{"id":"supreme-court-act-1979","name":"Supreme Court Act 1979","slug":"supreme-court-act-1979","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30635,"registerId":"nt-supreme-court-act-1979-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Supreme Court Act 1979","content":"NORTHERN TERRITORY OF AUSTRALIA\nSUPREME COURT ACT 1979\nAs in force at 15 March 2024\nTable of provisions\nPart I Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Proceedings in, and appeals to, former Supreme Court .................. 1\n4 Judgments and Rules of former Supreme Court ............................. 2\n5 Records of former Supreme Court................................................... 2\n6 References to former Supreme Court, &c........................................ 2\n7 Judges of former Supreme Court .................................................... 3\n8 Officers of former Supreme Court.................................................... 3\n9 Interpretation ................................................................................... 4\n9A Abolition of distinction between court and chambers ....................... 6\nPart II Constitution and jurisdiction of the Court\nDivision 1 Constitution\n10 Establishment .................................................................................. 7\n11 Constitution...................................................................................... 7\n11A Changes in constitution of Court during proceedings ...................... 7\n12 Superior court of record ................................................................... 8\n13 Principal seat, &c. ............................................................................ 8\nDivision 2 Jurisdiction\n14 Jurisdiction....................................................................................... 8\n15 Exercise of jurisdiction ..................................................................... 9\n16 Transfer of proceedings to Local Court or Civil and\nAdministrative Tribunal .................................................................... 9\n16A Transfer of proceedings from Civil and Administrative Tribunal..... 10\n17 Open Court .................................................................................... 10\n18 Declaration of right ........................................................................ 10\n19 Determination of matter completely and finally .............................. 10\n20 Orders and writs ............................................................................ 10\nDivision 3 Full Court\n21 Full Court ....................................................................................... 11\n22 Exercise of jurisdiction relating to lawyers ..................................... 11\n23 Majority judgments ........................................................................ 13\n24 Reserved judgments...................................................................... 13\n\nSupreme Court Act 1979 ii\nDivision 4 Exercise of jurisdiction and referees\n25 Jurisdiction by Associate Judge, etc. ............................................. 13\n26 Reference for report ...................................................................... 14\n27 Reference for trial .......................................................................... 14\n28 Powers........................................................................................... 14\n29 Powers of Associate ...................................................................... 15\n30 Effect of judgment.......................................................................... 15\nDivision 5 Judges\n32 Appointment of Judges .................................................................. 15\n33 Seniority......................................................................................... 16\n34 Chief Justice .................................................................................. 17\n35 Acting Chief Justice ....................................................................... 17\n36 Offices of profit .............................................................................. 17\n37 Oath of office ................................................................................. 17\n38 Retirement ..................................................................................... 18\n39 Resignation.................................................................................... 18\n40 Removal from office ....................................................................... 18\n41 Remuneration ................................................................................ 18\nDivision 5AA Long service leave entitlements of Judges\n41AA Application of Division ................................................................... 19\n41AB Meaning of ordinary remuneration ................................................. 19\n41AC Entitlement to long service leave ................................................... 19\n41AD Grants of long service leave .......................................................... 20\n41AE Payment in lieu .............................................................................. 21\nDivision 5A Associate Judges\n41A Appointment of Associate Judges ................................................. 22\n41B Office of profit ................................................................................ 22\n41C Remuneration ................................................................................ 22\n41D Retirement ..................................................................................... 22\n41E Resignation.................................................................................... 22\n41F Removal of Associate Judge from office ....................................... 23\n41G Rights of public servants ............................................................... 23\n41H Authorisation to act in office of Associate Judge ........................... 23\n41J Oath of office ................................................................................. 24\n41K Powers of Associate Judge ........................................................... 24\nDivision 6 Registries, Seals and officers\n42 Registry ......................................................................................... 24\n43 Seal ............................................................................................... 24\n44 Stamps .......................................................................................... 25\n45 Judicial notice of Seal .................................................................... 25\n\nSupreme Court Act 1979 iii\n48 Appointment of Registrars ............................................................. 25\n49 Powers of Registrars ..................................................................... 25\n49A Independence of Associate Judges and Registrars....................... 26\n50 Other officers ................................................................................. 26\nPart III Court of Appeal\n50A Application ..................................................................................... 26\n51 Right of appeal .............................................................................. 26\n52 Exercise of appellate jurisdiction ................................................... 26\n53 Appeal from interlocutory judgment ............................................... 27\n54 Evidence on appeal ....................................................................... 27\n55 Form of judgment on appeal .......................................................... 28\n56 New trial......................................................................................... 29\n57 Stay of proceedings ....................................................................... 29\n58 Senior Judge presides ................................................................... 29\n59 Majority judgments ........................................................................ 30\n60 Reserved judgments...................................................................... 30\nPart IV Concurrent administration of law and\nequity\n61 Law and equity .............................................................................. 30\n62 Equities of plaintiff ......................................................................... 30\n63 Equities of defendant ..................................................................... 31\n64 Counter claims and third parties .................................................... 31\n65 Equities appearing incidentally ...................................................... 31\n66 Defence or stay instead of injunction or prohibition ....................... 32\n67 Common law and statutory rights .................................................. 32\n68 Rules of equity to prevail ............................................................... 32\n69 Injunctions and receivers ............................................................... 33\nPart V Practice and procedure\n70 Court may issue or transmit court documents electronically .......... 33\n71 Rules of Court................................................................................ 34\n72 Directions by Chief Justice ............................................................ 34\n73 Evidence ........................................................................................ 34\n74 Affidavits ........................................................................................ 34\n75 Appearance ................................................................................... 34\n77 Non-appearance or absence of some defendants ......................... 35\n80 Amendment of defect in proceedings ............................................ 35\n81 Formal defects ............................................................................... 35\n82 Further hearings at another place.................................................. 35\n83 Change of venue ........................................................................... 35\n83A Mediation ....................................................................................... 36\n84 Interest up to judgment .................................................................. 37\n85 Interest on judgments .................................................................... 38\n\nSupreme Court Act 1979 iv\n85A Access to records of Court ............................................................ 38\n86 Rules of Court................................................................................ 38\n87 Regulations.................................................................................... 39\nPart VI Transitional matters\n88 Transitional matters for Supreme Court Amendment Act 2013 ..... 39\n89 Transitional matters for Justice Legislation Amendment (Small\nClaims and Other Matters) Act 2016 ............................................. 39\n90 Transitional matters for Supreme Court Amendment\n(Associate Judges) Act 2017 ......................................................... 39\n91 Transitional matters for Justice Legislation Amendment\nAct 2019 ........................................................................................ 40\nSchedule 1\nSchedule 2\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 15 March 2024\n____________________\nSUPREME COURT ACT 1979\nAn Act to create the Supreme Court of the Northern Territory of Australia\nin place of the Supreme Court previously established by the Northern\nTerritory Supreme Court Act 1961 of the Commonwealth\nPart I Preliminary\n1 Short title\nThis Act may be cited as the Supreme Court Act 1979.\n2 Commencement\nThe several Parts of this Act shall come into operation on such\ndates as are fixed by the Administrator by notice in the Gazette.\n3 Proceedings in, and appeals to, former Supreme Court\nSubject to the Rules and to any directions given by a Judge with\nrespect to matters of practice and procedure:\n(a) all proceedings in the former Supreme Court, whether civil or\ncriminal (including proceedings by way of appeal) that were\npending or incomplete at the commencement of this Act may\nbe continued and completed in the Court as if they had been\ninstituted in the Court; and\n(b) where, in relation to a judgment of a court, authority, board,\ntribunal, person or other body given or pronounced before the\ncommencement of this Act, an appeal lay, at the\ncommencement of this Act, to the former Supreme Court\n(whether or not subject to conditions as to leave to appeal or\nother conditions), a like appeal, subject to the like conditions, if\nany, lies to the Court, and for that purpose the Court may\nexercise any power or jurisdiction that belonged to the former\nSupreme Court.