{"id":"tas:act-1856-023","name":"Supreme Court Act 1856","slug":"supreme-court-act-1856","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"23 of 1856","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110977,"registerId":"tas-act-1856-023-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> *\\[Section 1 Substituted by 26 Geo. V No. 16, s. 5 \\]*This Act may be cited as the [Supreme Court Act 1856](/view/html/inforce/2026-04-12/act-1856-023) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Judge may be sued in Supreme Court","content":"### 2 Judge may be sued in Supreme Court\n\n> *\\[Section 2 Amended by 26 Geo. V No. 16, s. 5 \\]*Any judge of the Supreme Court may sue and be sued in the said Court, either at law or in equity in like manner as the judges of the Superior Courts at Westminster may sue and be sued in such Courts; and every action or suit in the said Court by or against any such judge shall be heard and determined by and before the other judge or judges of the said Court; and such other judge or judges shall, in respect of such action or suit and for the purpose of hearing and determining the same and effectuating the judgment or decree therein, be deemed to constitute the Supreme Court and have all the powers and jurisdiction of such Court.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Precedence of puisne judge","content":"### 3 Precedence of puisne judge\n\n> The puisne judge or judges of the said Court shall have and take rank and precedence next to the Chief Justice of the said Court.","sortOrder":2},{"sectionNumber":"4.","sectionType":"section","heading":null,"content":"### 4.\n\n*\\[Section 4 Repealed by 37 Vict. No. 6, s. 83 \\]*","sortOrder":3},{"sectionNumber":"5.","sectionType":"section","heading":null,"content":"### 5.\n\n*\\[Section 5 Repealed by 37 Vict. No. 6, s. 83 \\]*","sortOrder":4},{"sectionNumber":"6.","sectionType":"section","heading":null,"content":"### 6.\n\n*\\[Section 6 Repealed by 26 Geo. V No. 16, s. 5 \\]*","sortOrder":5},{"sectionNumber":"7.","sectionType":"section","heading":null,"content":"### 7.\n\n*\\[Section 7 Repealed by 26 Geo. V No. 16, s. 5 \\]*","sortOrder":6},{"sectionNumber":"8.","sectionType":"section","heading":null,"content":"### 8.\n\n*\\[Section 8 Repealed by 26 Geo. V No. 16, s. 5 \\]*","sortOrder":7}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":true,"description":"The original 1856 Act likely established the entire Supreme Court structure, jurisdiction, and procedures. Through successive repeals (notably in 1874 and 1935), it has been stripped back to just two narrow procedural provisions. The modern Supreme Court's powers and structure are now governed by contemporary legislation (such as the Supreme Court Act 1935 in Western Australia or equivalent modern statutes in other jurisdictions), making this historical Act a legal relic with minimal remaining function."},"complexity_factors":["Only 2 substantive sections remain in force (Sections 1-3, with 1 being purely the title)","No defined terms section","Minimal cross-referencing (only historical amendment notes)","Straightforward conditional logic: 'if a judge is party to a case, other judges hear it'","Archaic language ('puisne', 'at Westminster', 'effectuating') but conceptually simple","Extensive repeals have stripped away complexity that originally existed"],"plain_english_summary":"**What this law does:**\n\nThis is one of Australia's oldest pieces of legislation still in force, originally passed in 1856. It deals with two specific, narrow matters concerning the Supreme Court (the highest court in a state or territory):\n\n* **Judges can sue and be sued in their own court** — Section 2 establishes that Supreme Court judges have the same legal standing as judges of the English Superior Courts at Westminster. This means they can bring lawsuits or be sued in the very court they preside over. Importantly, if a case involves a judge, the other judges (not the judge themselves) must hear and decide it.\n\n* **Ranking of judges** — Section 3 establishes that \"puisne judges\" (pronounced \"puny\" — this is an old French term meaning junior or associate judges, as opposed to the Chief Justice) rank immediately below the Chief Justice in order of seniority.\n\n**Why it matters:**\n\nThis Act solved a practical problem: judges are citizens too and sometimes need to go to court. But you can't have a judge hearing their own case. The law ensures fairness by requiring other judges to handle litigation involving a judicial colleague. The ranking provision maintains clear hierarchy for ceremonial and administrative purposes.\n\nMost of the original Act has been repealed over 170 years, leaving only these two operational sections."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"Yes. Section 2 (as amended) and section 3 remain operative, but several original provisions have been repealed (sections 4–8), and the short title and section 2 show later amendment notes. The surviving scope is therefore narrower and procedural: it preserves the judge‑sue/be‑sued rule and precedence while removed provisions are no longer part of the Act, so the statute must be read with its amending/repealing instruments to understand its current reach."},"complexity_factors":["Very narrow subject-matter: limited to judicial capacity to sue/be sued and judicial precedence (sections 1–3).","Clear procedural rule: actions by/against a judge must be heard by the other judge(s), who exercise full Court powers (section 2).","Dependence on external reference: compares procedure to \"Superior Courts at Westminster,\" creating an interpretive link to external practice (section 2).","Multiple repeals and later amendments mean the text must be read alongside amending instruments to understand historical scope (sections 1 note; sections 4–8 repealed).","Minimal regulatory or administrative detail reduces compliance burden but increases reliance on judicial practice for implementation."],"plain_english_summary":"This short Act makes two practical rules: it permits a Supreme Court judge to sue and be sued in the Supreme Court, and it requires that any such case be heard by the other judge or judges of the Court. It also fixes the rank of puisne judges immediately after the Chief Justice and notes that several earlier sections have been repealed. It affects judges, litigants and court administration by clarifying who decides internal judicial disputes and how judicial precedence is determined."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1856 Act was enacted to establish the Supreme Court in the colonial context of Van Diemen's Land/Tasmania. Over 170 years of amendments, its scope has almost certainly evolved to reflect modern court procedures, expanded jurisdictions, and contemporary legal standards — moving well beyond its original colonial foundation."},"complexity_factors":["The Act is very old (1856), meaning it uses archaic legal drafting language that can be difficult for modern readers to interpret","It has been amended multiple times over 170+ years, requiring cross-referencing with amending instruments to understand the current state of the law","Constitutional and jurisdictional concepts (the scope of court powers) can be technically complex","The provided text is metadata and status information only — the actual operative provisions of the Act are not included, limiting full analysis","Historical colonial legislative context may add interpretive complexity for modern application"],"plain_english_summary":"The Supreme Court Act 1856 establishes the legal foundation, powers and jurisdiction of Tasmania’s highest court, governing how serious civil and criminal matters are heard and decided. It affects litigants, lawyers, judges, court staff and businesses involved in major disputes. Amended over time and still in force, the Act provides the essential authority and rules underpinning the Supreme Court’s operation."}},"importantCases":[],"_links":{"self":"/api/acts/supreme-court-act-1856","history":"/api/acts/supreme-court-act-1856/history","analysis":"/api/acts/supreme-court-act-1856/analysis","conflicts":"/api/acts/supreme-court-act-1856/conflicts","importantCases":"/api/acts/supreme-court-act-1856/important-cases","documents":"/api/acts/supreme-court-act-1856/documents"}}