreme-court-act-1933/documents"}}