\n\nPart I Preliminary\nSupreme Court Act 1979 2\n4 Judgments and Rules of former Supreme Court\n(1) The judgments of the former Supreme Court subsisting at the\ncommencement of this Act continue in force, and this Act and all\nother laws in force in the Territory apply in relation to them, as if\nthey were judgments of the Court.\n(2) The Rules of Court that were in force under the repealed Act,\nincluding rules that were continued in force by that Act, immediately\nbefore the commencement of this Act continue in force, mutatis\nmutandis, and subject to any directions of the Court in a particular\ncase, as if made under this Act, but may be amended or repealed\nby Rules of Court made under this Act.\n5 Records of former Supreme Court\nThe records of the former Supreme Court, and all records of the\nsuperior court of record of the Territory that were kept under a law\nat any time in force in the Territory and that, immediately before the\ncommencement of this Act, were in the custody or control of the\nformer Supreme Court or of an officer of that Court, shall be\nincorporated with, and shall be deemed to form part of, the records\nof the Court.\n6 References to former Supreme Court, &c.\n(1) A reference, in a law that was in force in the Territory before the\ncommencement of this Act, to the former Supreme Court, or to the\nChief Judge, the senior Judge, a Judge or an officer of the former\nSupreme Court, shall be read as, or as including, a reference to the\nCourt, or to the Chief Justice, the senior Judge, a Judge or an\nofficer of the Court, as the case may be.\n(2) A reference, in a law that was in force in the Territory before the\ncommencement of this Act, to the repealed Act or to the Supreme\nCourt Ordinance 1911, or that Ordinance as amended, shall be\nread as including a reference to this Act.\n(3) A reference, in a law that was in force in the Territory before the\ncommencement of this Act, to rules of the Supreme Court, or to\nrules made under a provision of:\n(a) the repealed Act; or\n(b) the Supreme Court Ordinance 1911, or that Ordinance as\namended,\nshall be read as including a reference to the Rules of Court made\nunder this Act.\n\nPart I Preliminary\nSupreme Court Act 1979 3\n7 Judges of former Supreme Court\n(1) Upon the commencement of this Act, the person who, immediately\nbefore the commencement of this Act, held office as the Chief\nJudge of the former Supreme Court:\n(a) holds office as a Judge of the Court as though he had been\nappointed under this Act to be a Judge of the Court;\n(b) is the senior Judge of the Court; and\n(c) shall not be required to take an oath or affirmation before his\nappointment as Chief Justice, but shall be required to take an\noath or affirmation upon his appointment as Chief Justice.\n(2) Upon the commencement of this Act, each person who,\nimmediately before the commencement of this Act, held office as a\nJudge of the former Supreme Court, but was not the Chief Judge or\nan additional Judge of the former Supreme Court:\n(a) holds office as a Judge of the Court as though he had been\nappointed under this Act to be a Judge of the Court;\n(b) has the seniority, as between himself and the other Judges\nwho hold office by virtue of this subsection, that he had\nimmediately before the commencement of this Act; and\n(c) shall, before proceeding to discharge the duties of his office\nunder this Act, take before the Administrator, or before a\nperson appointed by the Attorney-General in that behalf, an\noath or affirmation in accordance with one of the forms in the\nSchedule.\n8 Officers of former Supreme Court\n(1) A person who was, or was acting as, an officer of the former\nSupreme Court immediately before the commencement of this Act\ncontinues in the equivalent office or to act, as the case may be,\nafter the commencement of this Act as if he were appointed, or\nappointed to act, under, or after the commencement of, this Act.\n(2) A person who continues in an office by virtue of subsection (1) shall\nnot be required to take an oath upon the commencement of this\nAct.\n\nPart I Preliminary\nSupreme Court Act 1979 4\n9 Interpretation\n(1) In this Act, unless the contrary intention appears:\nacting Judge means a person appointed under this Act to act as a\nJudge.\nadditional Judge means a person appointed under this Act to be\nan additional Judge.\nAssociate Judge means an Associate Judge of the Court, and\nincludes a person authorised to act in the office of Associate Judge.\nChief Justice means the Chief Justice of the Court, and includes a\nJudge for the time being performing the duties and exercising the\npowers of the Chief Justice.\nCourt or Supreme Court means the Supreme Court of the\nNorthern Territory of Australia established by this Act.\nCourt of Appeal means the Court of Appeal of the Northern\nTerritory of Australia within the meaning of section 51(2).\ndefendant includes a person against whom relief is sought in a\nproceeding or who is required to attend as a party to a proceeding.\nformer Supreme Court means the Supreme Court of the Northern\nTerritory of Australia as established by law immediately before the\ncommencement of this Act.\nFull Court means the Court, not being the Court of Appeal,\nconstituted by not less than 3 Judges.\nJudge means a Judge of the Court, and includes a person who is:\n(a) the Chief Justice;\n(b) an additional Judge; or\n(c) an acting Judge.\njudgment includes a decree, order, declaration, determination,\nfinding (including a finding of guilt), conviction or sentence, and a\nrefusal to make a decree, order, declaration, determination or\nfinding, whether final or otherwise.\nJudicature Act means The Supreme Court of Judicature Act, 1873\nof the United Kingdom.\nplaintiff includes a person seeking relief against another person by\nany form of proceeding in the Court.\n\nPart I Preliminary\nSupreme Court Act 1979 5\npractice and procedure includes matters relating to costs, the\nmethod of pleading, the attendance of witnesses, the custody or\nbail of accused, persons found guilty of an offence or convicted\npersons and the enforcement and execution of judgments.\nproceeding means a proceeding in the Court whether between\nparties or not, and includes:\n(a) a cause, action, suit or matter;\n(b) an incidental proceeding in the course of, or in connection\nwith, a cause, action, suit or matter;\n(c) a criminal proceeding, where the context so permits; and\n(d) an appeal.\nRegistrar means a Registrar or an acting Registrar appointed\nunder this Act.\nrepealed Act means the Northern Territory Supreme Court\nAct 1961 of the Commonwealth, or that Act as amended at any\ntime.\nRules means the Rules of Court made under this Act or ratified,\nvalidated and approved under the Supreme Court (Rules of\nProcedure) Act 1987.\nSeal means the Seal of the Court.\nSheriff means the Sheriff of the Territory.\nNote for subsection (1)\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n(2) In this or any other Act or an instrument of a legislative or\nadministrative character, a reference to:\n(a) a rule or decree of the Court shall be taken to be a reference\nto an order of the Court; or\n(b) a writ of prohibition, mandamus or certiorari by which the\nCourt had before the commencement of Parts II and IV of the\nSupreme Court (Rules of Procedure) Act 1987 jurisdiction to\ngrant relief or a remedy shall be taken to be a reference to the\njudgment by which the Court may, after that commencement,\ngrant that relief or remedy under this Act and the Rules.\n\nPart I Preliminary\nSupreme Court Act 1979 6\n9A Abolition of distinction between court and chambers\n(1) The distinction between court and chambers is abolished.\n(2) Nothing in subsection (1) alters the practice and procedure of the\nCourt with respect to business that can be conducted otherwise\nthan in open court.\n(3) The business of the Court, whether conducted in court or otherwise,\nshall be taken to be conducted in court.\n(4) Where by or under this or any other Act in force immediately before\nthe commencement of Parts II and IV of the Supreme Court (Rules\nof Procedure) Act 1987 a jurisdiction, power or authority is vested in\na Judge:\n(a) the jurisdiction, power or authority may be exercised in\naccordance with this Act and the Rules by the Court in all\nrespects as that Judge might have done; and\n(b) the Court constituted in accordance with this Act and the\nRules has jurisdiction, power and authority co-ordinate with\nthe jurisdiction, power and authority of the Judge.\n(5) Where by or under this or any other Act in force immediately before\nthe commencement of Parts II and IV of the Supreme Court (Rules\nof Procedure) Act 1987 a jurisdiction, power or authority is vested in\nthe Court or in a Judge by the use of the words the Court, the\nCourt or a Judge or a Judge of the Supreme Court, or by words\nreferring to the Court or to a Judge, that jurisdiction, power or\nauthority may be exercised by the Court in accordance with this Act\nand the Rules.\n(6) Subsection (5) has effect notwithstanding that the Act vesting\njurisdiction, power or authority in the Court or in a Judge designates\nthe Court or Judge as the court, judge, arbitrator or person\nappointed to hear and determine a matter and notwithstanding that\nthe determination is expressed to be final or without appeal, but\nwhere the determination is expressed to be final or without appeal\nan appeal does not lie from a determination of the Court.\n\nPart II Constitution and jurisdiction of the Court\nDivision 1 Constitution\nSupreme Court Act 1979 7\nPart II Constitution and jurisdiction of the Court\nDivision 1 Constitution\n10 Establishment\nThere shall be a Court which, subject to section 51(2), shall be\nknown as the Supreme Court of the Northern Territory of Australia.\n11 Constitution\n(1) The Court consists of the Judges and the Associate Judges.\n(2) The Court shall be constituted by a Judge or Judges or, in a case\nwhere an Act or the Rules provide that it may be constituted by an\nAssociate Judge, by an Associate Judge, sitting and exercising the\njurisdiction of the Court.\n11A Changes in constitution of Court during proceedings\n(1) If, in a criminal proceeding, the defendant pleads guilty and the\nproceeding is adjourned before the making of sentencing\nsubmissions commences, after that adjournment:\n(a) the Court need not be constituted by the same person or\npersons as when the plea was entered; but\n(b) the Court must then be constituted by the same person or\npersons until the proceedings are determined.\n(2) Further, if at any stage of a proceeding the person or one of the\npersons who constitutes the Court is unable to continue, the Court\nconstituted by a different person or persons may continue to deal\nwith the proceeding.\n(3) The question whether a person is unable to continue is decided by\nthe Chief Justice and the Chief Justice's decision is not liable to be\nchallenged on any ground.\n(4) This section does not limit the circumstances in which the Court\nmay or may not be reconstituted during a proceeding.\n(5) In this section, a person is unable to continue if the person:\n(a) dies; or\n(b) vacates office; or\n\nPart II Constitution and jurisdiction of the Court\nDivision 2 Jurisdiction\nSupreme Court Act 1979 8\n(c) is, by reason of illness, injury or other cause, unable to\ncontinue dealing with the proceeding without unreasonable\ndelay.\n12 Superior court of record\nThe Court shall be the superior court of record of the Territory.\n13 Principal seat, &c.\n(1) The principal seat of the Court shall be at Darwin.\n(2) The Court shall have power to sit and act at any time and at any\nplace the Chief Justice directs, for the transaction of any part of the\nbusiness of the Court, or for the discharge of any duty which by any\nlaw in force in the Territory is required to be discharged.\nDivision 2 Jurisdiction\n14 Jurisdiction\n(1) In addition to the jurisdiction conferred on it elsewhere by this Act,\nthe Court:\n(a) has jurisdiction:\n(i) in a proceeding between the Commonwealth, or a\nperson suing or being sued on behalf of the\nCommonwealth, and the Territory, or a person suing or\nbeing sued on behalf of the Territory;\n(ii) in a proceeding between the Territory, or a person suing\nor being sued on behalf of the Territory, and any other\nperson, or a person suing or being sued on behalf of that\nother person; and\n(iii) in a proceeding between the Commonwealth, or a\nperson suing or being sued on behalf of the\nCommonwealth, and any other person, or a person\nsuing or being sued on behalf of that other person;\n(b) has, subject to this Act and to any other law in force in the\nTerritory, in relation to the Territory, the same original\njurisdiction, both civil and criminal, as the Supreme Court of\nSouth Australia had in relation to the State of South Australia\nimmediately before 1 January 1911;\n(c) has such jurisdiction, whether civil or criminal, as was,\nimmediately before the commencement of this Act, vested in\nor conferred on the former Supreme Court or is from time to\n\nPart II Constitution and jurisdiction of the Court\nDivision 2 Jurisdiction\nSupreme Court Act 1979 9\ntime vested in or conferred on the Court by any law in force in\nthe Territory (including a law passed or made before the\ncommencement of this Act, as affected by section 6);\n(d) has jurisdiction in a proceeding in which a writ of mandamus\nor prohibition or an injunction or other relief is sought against\nan officer of the Commonwealth or of the Territory, being a\nproceeding arising in, or under a law in force in, the Territory;\nand\n(e) has jurisdiction, with such exceptions and subject to such\nconditions as are provided by a law in force in the Territory, to\nhear and determine appeals from all judgments of inferior\ncourts in the Territory given or pronounced after the\ncommencement of this Act.\n(2) The jurisdiction of the Court referred to in subsection (1) is in\naddition to the jurisdiction that the Court has under any Imperial\nAct.\n15 Exercise of jurisdiction\nThe jurisdiction of the Court, other than its appellate jurisdiction, is\nexercisable:\n(a) by the Full Court;\n(b) where it is not expressly provided that the jurisdiction of the\nCourt shall be exercised by the Full Court, by one Judge;\n(d) as provided by Division 4, by an Associate Judge or a referee.\n16 Transfer of proceedings to Local Court or Civil and\nAdministrative Tribunal\n(1) A party to a civil proceeding may apply to the Court for the\nproceeding to be transferred to the Local Court or Civil and\nAdministrative Tribunal if the matters for determination in the\nproceeding are within the jurisdiction of the Local Court or Tribunal\nat the time the application is made.\n(2) On an application under subsection (1), the Court may, if it\nconsiders it proper to do so in all the circumstances of the case,\norder that the proceeding be transferred to the Local Court or\nTribunal, and may make such other orders as it thinks fit.\n(3) Subject to any order of the Court, a transferred proceeding shall be\ncontinued in the Local Court or Tribunal as if it had been originally\ncommenced in the Local Court or Tribunal.\n\nPart II Constitution and jurisdiction of the Court\nDivision 2 Jurisdiction\nSupreme Court Act 1979 10\n16A Transfer of proceedings from Civil and Administrative Tribunal\nIf the Civil and Administrative Tribunal makes a transfer order under\nsection 99A of the Northern Territory Civil and Administrative\nTribunal Act 2014 to transfer a matter to the Court, the Act under\nwhich the jurisdiction is conferred on the Tribunal applies:\n(a) as if references in it to the Tribunal were references to the\nCourt; and\n(b) with any other necessary changes.\n17 Open Court\nThe Court may order the exclusion of the public or of persons\nspecified by the Court from a sitting or a part of a sitting of the\nCourt.\n18 Declaration of right\n(1) The Court may, in relation to any matter in which it has jurisdiction,\nmake binding declarations of right, whether or not any\nconsequential relief is or could be claimed.\n(2) A proceeding is not open to objection on the ground that a\ndeclaratory order only is sought.\n19 Determination of matter completely and finally\nThe Court shall, in every proceeding before it, grant, either\nabsolutely or on such terms and conditions as it thinks just, all\nremedies to which any of the parties appears to be entitled in\nrespect of a legal or equitable claim properly brought forward by\nhim in the proceeding, so that, as far as possible, all matters in\ncontroversy between the parties may be completely and finally\ndetermined and all multiplicity of proceedings concerning any of\nthose matters avoided.\n20 Orders and writs\nThe Court has power, in relation to matters in which it has\njurisdiction, to make orders, including interlocutory orders, in such\nterms as it thinks fit and to issue, or direct the issue of, writs in such\nterms as it thinks fit.\n\nPart II Constitution and jurisdiction of the Court\nDivision 3 Full Court\nSupreme Court Act 1979 11\nDivision 3 Full Court\n21 Full Court\n(1) The Judge hearing a proceeding, not being a proceeding in the\nCourt of Appeal in which the jurisdiction of the Court is exercisable\nby one Judge, or, if the hearing of such a proceeding has not\ncommenced, any Judge, may refer that proceeding or part of that\nproceeding to the Full Court.\n(2) The Full Court may:\n(a) accept;\n(b) decline to accept; or\n(c) accept in part only,\na reference made under subsection (1) and, in any event, may\nmake such orders and give such directions as it thinks proper in\nrelation to, and to the procedure to be followed in, the further\nconduct of the proceedings or part, as the case may be, including,\nin a case where evidence was received before the reference,\norders and directions in relation to the use, if any, to be made of\nthat evidence.\n22 Exercise of jurisdiction relating to lawyers\n(1) If the Rules so provide, the Full Court must exercise:\n(a) the jurisdiction of the Court to hear and determine a\nproceeding under the Legal Profession Act 2006; and\n(b) the inherent jurisdiction of the Court to hear and determine a\nproceeding relating to the discipline of a lawyer.\n(2) If the proceeding involves a disputed question of fact, the Full Court\nmay refer the question to a single Judge (who may be a member of\nthe Full Court making the reference) to hear evidence and report\nhis or her findings to the Full Court.\n(3) If the Full Court refers a question to a single Judge, the Full Court\nmust review the evidence taken before the Judge and may exercise\nany one or more of the following powers:\n(a) it may adopt the Judge's findings on the evidence with or\nwithout modification;\n(b) it may set aside the Judge's findings on the evidence and\nmake its own findings;\n\nPart II Constitution and jurisdiction of the Court\nDivision 3 Full Court\nSupreme Court Act 1979 12\n(c) it may refer a question back to the Judge with a direction to\nhear further evidence.\n(4) If an appeal from the Legal Practitioners Disciplinary Tribunal is\nheard by the Full Court:\n(a) the appeal is to be by way of rehearing; and\n(b) the Full Court has power:\n(i) to draw its own inferences from evidence taken before\nthe Tribunal; and\n(ii) to refer a question back to the Tribunal with a direction to\ntake further evidence, to reconsider the Tribunal's\nfindings in the light of the further evidence and to report\nback to the Full Court; and\n(iii) to receive further evidence in a manner the Full Court\ndirects.\n(5) Although the Rules provide for jurisdiction in matters of a particular\nclass to be exercised by the Full Court:\n(a) the Full Court may, if it thinks a particular matter would be\nmore appropriately dealt with by a single Judge, refer the\nmatter for hearing and determination by a single Judge; and\n(b) a single Judge may exercise the Court's jurisdiction:\n(i) in any matter of practice or procedure; or\n(ii) to grant interlocutory relief necessary or desirable in the\ninterest of justice; or\n(iii) to deal with any other incidental matter.\n(6) If the Full Court refers a particular matter for hearing and\ndetermination by a single Judge under subsection (5)(a), an appeal\nlies against the judgment of the single Judge to the Full Court.\n(7) This section does not affect powers the Full Court has apart from\nthis section in relation to evidence.\n\nPart II Constitution and jurisdiction of the Court\nDivision 4 Exercise of jurisdiction and referees\nSupreme Court Act 1979 13\n23 Majority judgments\nIf 3 or more Judges sitting together to constitute the Full Court are\ndivided in opinion as to the decision to be given on any question,\nthe question shall be decided:\n(a) if the Judges are not equally divided, according to the opinion\nof the majority; or\n(b) if the Judges are equally divided, according to the opinion of\nthe senior of those Judges.\n24 Reserved judgments\nWhen any proceeding, after being fully heard before the Full Court,\nis ordered to stand for judgment, it shall not be necessary that all\nthe Judges before whom it was heard shall be present together in\nCourt to declare their opinions thereon, but:\n(a) the opinion of any of them may be reduced to writing and may\nbe read or published by any other Judge at any subsequent\nsitting of the Full Court at which judgment in the proceeding is\nappointed to be delivered; and\n(b) in any such case the question shall be decided in the same\nmanner, and the judgment of the Full Court shall have the\nsame force and effect, as if the Judge whose opinion is so\nread or published had been present in Court and declared his\nopinion in person.\nDivision 4 Exercise of jurisdiction and referees\n25 Jurisdiction by Associate Judge, etc.\nThe Rules may:\n(a) empower an Associate Judge to exercise the jurisdiction of the\nCourt;\n(b) confer powers on the Registrar or on a person specified in the\nRules; and\n(c) prescribe the circumstances in which, and the terms and\nconditions subject to which:\n(i) an Associate Judge may exercise the jurisdiction of the\nCourt; and\n(ii) the Registrar or other person on whom powers are\nconferred by the Rules may exercise the powers.\n\nPart II Constitution and jurisdiction of the Court\nDivision 4 Exercise of jurisdiction and referees\nSupreme Court Act 1979 14\n26 Reference for report\n(1) Subject to the Rules, and to any right to have particular cases tried\nby a jury, the Court may by order refer to an Associate Judge or to\na referee for inquiry and report any question arising in any civil\nproceeding.\n(3) Where a question is referred to an Associate Judge or a referee\nunder subsection (1), the report of an Associate Judge or referee\nmay be adopted wholly or partially and with or without modification\nby the Court and may, as so adopted, be enforced as a judgment.\n27 Reference for trial\n(1) In any civil proceeding, except where the jurisdiction of the Court is\nexercisable only by the Full Court:\n(a) if all the parties interested who are not under disability\nconsent;\n(b) if the proceeding requires any prolonged examination of\ndocuments, or any scientific or local investigation, which\ncannot, in the opinion of the Court, conveniently be made\nbefore a jury or conducted by the Court; or\n(c) if the question in dispute consists wholly or in part of matters\nof account,\nthe Court may at any time order so much of the proceeding, or of\nany question or issue of fact arising therein, as in the opinion of the\nCourt is proper, to be tried before an Associate Judge or before a\nreferee agreed on by the parties or, in the absence of agreement,\nappointed by the Court.\n(2) Except where the jurisdiction of the Court is exercisable only by the\nFull Court, the Court may at any time order that an assessment of\ndamages be tried before an Associate Judge.\n28 Powers\nWhere the Court makes an order under section 26 or 27:\n(a) it may, subject to the Rules, make the order on such terms\nand conditions, including terms and conditions as to costs, as\nit thinks fit;\n(b) it may, subject to the Rules, give such directions as it thinks fit;\n\nPart II Constitution and jurisdiction of the Court\nDivision 5 Judges\nSupreme Court Act 1979 15\n(c) an Associate Judge or referee, as the case may be, may\nexercise the jurisdiction of the Court for the purpose of\ncarrying out the order; and\n(d) if the order is an order that a matter be tried by or referred to a\nreferee, the referee shall be deemed to be an officer of the\nCourt.\n29 Powers of Associate\nWhere an Associate Judge or a referee exercises the jurisdiction of\nthe Court as provided by this Division, then, subject to the Rules\nand to the directions of the Court and, in the case of an order under\nsection 26 or 27 to the terms of the order:\n(a) the Associate Judge or referee has and may exercise the\nauthority, powers, functions, duties, privileges and immunities\nof the Court and of a Judge;\n(b) the Associate Judge or referee may, at any time, and shall, if\nso directed by the Court, state in the form of a special case for\nthe opinion of the Court any question of law arising; and\n(c) the Associate Judge or referee may, if the Associate Judge or\nreferee gives a judgment:\n(i) subject to Part 4 of the Personal Injuries (Liabilities and\nDamages) Act 2003, order the inclusion of interest in any\nsum for which judgment is given; and\n(ii) make an order as to costs.\n30 Effect of judgment\nA judgment given by an Associate Judge or a referee in the\nexercise of the jurisdiction of the Court has effect, subject to the\nRules, as a judgment of the Court.\nDivision 5 Judges\n32 Appointment of Judges\n(1) The Administrator may, by commission, appoint a person who has\nnot attained the age of 72 years and:\n(a) is or has been a Judge of a Court of the Commonwealth or of\na State or Territory of the Commonwealth; or\n(b) is a lawyer who has been admitted to the legal profession for\nat least 10 years;\n\nPart II Constitution and jurisdiction of the Court\nDivision 5 Judges\nSupreme Court Act 1979 16\nto be:\n(c) the Chief Justice of the Court;\n(d) a Judge of the Court; or\n(e) an additional Judge of the Court.\n(2) The Administrator may, by commission, appoint a person who:\n(a) is or has been a Judge of a Court of the Commonwealth or of\na State or Territory of the Commonwealth; or\n(b) is a lawyer who has been admitted to the legal profession for\nat least 10 years;\nto act as a Judge for such period, not exceeding 12 months but\nsubject to subsection (4), and subject to such conditions and\nlimitations, if any, as are specified in the commission.\n(3) While a person appointed under subsection (2) is acting as a Judge\nhe has the authority, powers, functions, duties, privileges,\nimmunities and jurisdiction of a Judge, but he shall not exercise\nthem or constitute the Court, either alone or with another Judge,\nexcept subject to the conditions and limitations, if any, specified in\nhis commission.\n(4) A person appointed under subsection (2) to act as a Judge is\nauthorised to complete the hearing and determination of a\nproceeding that is pending before the person at the time of the\nexpiration of his or her appointment.\n33 Seniority\n(1) The Chief Justice is the senior Judge of the Court.\n(2) The Judges who are appointed by reference to section 32(1)(d) are\nsenior to additional Judges and acting Judges and, as between\nthemselves, have seniority according to the dates on which their\ncommissions took effect and, in the case where 2 or more\ncommissions took effect on the same date, according to the\nprecedence assigned to them in their commissions.\n(3) The additional Judges are senior to acting Judges and, as between\nthemselves, have seniority according to the dates on which their\ncommissions took effect and, in the case where 2 or more\ncommissions took effect on the same date, according to the\nprecedence assigned to them in their commissions.\n\nPart II Constitution and jurisdiction of the Court\nDivision 5 Judges\nSupreme Court Act 1979 17\n(4) The acting Judges have seniority, as between themselves,\naccording to the dates on which their commissions took effect and,\nin the case where 2 or more commissions took effect on the same\ndate, according to the precedence assigned to them in their\ncommissions.\n(5) Associate Judges have seniority, as between themselves,\naccording to:\n(a) the dates on which their commissions took effect; or\n(b) in the case of 2 or more commissions that took effect on the\nsame date, according to the precedence assigned to them in\ntheir commissions.\n34 Chief Justice\nThe Chief Justice is responsible for ensuring the orderly and\nexpeditious discharge of the business of the Court and accordingly\nmay, subject to this Act and to such consultation with the Judges as\nthe Chief Justice considers appropriate, make arrangements as to\nthe Judge who is or the Judges who are to constitute the Court in\nparticular matters or classes of matters.\n35 Acting Chief Justice\nWhenever:\n(a) the Chief Justice is absent from the Territory or from duty; or\n(b) there is a vacancy in the office of Chief Justice,\nthe next senior Judge who is in the Territory and is able and willing\nto do so shall perform the duties, and may exercise the powers, of\nthe Chief Justice.\n36 Offices of profit\n(1) A Judge shall not, without the approval of the Attorney-General:\n(a) accept another judicial commission; or\n(b) accept an office of profit under the Crown.\n(2) Nothing in subsection (1) shall affect a judicial commission given\nbefore the commencement of this Act.\n37 Oath of office\n(1) A Judge must take an oath in the form in Schedule 1 before\ndischarging the duties of the office.\n\nPart II Constitution and jurisdiction of the Court\nDivision 5 Judges\nSupreme Court Act 1979 18\n(2) The oath must be administered by the Administrator or a person\nappointed by the Attorney-General to do so.\n(3) Despite subsection (1), a Judge need not take an oath if the Judge\nhas previously taken an oath under this section.\n38 Retirement\nA Judge, other than a Judge appointed under section 32(2), ceases\nto hold office on the Judge attaining the age of 75 years.\n39 Resignation\nA Judge may, by writing under his hand delivered to the\nAdministrator, resign his office, but the resignation is not effective\nuntil it is accepted by the Administrator.\n40 Removal from office\n(1) A Judge who is not an acting Judge may be removed from office by\nthe Administrator on an address from the Legislative Assembly\npraying for his removal on the ground of proved misbehaviour or\nincapacity, but shall not otherwise be removed from office.\n(2) An acting Judge may be removed from office by the Administrator\non the ground of proved misbehaviour or incapacity, but shall not\notherwise be removed from office.\n(3) A Judge must not be removed from office under subsection (1)\nor (2) unless:\n(a) a report from an investigation panel is received by the\nAdministrator under section 57 of the Judicial Commission\nAct 2020; and\n(b) the investigation panel states in the report its opinion that the\nmatter could justify the Judge's removal from office on the\nground of proved misbehaviour or incapacity.\n41 Remuneration\n(1) A Judge is to receive the following:\n(a) the salary and allowances as determined from time to time by\nthe Administrator;\n(b) subject to Division 5AA, other benefits as determined from\ntime to time by the Administrator.\n\nPart II Constitution and jurisdiction of the Court\nDivision 5AA Long service leave entitlements of Judges\nSupreme Court Act 1979 19\n(2) Salary to which a Judge is entitled under subsection (1) accrues\nfrom day to day and is payable monthly.\n(3) The salary, allowances and other benefits to which a Judge is\nentitled under subsection (1) or Division 5AA must not be altered to\nthe Judge's detriment during the Judge's term of office.\n(4) Salaries, allowances and benefits payable under subsection (1) are\nto be paid from the public moneys of the Territory and the\nappropriation for that purpose is established or increased to the\nextent necessary.\nDivision 5AA Long service leave entitlements of Judges\n41AA Application of Division\nThis Division does not apply to a Judge to whom the Supreme\nCourt (Judges Long Leave Payments) Act 1980 applies.\nNote for section 41AA\nSee section 3A of the Supreme Court (Judges Long Leave Payments) Act 1980\nin relation to the application of that Act.\n41AB Meaning of ordinary remuneration\n(1) Subject to subsection (2), for this Division a Judge's ordinary\nremuneration is the remuneration the Judge is entitled to receive\nfor service as a Judge.\n(2) If a Judge has worked in a part-time capacity at any time during a\nperiod of service to which an entitlement to long service leave\nrelates, the Judge's ordinary remuneration is to be determined on a\npro rata basis, based on the hours for which the Judge was\nremunerated during the period of service.\n41AC Entitlement to long service leave\n(1) A Judge is entitled to 3 calendar months of long service leave after\ncompleting 10 years of service.\n(2) A Judge who has completed 10 years of service is entitled to\n9 calendar days of long service leave for each subsequent year of\ncompleted service.\n(3) A Judge may accrue service in a full-time or part-time capacity or in\na combination of those capacities.\n\nPart II Constitution and jurisdiction of the Court\nDivision 5AA Long service leave entitlements of Judges\nSupreme Court Act 1979 20\n(4) A Judge does not accrue service when the Judge is:\n(a) on leave without pay; or\n(b) absent from work because of an injury for which the Judge is\nreceiving workers' compensation payments.\n41AD Grants of long service leave\n(1) Long service leave may be granted:\n(a) to a Judge, other than the Chief Justice – with the approval of\nthe Chief Justice; and\n(b) to the Chief Justice – with the approval of the\nAttorney-General.\n(2) A Judge may, in respect of an entitlement to long service leave, be\ngranted a period of long service leave that is:\n(a) equal to the period of the entitlement and paid the Judge's\nordinary remuneration during the period of leave; or\n(b) twice as long as the period of the entitlement and paid the\nJudge's ordinary remuneration at half pay during the period of\nleave; or\n(c) at least half as long as the period of the entitlement and paid:\n(i) during the period of leave – the Judge's ordinary\nremuneration; and\n(ii) in respect of the remainder of the entitlement – a lump\nsum that is equal to the Judge's ordinary remuneration\nthat would have been paid to the Judge if the entitlement\nhad been taken as leave.\nExample for subsection (2)(c)\nA Judge entitled to 3 months of long service leave may elect to take 2 calendar\nmonths of long service leave and be paid a lump sum in lieu of taking the third\nmonth of the entitlement as long service leave. The Judge is paid the Judge's\nordinary remuneration during the 2 month period of leave and a lump sum that is\nequal to the remuneration the Judge would have been paid during a third month\nof long service leave.\n\nPart II Constitution and jurisdiction of the Court\nDivision 5AA Long service leave entitlements of Judges\nSupreme Court Act 1979 21\n(3) During a period of leave mentioned in subsection (2)(b), the Judge\naccrues service and service-based entitlements at half of the\nordinary rate of accrual.\nNote for subsection (3)\nA service-based entitlement may include an entitlement to leave, including\nrecreation or long service leave or an entitlement to a pension under the\nSupreme Court (Judges Pensions) Act 1980.\n(4) Long service leave may be granted in months and tenths of a\nmonth but may not be granted for a period of leave that is less than\n7 days.\n(5) Weekends, public holidays and other days on which the Judge\nwould not have ordinarily been required to work are part of long\nservice leave and do not extend the period of leave.\n(6) A Judge may not be granted periods of long service leave that are\nseparated by a Saturday, Sunday or public holiday.\n41AE Payment in lieu\n(1) Subject to subsection (2), a Judge is entitled to payment in lieu of\nlong service leave on cessation of employment as follows:\n(a) if the Judge has completed 10 or more years of service –\npayment in lieu of the Judge's unused entitlement to long\nservice leave at the date of cessation;\n(b) if the Judge has completed a total of 9 years of service –\npayment for 67.5 calendar days of long service leave;\n(c) if the Judge has completed a total of 8 years of service –\npayment for 45 calendar days of long service leave;\n(d) if the Judge has completed a total of 7 years of service –\npayment for 22.5 calendar days of long service leave.\n(2) A Judge is not entitled to payment in lieu under subsection (1)(b) to\n(d) if the Judge is removed from office under section 40(1) on the\nground of proved misbehaviour.\n(3) If a Judge dies, the Judge's personal representative is entitled to be\npaid an amount that would have been payable to the Judge under\nthis section.\n(4) Payment of an entitlement under this section is to be based on the\nJudge's ordinary remuneration.\n\nPart II Constitution and jurisdiction of the Court\nDivision 5A Associate Judges\nSupreme Court Act 1979 22\nDivision 5A Associate Judges\n41A Appointment of Associate Judges\nThe Administrator may, on the recommendation of the Chief\nJustice, by commission, appoint a person who:\n(a) has not attained the age of 72 years; and\n(b) is a lawyer who has been admitted to the legal profession for\nat least 5 years;\nto be an Associate Judge.\n41B Office of profit\nAn Associate Judge shall not, without the approval of the Chief\nJustice, accept an office of profit under the Crown.\n41C Remuneration\n(1) An Associate Judge shall receive:\n(a) salary at a rate;\n(b) such allowances and at such rates; and\n(c) subject to section 41G, such other benefits,\nas are determined, from time to time, by the Administrator.\n(2) Salaries, allowances and benefits payable under subsection (1) are\nto be paid from the public moneys of the Territory and the\nappropriation for that purpose is established or increased to the\nextent necessary.\n(3) The salary, allowances and other benefits to which an Associate\nJudge is entitled under subsection (1) must not be altered to the\nAssociate Judge's detriment during the Associate Judge's term of\noffice.\n41D Retirement\nAn Associate Judge, other than an acting Associate Judge, ceases\nto hold office on attaining the age of 72 years.\n41E Resignation\nAn Associate Judge may, by writing delivered to the Administrator,\nresign from that office, but the resignation is not effective until it is\naccepted by the Administrator.\n\nPart II Constitution and jurisdiction of the Court\nDivision 5A Associate Judges\nSupreme Court Act 1979 23\n41F Removal of Associate Judge from office\n(1) The Administrator must remove an Associate Judge from office if\nthe Associate Judge:\n(a) becomes incapable of performing the duties of the office, other\nthan by reason of temporary illness; or\n(b) is guilty of misbehaviour.\n(2) However, an Associate Judge must not be removed from office\nunder subsection (1) unless:\n(a) a report from an investigation panel is received by the\nAdministrator under section 57 of the Judicial Commission\nAct 2020; and\n(b) the investigation panel states in the report its opinion that the\nmatter could justify the Judge's removal from office on the\nground of proved misbehaviour or incapacity.\n41G Rights of public servants\nWhere a person appointed as an Associate Judge under this Act\nwas, immediately before the appointment, an employee within the\nmeaning of the Public Sector Employment and Management\nAct 1993 or any Act in substitution for that Act:\n(a) the person shall retain any existing and accruing benefits that\nthe person was entitled to by virtue of the person's\nemployment under that Act; and\n(b) the benefits determined under section 41C(1)(c) shall be not\nless than those which the person would, from time to time, be\nentitled to had the person continued to be employed under\nthat Act.\n41H Authorisation to act in office of Associate Judge\n(1) The Chief Justice may, in writing, authorise a lawyer (including a\npublic sector employee) to act in the office of Associate Judge\nsubject to the limitations or restrictions, if any, specified in the\nauthorisation if:\n(a) there is a vacancy in the office of Associate Judge; or\n(b) an Associate Judge is absent from duty or from the Territory\nor is unable, for any reason, to carry out the duties of the\noffice.\n\nPart II Constitution and jurisdiction of the Court\nDivision 6 Registries, Seals and officers\nSupreme Court Act 1979 24\n(2) A person authorised under subsection (1) may not act in the office\nof Associate Judge for a continuous period longer than 12 months.\n41J Oath of office\n(1) An Associate Judge must take an oath in the form in Schedule 2\nbefore discharging the duties of the office.\n(1A) The oath must be administered by the Chief Justice or a Judge of\nthe Court.\n(2) Despite subsection (1), an Associate Judge need not take an oath if\nthe Associate Judge has previously taken an oath under this\nsection.\n41K Powers of Associate Judge\n(1) An Associate Judge has power to administer oaths, and shall\nperform such duties in respect of a proceeding as are assigned to\nan Associate Judge by a law in force in the Territory, by the Rules\nor by order of the Court.\n(2) Where, under a law in force in the Territory, a power is exercisable,\nor a duty is to be performed, or a thing is to be or may be done, by\na Registrar or other officer of the court, other than a Sheriff, it may\nbe exercised, performed or done by an Associate Judge.\n(3) An Associate Judge is a Justice of the Peace for the Territory.\nDivision 6 Registries, Seals and officers\n42 Registry\n(1) There shall be a Registry of the Court at Darwin.\n(2) The Attorney-General may authorize the establishment of additional\nRegistries of the Court at such places in the Territory as he\ndetermines.\n43 Seal\n(1) The Court must have a Seal for sealing writs and other documents\nissued out of the Court and required to be sealed.\n(2) The Seal must be of a design approved by the Chief Justice and\nmust be inscribed with the words \"The Seal of the Supreme Court\nof the Northern Territory of Australia\".\n(3) The Seal must be kept at such place and in such custody as the\nChief Justice directs.\n\nPart II Constitution and jurisdiction of the Court\nDivision 6 Registries, Seals and officers\nSupreme Court Act 1979 25\n(4) The Seal may be applied to a document manually or electronically.\n44 Stamps\n(1) The Court must have, in addition to the Seal, a stamp or stamps of\na design approved by the Chief Justice.\n(2) A stamp referred to in subsection (1) must be kept at such place\nand in such custody as the Chief Justice directs.\n(3) A document or a copy of a document marked with a stamp referred\nto in subsection (1):\n(a) is as valid and effectual as if it had been sealed with the\nSeal; and\n(b) may be marked with a stamp manually or electronically.\n45 Judicial notice of Seal\nAll Courts and all persons acting judicially must take judicial notice\nof the Seal of the Court and of the mark of a stamp referred to in\nsection 44(1), whether applied to a document manually or\nelectronically, and must presume that it was applied by proper\nauthority.\n48 Appointment of Registrars\n(1) The Attorney-General may appoint a person who is admitted or\nqualified to be admitted to the legal profession to be a Registrar of\nthe Court.\n(2) The Chief Justice may appoint a person who is admitted or qualified\nto be admitted to the legal profession to be an acting Registrar of\nthe Court.\n49 Powers of Registrars\n(1) Subject to this Act and the Rules and to the directions of an\nAssociate Judge, a Registrar has, and may exercise and perform,\nall the powers and functions of an Associate Judge under any law\nin force in the Territory.\n(2) The appointment of a person to be a Registrar does not affect the\nexercise or performance of a power or function by an Associate\nJudge.\n\nPart III Court of Appeal\nSupreme Court Act 1979 26\n49A Independence of Associate Judges and Registrars\nExcept to the extent otherwise provided by or under this Act, an\nAssociate Judge and a Registrar, in the exercise of their jurisdiction\nand powers and the performance of their functions under this Act,\nare not subject to the direction or control of any person or body.\n50 Other officers\nThe Attorney-General may appoint such officers of the Court, in\naddition to Registrars and to the officers appointed under the Sheriff\nAct 1962, as he considers necessary.\nPart III Court of Appeal\n50A Application\nThis Part does not apply to an appeal under Division 2 of Part X of\nthe Criminal Code.\n51 Right of appeal\n(1) Where the jurisdiction of the Court in a proceeding or a part of a\nproceeding was exercised otherwise than by the Full Court, a party\nto that proceeding may, subject to this Act, appeal to the Court from\na judgment given in that proceeding or part, as the case may be.\n(2) The Court, when exercising its appellate jurisdiction under\nsubsection (1), may be known as the Court of Appeal of the\nNorthern Territory of Australia.\n52 Exercise of appellate jurisdiction\n(1) Subject to this Act, the appellate jurisdiction of the Court under\nsection 51(1) shall be exercised by the Court constituted by not less\nthan 3 Judges.\n(2) One Judge sitting in Court may exercise the appellate jurisdiction of\nthe Court under section 51(1):\n(a) to direct the entry of any judgment by consent or make any\norder by consent;\n(b) to dismiss an appeal for want of prosecution or for other\nprescribed cause; or\n(c) to dismiss an appeal on the application of the appellant.\n\nPart III Court of Appeal\nSupreme Court Act 1979 27\n(3) The appellate jurisdiction of the Court under section 51(1) may be\nexercised by a Judge:\n(a) as provided by this Act, by the Rules or by any other law in\nforce in the Territory; and\n(b) in all matters of practice and procedure.\n(5) A party to an appeal may apply as of right to the Court of Appeal\nconstituted by not less than 3 Judges to discharge or vary a\njudgment or direction of the Court of Appeal constituted otherwise,\nbut may not otherwise appeal to the Court from a judgment of the\nCourt of Appeal.\n53 Appeal from interlocutory judgment\n(1) A party to a proceeding may not appeal under section 51(1) from an\ninterlocutory judgment except by leave of the Court of Appeal.\n(2) An application for leave to appeal from an interlocutory judgment\nmust be determined in the first instance on the papers by the Court\nof Appeal consisting of one Judge.\n(3) If the application is refused, the party is entitled to have the\napplication determined by the Court of Appeal consisting of not less\nthan 3 Judges.\n(4) An appeal from an interlocutory judgment of an Associate Judge or\na referee must be heard by the Court of Appeal consisting of:\n(a) one Judge – if leave to appeal is granted under subsection (2);\nor\n(b) 3 Judges – if leave to appeal is granted under subsection (3).\n54 Evidence on appeal\nThe Court of Appeal shall have regard to the evidence given in the\nproceedings out of which the appeal arose, and has power to draw\ninferences of fact and, in its discretion, to receive further evidence,\nwhich may be taken on affidavit, by oral examination before the\nCourt of Appeal or a Judge or otherwise as the Court of Appeal\ndirects.\n\nPart III Court of Appeal\nSupreme Court Act 1979 28\n55 Form of judgment on appeal\n(1) Subject to any law in force in the Territory, the Court of Appeal:\n(a) may exercise every power, jurisdiction and authority of the\nCourt, whether at law or in equity or under any law in force in\nthe Territory; and\n(b) shall give such judgment as, in all the circumstances, it thinks\nfit.\n(2) Without limiting the effect of subsection (1), the Court of Appeal:\n(a) may affirm, reverse or vary the judgment appealed from, in\nwhole or in part; and\n(b) may set aside the judgment appealed from, in whole or in part,\nand substitute its own judgment; and\n(c) may remit the proceeding for further hearing and\ndetermination, subject to the directions the Court of Appeal\nconsiders appropriate, to:\n(i) for an appeal from an Associate Judge or referee – an\nAssociate Judge or referee (as the case may be); or\n(ii) for an appeal from the Court – the Court consisting of\nthe Judge who gave the judgment; and\n(d) may set aside a verdict or finding of a jury in a civil proceeding\nand enter a judgment despite the verdict or finding; and\n(e) may grant a new trial in any case in which there has been a\ntrial, either with or without a jury, on any ground upon which it\nis appropriate to grant a new trial; and\n(f) may award execution from the Court or remit the proceeding\nto another court for the execution of the judgment of the Court\nof Appeal.\n(3) It is the duty of a court to which a proceeding is remitted in\naccordance with subsection (1)(f) to execute the judgment of the\nCourt of Appeal in the same manner as if it were its own judgment.\n(4) The Court of Appeal shall comply with subsection (1)\nnotwithstanding that the notice of appeal asks that part only of the\njudgment may be reversed or varied, and it may give judgment in\nfavour of all or any of the respondents or parties, including\nrespondents or parties who have not appealed from or complained\nof the judgment.\n\nPart III Court of Appeal\nSupreme Court Act 1979 29\n(6) An interlocutory judgment from which there has been no appeal\ndoes not operate to prevent the Court of Appeal from giving such\ndecision upon an appeal as it thinks just.\n(7) The powers of the Court of Appeal under subsection (1) in an\nappeal (whether by the Crown or by the defendant) against a\nsentence include the power to increase or decrease the sentence\nor substitute a different sentence.\n56 New trial\n(1) In an appeal in which the Court of Appeal grants a new trial, the\nCourt of Appeal may impose such conditions on a party, and may\ndirect such admissions to be made by a party, for the purpose of\nthe new trial as it thinks just.\n(2) Where the Court of Appeal grants a new trial, the Court of Appeal:\n(a) may grant it, either generally or on particular issues only, as it\nthinks just; and\n(b) may at any time order that evidence of a witness examined at\nthe former trial be used in the new trial in the manner provided\nin the order.\n57 Stay of proceedings\n(1) Where an appeal to the Court under section 51(1) has been\ninstituted, the Court of Appeal or the Court may:\n(a) order, on such conditions, if any, as it thinks fit, a stay of the\nwhole or any part of a proceeding under the judgment\nappealed from; and\n(b) by order, on such conditions, if any, as it thinks fit, suspend\nthe operation of a judgment to which the appeal, in whole or in\npart, relates.\n(2) Subsection (1) does not affect the operation of any provision made\nby or under any other law in force in the Territory or by the Rules for\nor in relation to the stay of a proceeding.\n(3) Except as expressly provided by this section or by the Rules or any\nother law in force in the Territory, the institution of an appeal does\nnot operate as a stay of execution.\n58 Senior Judge presides\n(1) At a sitting of the Court of Appeal at which the Chief Justice is\npresent, he shall preside.\n\nPart IV Concurrent administration of law and equity\nSupreme Court Act 1979 30\n(2) In the absence of the Chief Justice from a sitting of the Court of\nAppeal, the senior Judge present shall preside, unless the Chief\nJustice directs otherwise.\n59 Majority judgments\n(1) The judgment of the Court of Appeal shall be in accordance with\nthe opinion of the majority of Judges present.\n(2) Where the Judges present at a sitting of the Court of Appeal are\nequally divided in opinion as to the judgment to be given on any\nquestion, the judgment appealed from shall be affirmed.\n60 Reserved judgments\nWhen any proceeding, after being fully heard before the Court of\nAppeal, is ordered to stand for judgment, it shall not be necessary\nthat all the Judges before whom it was heard shall be present\ntogether in Court to declare their opinions thereon, but:\n(a) the opinion of any of them may be reduced to writing and may\nbe read or published by any other Judge at any subsequent\nsitting of the Court of Appeal at which judgment in the\nproceeding is appointed to be delivered; and\n(b) in any such case the question shall be decided in the same\nmanner, and the judgment of the Court of Appeal shall have\nthe same force and effect, as if the Judge whose opinion is so\nread or published had been present in Court and declared his\nopinion in person.\nPart IV Concurrent administration of law and equity\n61 Law and equity\nSubject to the express provisions of any other law in force in the\nTerritory, in every proceeding commenced in the Court, law and\nequity shall be administered according to the provisions of this Part.\n62 Equities of plaintiff\nWhere a plaintiff claims to be entitled to an equitable estate or right,\nor to relief on an equitable ground against a deed, instrument or\ncontract, or against a right, title or claim asserted by any defendant\nin a proceeding, or to relief founded upon a legal right that could in\nEngland immediately before the commencement of the Judicature\nAct only have been given by a Court of Equity, the Court shall give\nto the plaintiff the same relief as ought then to have been given by\nthe English Court of Chancery in a proceeding for the like purpose.\n\nPart IV Concurrent administration of law and equity\nSupreme Court Act 1979 31\n63 Equities of defendant\nWhere a defendant claims to be entitled to an equitable estate or\nright, or to relief on an equitable ground against a deed, instrument\nor contract, or against a right, title or claim asserted by a plaintiff in\na proceeding, or alleges a ground of equitable defence to a claim of\nthe plaintiff, the Court shall give to every equitable estate, right or\nground of relief so claimed, and every equitable defence so alleged,\nthe same effect, by way of defence against the claim of the plaintiff,\nas the English Court of Chancery ought, immediately before the\ncommencement of the Judicature Act, to have given if the like\nmatters had been relied on by way of defence in a proceeding\ninstituted in that Court for the like purpose.\n64 Counter claims and third parties\n(1) The Court has power to grant to a defendant, in respect of an\nequitable estate or right or other matter of equity, and also in\nrespect of a legal estate, right or title claimed or asserted by him:\n(a) all such relief against a plaintiff as the defendant has properly\nclaimed by his pleading and as the Court might have granted\nin a proceeding instituted for that purpose by that defendant\nagainst the same plaintiff; and\n(b) all such relief relating to or connected with the original subject\nof the proceeding, being relief claimed in like manner against\nanother person, whether already a party to the proceeding or\nnot, who has been duly served with notice in writing of the\nclaim pursuant to the Rules, any other law in force in the\nTerritory, or an order of the Court, as might properly have\nbeen granted against that person if he had been made a\ndefendant to a proceeding duly instituted by the same\ndefendant for the like purpose.\n(2) A person served with such a notice shall thenceforth be deemed a\nparty to the proceeding with the same rights in respect of his\ndefence against the claim as if he had been duly sued in the\nordinary way by the defendant.\n65 Equities appearing incidentally\nThe Court shall take notice of all equitable estates, titles and rights,\nand of all equitable duties and liabilities appearing incidentally in the\ncourse of a proceeding, in the manner in which the English Court of\nChancery would, immediately before the commencement of the\nJudicature Act, have taken notice of those matters in a proceeding\nproperly instituted in that court.\n\nPart IV Concurrent administration of law and equity\nSupreme Court Act 1979 32\n66 Defence or stay instead of injunction or prohibition\n(1) Every matter of equity on which an injunction against the\nprosecution of any such proceeding, if the proceeding had been a\nproceeding properly instituted in the English Court of Chancery for\nthe like purpose, might, immediately before the commencement of\nthe Judicature Act, have been obtained, whether unconditionally or\non any terms or conditions, may be relied on by way of defence.\n(2) Notwithstanding subsection (1):\n(a) nothing in this Part disables the Court, if it thinks fit so to do,\nfrom directing a stay of proceedings in a matter pending\nbefore it; and\n(b) a person, whether a party or not to a proceeding in the Court,\nwho:\n(i) if the proceeding had been a proceeding properly\ninstituted in the English Court of Chancery for the like\npurpose, would, immediately before the commencement\nof the Judicature Act, have been entitled to apply to a\ncourt to restrain the prosecution of the proceeding; or\n(ii) may be entitled to enforce, by attachment or otherwise, a\njudgment in contravention of which the proceeding, or\nany part of the proceeding, has been taken,\nmay apply to the Court, by motion in a summary way, for a\nstay of proceedings, either generally or so far as is necessary\nfor the purposes of justice, and the Court shall thereupon\nmake such order as it thinks just.\n67 Common law and statutory rights\nSubject to the provisions of this Part for giving effect to equitable\nrights and other matters of equity, the Court shall give effect to all\nlegal claims and demands, and to all estates, titles, rights, duties,\nobligations and liabilities, existing under the law in force in the\nTerritory, including common law and custom.\n68 Rules of equity to prevail\nIn all matters not particularly mentioned in this Part in which there\nwas formerly or is a conflict or variance between the rules of equity\nand the rules of the common law with reference to the same matter,\nthe rules of equity shall prevail.\n\nPart V Practice and procedure\nSupreme Court Act 1979 33\n69 Injunctions and receivers\n(1) The Court may grant an injunction or appoint a receiver by an\ninterlocutory order in all cases in which it appears to the Court to be\njust or convenient so to do.\n(2) Such an order may be made either unconditionally or on such terms\nand conditions as the Court thinks just.\n(3) If, whether before, at or after the hearing of a proceeding, an\napplication is made for an injunction to prevent a threatened or\napprehended waste or trespass, the injunction may be granted, if\nthe Court thinks fit, whether the person against whom the injunction\nis sought is or is not in possession under a claim of title or\notherwise, or (if out of possession) does or does not claim a right to\ndo the act sought to be restrained under a colour of title, and\nwhether the estate claimed by any of the parties is legal or\nequitable.\nPart V Practice and procedure\n70 Court may issue or transmit court documents electronically\n(1) Any order, judgment, process or other document that the Court, a\nJudge, an Associate Judge or a Registrar may issue or transmit\nunder any law of the Territory may be issued or transmitted by\nelectronic communication.\n(2) If any law of the Territory permits or requires any order, judgment,\nprocess or other document to be issued or transmitted by manual\nmeans, that requirement is taken to be met if the issuing or\ntransmission occurs by electronic communication.\nExample for subsection (2)\nIf an Act requires or permits the Court to sign or seal a document, the Court could\nuse an electronic signature or electronic seal and the requirement is met in the\nsame way as if he document had been signed or sealed by hand.\n(3) This section does not limit or affect:\n(a) the Court, a Judge, an Associate Judge or a Registrar from\nissuing or providing any order, judgment, process or other\ndocument manually or in paper form; or\n(b) any practice, procedure or Rules that provide for electronic\nprocesses in the Court; or\n(c) the power to make Rules; or\n\nPart V Practice and procedure\nSupreme Court Act 1979 34\n(d) any other power of the Court, a Judge, an Associate Judge or\na Registrar.\n71 Rules of Court\nExcept as provided by this Act or by any other law in force in the\nTerritory, the practice and procedure of the Court shall be as\nprovided by the Rules.\n72 Directions by Chief Justice\nWhere no provision in relation to a matter of practice and procedure\nof the Court is contained in this Act, in the Rules or in any other law\nin force in the Territory, that matter shall be governed as the Chief\nJustice directs either generally or in relation to a proceeding.\n73 Evidence\nSubject to this Act, to the Rules and to any other law in force in the\nTerritory, in any proceeding, unless the parties otherwise agree,\nevidence shall be given orally in open court.\n74 Affidavits\n(1) On the hearing of any proceeding, evidence may be given by\naffidavit of the service of any document incidental to the proceeding\nor of the signature of a party to the proceeding, or of his solicitor, on\nsuch a document.\n(2) In any proceeding, the Court may, for sufficient reason, order that,\nsubject to such conditions as the Court thinks just, all or a part of\nthe evidence in the proceeding, being evidence that, but for the\norder, would be required to be given orally in open court, may be\ngiven by affidavit.\n(3) The conditions referred to in subsection (2):\n(a) may include a condition that a copy of the affidavit by which\nany evidence is to be given be served on a party to the\nproceeding or on any other person; and\n(b) may include a condition that a person whose evidence is given\nby affidavit attend at the hearing for cross-examination.\n75 Appearance\nSubject to any other law in force in the Territory, a party in a\nproceeding may appear before the Court either personally or by a\nlegal practitioner.\n\nPart V Practice and procedure\nSupreme Court Act 1979 35\n77 Non-appearance or absence of some defendants\n(1) If there are several defendants in a proceeding and if any defendant\nis not served with process and does not voluntarily appear, the\nCourt may nevertheless entertain the proceeding and hear and\ndetermine it between the parties who are properly before the Court,\nbut the judgment given in the proceeding does not conclude the\nproceeding as against or prejudice other parties who are not served\nwith process and do not voluntarily submit to the jurisdiction of the\nCourt.\n(2) If, in a proceeding, any defendant is not a resident of, or found\nwithin, Australia, and does not voluntarily appear in the proceeding,\nthe Court may nevertheless proceed to exercise its jurisdiction after\nsuch notice to the defendant and upon such terms as a Judge by\norder directs or as are prescribed.\n80 Amendment of defect in proceedings\nThe Court may at any time by order, upon such terms as it thinks fit,\namend or remedy a defect, error or omission in any proceeding for\nthe purpose of determining the real questions in controversy or\notherwise depending on the proceeding.\n81 Formal defects\n(1) A proceeding in the Court shall not be invalidated by a formal defect\nor by an irregularity, unless the Court is of opinion that substantial\ninjustice has been caused and that the injustice cannot be\nremedied by an order of the Court.\n(2) The Court may make an order declaring that any proceeding is\nvalid notwithstanding any defect or irregularity.\n82 Further hearings at another place\nWhen a matter has been heard at a sitting of the Court held at one\nplace, the Court may pronounce judgment or give further hearing or\nconsideration to the matter at a sitting of the Court held at another\nplace.\n83 Change of venue\n(1) The Court may, at any stage of a civil proceeding, and subject to\nsuch conditions, if any, as the Court imposes, direct that the trial be\nhad or continued at a place specified in the order.\n\nPart V Practice and procedure\nSupreme Court Act 1979 36\n(2) Where a person is required to appear before the Court, or has\nappeared before the Court, at a particular place in a criminal\nproceeding, the Court may, at any time, upon good cause being\nshown:\n(a) order that that proceeding be had or continued, or that a\nperson appear for sentence, before the Court at another\nplace; and\n(b) make such further orders, including orders as to bail and\nrecognizances, as it considers necessary in the\ncircumstances.\n(3) When an application for an order under subsection (2) is made,\nevidence may be given orally or by affidavit.\n83A Mediation\n(1) If the Court considers it appropriate, the Court may direct that a civil\nproceeding be set down for mediation to explore the possibility of:\n(a) settling the proceeding; or\n(b) resolving a particular issue in the proceeding.\n(2) The appointment of a mediator for a civil proceeding, and\nprocedures relating to the mediation, must be in accordance with\nthe Rules.\n(3) The Rules may provide for any of the following to be appointed to\nbe a mediator for a civil proceeding:\n(a) a Judge;\n(b) an Associate Judge;\n(c) a Registrar;\n(d) a person with suitable qualifications for conducting mediation.\n(4) The Rules may also provide for the appointment of 2 mediators for\na civil proceeding, to mediate jointly.\n(5) A mediator appointed for a civil proceeding must not disclose to\nanother person any information obtained during or for the mediation\nexcept as required or authorised by law.\n\nPart V Practice and procedure\nSupreme Court Act 1979 37\n(6) Evidence of anything said or done during mediation for a civil\nproceeding is not admissible in the proceeding or a court without\nthe consent of the parties except to prove that a settlement was\nreached and the terms of the settlement.\n(7) This section does not prevent:\n(a) the Court itself from attempting to achieve a negotiated\nsettlement of a civil proceeding or resolution of an issue in a\ncivil proceeding; or\n(b) the person exercising the power of the Court mentioned in\nparagraph (a) from taking further part in the proceeding.\n(8) However, if a Judge, an Associate Judge or a Registrar is\nappointed to be the mediator for a civil proceeding, and has\nconducted mediation for the proceeding, he or she is disqualified\nfrom taking further part in the proceeding.\n(9) A person conducting or participating in mediation for a civil\nproceeding has the same immunity for an honest act, or an honest\nand temperate statement or act, done or made during the\nmediation, as is conferred by the Courts and Administrative\nTribunals (Immunities) Act 2008 on a person conducting or\nparticipating in a proceeding.\n84 Interest up to judgment\n(1) In any proceeding in respect of a cause of action that arises after\nthe commencement of this Act the Court may order that there shall\nbe included in the sum for which judgment is given interest at such\nrate as it thinks fit on the whole or any part of that sum for the whole\nor any part of the period between the date when the cause of action\narose and the date of the judgment.\n(1A) Subsection (1) applies subject to Part 4 of the Personal Injuries\n(Liabilities and Damages) Act 2003.\n(2) This section:\n(a) does not authorize the giving of interest upon interest;\n(b) does not apply in respect of any debt on which interest is\npayable as of right whether by virtue of an agreement or\notherwise; and\n(c) does not affect damages recoverable for the dishonour of a bill\nof exchange.\n\nPart V Practice and procedure\nSupreme Court Act 1979 38\n85 Interest on judgments\nExcept as provided by any law in force in the Territory, a judgment\ndebt carries interest, from the date of the judgment:\n(a) at such rate as is fixed by the Rules; and\n(b) until a rate is so fixed, at 8% per annum.\n85A Access to records of Court\n(1) The Court may, on application, grant access to specified records of\nthe Court in relation to proceedings in the Court to a person or class\nof persons.\n(2) The Court may grant the access under subsection (1) on any terms\nit considers appropriate.\n(3) Without limiting subsection (1), the Court may grant access:\n(a) to a person or class of persons representing an Agency who\nrequires access for the purpose of carrying out the functions of\nthe Agency; or\n(b) to a person who requires access to the records for multiple\nproceedings in the Court; or\n(c) to a person who requires regular access to the records for a\nspecified proceeding in the Court.\n86 Rules of Court\n(1) The Judges who are not acting or additional Judges, or a majority\nof those Judges, may make Rules of Court.\n(2) Without limiting subsection (1), Rules of Court may be made:\n(a) to regulate the practice and procedure to be followed in the\nCourt and in the offices of the Court; and\n(b) for matters incidental to or relating to any practice and\nprocedure or necessary or convenient for the conduct of any\nbusiness of the Court in exercising its jurisdiction.\n(3) Rules of Court may be made under subsection (1) in relation to any\nmatter within the jurisdiction of the Court, whether the jurisdiction in\nrelation to the matter is conferred by this Act, another Act, a law of\nthe Commonwealth or otherwise.\n\nPart VI Transitional matters\nSupreme Court Act 1979 39\n(4) Rules of Court may be made under subsection (1) in relation to a\nmatter even if the power to make rules in relation to the matter is\nconferred by another Act, a law of the Commonwealth or otherwise.\n(5) In this section:\nCourt includes the Court of Criminal Appeal.\n87 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) The regulations may prescribe fees payable under this Act.\nPart VI Transitional matters\n88 Transitional matters for Supreme Court Amendment Act 2013\nAny Rules of Court made under section 86 that were in force\nimmediately before the commencement of the Supreme Court\nAmendment Act 2013 continue in force as Rules of Court under\nsection 86 as inserted by section 4 of that Act.\n89 Transitional matters for Justice Legislation Amendment (Small\nClaims and Other Matters) Act 2016\nSection 16, as amended by section 29 of the Justice Legislation\nAmendment (Small Claims and Other Matters) Act 2016, does not\napply in relation to a proceeding that was commenced before\nsection 29 of that Act commenced.\n90 Transitional matters for Supreme Court Amendment\n(Associate Judges) Act 2017\n(1) The person who is the Master of the Court immediately before the\ncommencement day becomes a holder of the office of Associate\nJudge on the commencement day.\n(2) Any service of the person as Master of the Court before the\ncommencement day is taken, on and after the commencement day,\nto be service as an Associate Judge.\n(3) The person:\n(a) holds the office of Associate Judge on the same terms and\nconditions as those on which the person held the office of\nMaster of the Court; and\n(b) is not required to take an oath under section 41J.\n\nPart VI Transitional matters\nSupreme Court Act 1979 40\n(4) A proceeding that was before the Master of the Court immediately\nbefore the commencement day:\n(a) becomes a proceeding before an Associate Judge; and\n(b) continues uninterrupted and is not affected by the enactment\nof the Supreme Court Amendment (Associate Judges)\nAct 2017.\n(5) A judgment given, order made or process issued by the Master of\nthe Court before the commencement day has effect, on and after\nthe commencement day, as if it were a judgment given, order made\nor process issued (as the case requires) by an Associate Judge.\n(6) A reference (in an Act or other document) to the Master of the Court\nis taken to be a reference to an Associate Judge, unless the context\notherwise requires.\n(7) In this section:\ncommencement day means the day on which section 4 of the\nSupreme Court Amendment (Associate Judges) Act 2017\ncommences.\n91 Transitional matters for Justice Legislation Amendment\nAct 2019\nIf a person who held office as a Judge immediately before the\ncommencement of section 12 of the Justice Legislation Amendment\nAct 2019 resigns office on or after the day the person turns\n70 years old and before the day the person turns 72 years old, for\nthe purpose of determining the person's pension entitlement under\nsection 4(2) or (3) of the Supreme Court (Judges Pensions)\nAct 1980, the particular age at which the person is to cease to hold\noffice as a Judge is taken to be the exact age of the person on the\nday the resignation takes effect.\n\nSchedule 1\nSupreme Court Act 1979 41\nSchedule 1\nsection 37\nI, , [promise/swear etc. as required by Oaths, Affidavits and\nDeclarations Act 2010] that I will bear true allegiance to [Sovereign's name],\ntheir Heirs and Successors according to law, that I will well and truly serve\nthem in the Office of Chief Justice [or Judge] of the Supreme Court of the\nNorthern Territory of Australia and that I will do right to all manner of people\naccording to law without fear or favour, affection or ill will. [So help me God! or\nas appropriate]\n\nSchedule 2\nSupreme Court Act 1979 42\nSchedule 2\nsection 41J\nI, , [promise/swear etc. as required by Oaths, Affidavits and\nDeclarations Act 2010] that I will bear true allegiance to [Sovereign's name],\ntheir Heirs and Successors according to law, that I will well and truly serve\nthem in the office of Associate Judge of the Supreme Court of the Northern\nTerritory of Australia and that I will do right to all manner of people according\nto law without fear or favour, affection or ill will. [So help me God! or as\nappropriate]\n\nENDNOTES\nSupreme Court Act 1979 43\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nSupreme Court Act 1979 (Act No. 109, 1979)\nAssent date 24 September 1979\nCommenced ss 51 – 60: 12 March 1986 (Gaz S8, 12 March 1986);\nrem: 1 October 1979 (Gaz S18, 28 September 1979, p 1)\nSupreme Court Act 1980 (Act No. 28, 1980)\nAssent date 14 March 1980\nCommenced 23 March 1980 (Gaz G13, 28 March 1980, p 10)\nSupreme Court Amendment Act 1984 (Act No. 12, 1984)\nAssent date 12 July 1984\nCommenced 12 July 1984\nSupreme Court Amendment Act 1985 (Act No. 57, 1985)\nAssent date 9 December 1985\nCommenced 1 March 1986 (Gaz G7, 19 February 1986, p 6)\nSupreme Court Amendment Act 1986 (Act No. 19, 1986)\nAssent date 30 June 1986\nCommenced 30 June 1986\nSupreme Court (Rules of Procedure) Act 1987 (Act No. 37, 1987)\nAssent date 13 October 1987\nCommenced 1 November 1987 (s 2)\nSupreme Court Amendment Act 1988 (Act No. 32, 1988)\nAssent date 14 September 1988\nCommenced 14 September 1988\nSupreme Court Amendment Act 1990 (Act No. 9, 1990)\nAssent date 2 April 1990\nCommenced 2 April 1990\n\nENDNOTES\nSupreme Court Act 1979 44\nSupreme Court Amendment Act (No. 2) 1990 (Act No. 52, 1990)\nAssent date 15 October 1990\nCommenced 1 February 1991 (Gaz S4, 30 January 1991)\nStatute Law Revision Act 1991 (Act No. 31, 1991)\nAssent date 25 June 1991\nCommenced 25 June 1991\nSupreme Court Amendment Act 1991 (Act No. 68, 1991)\nAssent date 14 November 1991\nCommenced 14 November 1991\nPublic Sector Employment and Management (Consequential Amendments) Act 1993\n(Act No. 28, 1993)\nAssent date 30 June 1993\nCommenced 1 July 1993 (s 2, s 2 Public Sector Employment and\nManagement Act 1993 (Act No. 11, 1993) and Gaz S53,\n29 June 1993)\nSupreme Court Amendment Act 1993 (Act No. 40, 1993)\nAssent date 14 September 1993\nCommenced 6 December 1993 (s 2)\nStatute Law Revision Act 1995 (Act No. 14, 1995)\nAssent date 23 June 1995\nCommenced 23 June 1995\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 Sentencing\nAct 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996)\nSupreme Court Amendment Act 1996 (Act No. 36, 1996)\nAssent date 5 September 1996\nCommenced 1 November 1996 (Gaz G41, 9 October 1996, p 4)\nStatute Law Revision Act 1999 (Act No. 27, 1999)\nAssent date 18 June 1999\nCommenced 18 June 1999\nLaw of Property (Consequential Amendments) Act 2000 (Act No. 46, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Law of Property Act 2000 (Act\nNo. 1, 2000) and Gaz G38, 27 September 2000, p 2)\nPersonal Injuries (Liabilities and Damages) (Consequential Amendments) Act 2003 (Act\nNo. 4, 2003)\nAssent date 18 March 2003\nCommenced 1 May 2003 (Gaz G17, 30 April 2003, p 3)\nJustice Legislation Amendment Act (No. 2) 2006 (Act No. 35, 2006)\nAssent date 3 November 2006\nCommenced 3 November 2006\n\nENDNOTES\nSupreme Court Act 1979 45\nLegal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)\nAssent date 17 May 2007\nCommenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3);\nrem: 17 May 2007 (s 2)\nFinancial Management Amendment Act 2009 (Act No. 15, 2009)\nAssent date 18 June 2009\nCommenced 18 June 2009\nSupreme Court Amendment (Mediation) Act 2010 (Act No. 4, 2010)\nAssent date 17 March 2010\nCommenced 14 April 2010 (Gaz 15, 14 April 2010, p 4)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nJustice Legislation Amendment (Age of Retirement) Act 2013 (Act No. 5, 2013)\nAssent date 14 March 2013\nCommenced 2 April 2013 (Gaz S14, 2 April 2013)\nSupreme Court Amendment Act 2013 (Act No. 10, 2013)\nAssent date 3 May 2013\nCommenced 29 May 2013 (Gaz G22, 29 May 2013, p 5)\nJustice Legislation Amendment (Small Claims and Other Matters) Act 2016 (Act\nNo. 3, 2016)\nAssent date 2 March 2016\nCommenced pt 3: nc (Act rep by Act No. 33, 2019, before comm);\nrem: 1 May 2016 (s 2, s 2 Local Court Act 2015 (Act No. 15,\n2015), Gaz G1, 6 January 2016, p 9 and Gaz G15,\n13 April 2016, p 4)\nLocal Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (Gaz S34, 29 April 2016)\nSupreme Court Amendment (Associate Judges) Act 2017 (Act No. 18, 2017)\nAssent date 5 September 2017\nCommenced 22 November 2017 (Gaz S84, 21 November 2017, p 1)\nJustice Legislation Amendment Act 2019 (Act No. 1, 2019)\nAssent date 22 February 2019\nCommenced 23 February 2019 (s 2)\nStatute Law Revision and Repeals Act 2019 (Act No. 33, 2019)\nAssent date 6 November 2019\nCommenced pts 2 and 3: 11 December 2019 (Gaz G50,\n11 December 2019, p 2); rem: 7 November 2019 (s 2)\nCourts Legislation Amendment Act 2020 (Act No. 1, 2020)\nAssent date 9 March 2020\nCommenced 10 March 2020 (s 2)\n\nENDNOTES\nSupreme Court Act 1979 46\nJudicial Commission Act 2020 (Act No. 17, 2020)\nAssent date 1 July 2020\nCommenced 10 November 2021 (Gaz G45, 10 November 2021, p 1)\nJustice and Other Legislation Amendment Act 2021 (Act No. 7, 2021)\nAssent date 13 April 2021\nCommenced 17 April 2021 (s 2)\nJustice Legislation Amendment (Electronic Documents) Act 2022 (Act No. 2, 2022)\nAssent date 1 March 2022\nCommenced 2 March 2022 (s 2)\nStatute Law Revision Act 2023 (Act No. 4, 2023)\nAssent date 2 March 2023\nCommenced 3 March 2023\nStatute Law Amendment (Succession of the Crown) Act 2023 (Act No. 10, 2023)\nAssent date 20 April 2023\nCommenced 21 April 2023 (s 2)\nJudicial and Other Officers' Entitlements Legislation Amendment Act 2023 (Act No. 14,\n2023)\nAssent date 31 May 2023\nCommenced 1 June 2023 (s 2)\nJustice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)\nAssent date 14 March 2024\nCommenced pt 5, div 1: 30 October 2023 (s 2(2)); pt 3, div 2 and pt 4: nc;\nrem: 15 March 2024 (s 2(1))\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 3 Supreme Court Amendment Act 1986 (Act No. 19, 1986)\ns 17 Supreme Court Amendment Act (No. 2) 1990 (Act No. 52, 1990)\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 16A, 22, 29, 41G, 41H, 50,\n83A and 84 and sch 1 and 2.\n5 LIST OF AMENDMENTS\ns 9 amd No. 37, 1987, s 11; No. 52, 1990, s 4; No. 14, 1995, s 9; No. 17, 1996,\ns 6; No. 40, 2010, s 111; No. 18, 2017, s 4; No. 14, 2023, s 14\ns 9A ins No. 37, 1987, s 12\ns 11 amd No. 37, 1987, s 13; No. 18, 2017, s 5\ns 11A ins No. 9, 2016, s 148\ns 13 amd No. 9, 1990, s 3\ns 15 amd No. 37, 1987, s 14; No. 18, 2017, s 6\ns 16 rep No. 37, 1987, s 15\nins No. 9, 1990, s 4\namd No. 3, 2016, s 29\n\nENDNOTES\nSupreme Court Act 1979 47\ns 16A ins No. 3, 2016, s 30\ns 21 amd No. 37, 1987, s 16; No. 9, 1990, s 5\ns 22 amd No. 9, 1990, s 6\nsub No. 7, 2007, s 10\ns 25 amd No. 19, 1986, s 2; No. 52, 1990, s 5\nsub No. 68, 1991, s 2\namd No. 18, 2017, s 7\ns 26 amd No. 52, 1990, s 6; No. 18, 2017, s 8\ns 27 amd No. 52, 1990, s 7; No. 18, 2017, s 9\ns 28 amd No. 18, 2017, s 10\ns 29 amd No. 4, 2003, s 6; No. 18, 2017, s 11\ns 30 amd No. 18, 2017, s 12; No. 4, 2023, s 23\ns 31 rep No. 35, 2006, s 27\ns 32 amd No. 36, 1996, s 4; No. 7, 2007, s 11; No. 1, 2019, s 13\ns 33 amd No. 18, 2017, s 13\ns 37 amd No. 52, 1990, s 8\nsub No. 40, 2010, s 112\namd No. 4, 2024, s 102\ns 38 amd No. 36, 1996, s 5; No. 1, 2019, s 14; No. 14, 2023, s 15\ns 40 amd No. 17, 2020, s 91\ns 41 amd No. 27, 1999, s 15; No. 15, 2009, s 16; No. 14, 2023, s 16\npt II\ndiv 5AA hdg ins No. 14, 2023, s 17\nss 41AA –\n41AE ins No. 14, 2023, s 17\npt II\ndiv 5A hdg ins No. 52, 1990, s 9\namd No. 18, 2017, s 14\ns 41A ins No. 52, 1990, s 9\namd No. 7, 2007, s 12; No. 5, 2013, s 10; No. 18, 2017, s 15; No. 1, 2019,\ns 15\ns 41B ins No. 52, 1990, s 9\namd No. 18, 2017, s 16\ns 41C ins No. 52, 1990, s 9\namd No. 27, 1999, s 15; No. 15, 2009, s 16; No. 18, 2017, s 17\ns 41D ins No. 52, 1990, s 9\namd No. 5, 2013, s 11; No. 18, 2017, s 18; No. 1, 2019, s 16; No. 7, 2021,\ns 25\ns 41E ins No. 52, 1990, s 9\namd No. 18, 2017, s 19\ns 41F ins No. 52, 1990, s 9\namd No. 18, 2017, s 20\nsub No. 17, 2020, s 92\ns 41G ins No. 52, 1990, s 9\namd No. 28, 1993, s 3; No. 18, 2017, s 21\ns 41H ins No. 52, 1990, s 9\namd No. 28, 1993, s 3; No. 7, 2007, s 13; No. 5, 2013, s 12; No. 18, 2017,\ns 22; No. 1, 2019, s 17\nsub No. 7, 2021, s 26\ns 41J ins No. 52, 1990, s 9\namd No. 40, 2010, s 113; No. 18, 2017, s 23; No. 4, 2024, s 103\ns 41K ins No. 52, 1990, s 9\namd No. 18, 2017, s 24\ns 43 amd No. 1, 2020, s 13\ns 44 amd No. 1, 2020, s 14\ns 45 amd No. 1, 2020, s 15\nss 46 – 47 rep No. 52, 1990, s 10\ns 48 amd No. 52, 1990, s 11; No. 14, 1995, s 9; No. 7, 2007, s 14\n\nENDNOTES\nSupreme Court Act 1979 48\ns 49 amd No. 52, 1990, s 12; No. 68, 1991, s 3; No. 18, 2017, s 25\ns 49A ins No. 32, 1988, s 2\namd No. 52, 1990, s 13; No. 18, 2017, s 26\ns 50 amd No. 52, 1990, s 14\ns 50A ins No. 57, 1985, s 4\ns 51 amd No. 9, 1990, s 7; No. 35, 2006, s 28\ns 52 amd No. 37, 1987, s 17; No. 35, 2006, s 29\ns 53 sub No. 35, 2006, s 30\namd No. 18, 2017, s 27\ns 55 amd No. 57, 1985, s 5; No. 35, 2006, s 31; No. 18, 2017, s 28\ns 69 amd No. 37, 1987, s 18\ns 70 rep No. 46, 2000, s 10\nins No. 1, 2020, s 16\ns 75 amd No. 7, 2007, s 15\ns 76 rep No. 31, 1991, s 14\nss 78 – 79 rep No. 40, 1993, s 3\ns 83 amd No. 37, 1987, s 19\ns 83A ins No. 4, 2010, s 4\namd No. 18, 2017, s 29\ns 84 amd No. 4, 2003, s 6\ns 85A ins No. 2, 2022, s 40\ns 86 amd No. 28, 1980, s 4; No. 57, 1985, s 6\nsub No. 10, 2013, s 4\ns 87 amd No. 12, 1984, s 2\nsub No. 35, 2006, s 32\npt VI hdg ins No. 14, 2023, s 18\ns 88 ins No. 10, 2013, s 5\ns 89 ins No. 3, 2016, s 31\ns 90 ins No. 18, 2017, s 30\ns 91 ins No. 1, 2019, s 18\namd No. 33, 2019, s 49\nsch 1 amd No. 52, 1990, s 15; No. 40, 2010, s 114; No. 10, 2023, s 5\nsch 2 ins No. 52, 1990, s 16\namd No. 40, 2010, s 115; No. 18, 2017, s 31; No. 10, 2023, s 5","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.6","source":"moonshot-batch-reanalyse","citationCount":11,"completionTokens":3111},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"Originally enacted simply to replace the Commonwealth-established Supreme Court with a Territory-created one, the Act has grown into a comprehensive statute governing not only the Court’s constitution and jurisdiction but also detailed judicial employment entitlements (long service leave), alternative dispute resolution (mediation), electronic litigation, appellate procedure, and administrative relationships with the Local Court and the Civil and Administrative Tribunal."},"complexity_factors":["19 defined terms in section 9, with additional interpretive rules in subsection (2)","Multiple jurisdictional sources layered in section 14, including inherited South Australian jurisdiction, former Commonwealth court jurisdiction, and modern Territory statutes","Six main Parts and 11 Divisions, plus two Schedules and extensive Endnotes tracking over 40 amendment Acts","Complex appellate architecture in Part III with varying panel sizes, leave requirements for interlocutory appeals, and reserved judgment procedures","Detailed judicial employment conditions in Division 5AA, including pro rata long service leave calculations and payment-in-lieu formulas","Transitional provisions (sections 88–91) that preserve and convert rights across multiple restructures, including the 2017 conversion of Masters to Associate Judges"],"plain_english_summary":"**Supreme Court Act 1979 (NT)**\n\nThis is the founding law for the highest court in the Northern Territory — the Supreme Court. It replaced an earlier Commonwealth-run court and sets out how the modern court is established, who can sit on it, what cases it can hear, and how those cases are run.\n\n**What the Act does**\n\n- **Creates the Court**: Establishes the Supreme Court as the Territory’s *superior court of record* (the highest-level court whose records are permanently preserved), headed by the Chief Justice and other Judges, supported by Associate Judges and Registrars.\n- **Sets jurisdiction**: Gives the Court power to hear serious civil and criminal cases, disputes involving the Territory or Commonwealth governments, appeals from lower courts and tribunals, and applications for orders such as *injunctions* (court orders stopping someone from doing something) or *writs* (formal court commands).\n- **Court of Appeal**: Provides for a Court of Appeal, usually made up of three or more Judges, to hear appeals from decisions made by a single Judge or lower bodies.\n- **Powers and procedure**: Allows the Court to transfer cases to lower courts or tribunals if appropriate, conduct *mediation* (facilitated settlement discussions), issue documents electronically, hear evidence, award interest on judgments, and make rules governing court practice.\n- **Law and equity**: Ensures the Court can apply both common law (judge-made rules) and equitable principles (fairness-based remedies) together in the same case.\n- **Judicial officers**: Details how Judges and Associate Judges are appointed, their seniority, retirement ages (75 for Judges; 72 for Associate Judges), salaries, long service leave entitlements, how they can be removed (only after investigation for misbehaviour or incapacity), and the oaths they must take.\n\n**Who it affects and why it matters**\n\nAnyone involved in serious litigation (lawsuits) in the Northern Territory — including individuals, businesses, government bodies, and lawyers — is affected by this Act. It matters because it underpins the entire hierarchy of justice in the Territory, ensuring there is a final court to resolve significant disputes and oversee the fairness of the legal system."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's original purpose in 1979 was to create a new Supreme Court for the Northern Territory to replace the federal one. Over time, its scope has expanded significantly: it now includes detailed provisions for Associate Judges (added in 1990 and later expanded), mediation (2010), electronic court documents (2020), long service leave for judges (2023), and increased regulation of judicial conduct. The Act has grown from a simple court-establishing statute to a comprehensive code covering judicial appointment, disciplinary processes, court procedures, and judicial entitlements."},"complexity_factors":["Over 90 sections across multiple parts and divisions","Numerous cross-references to other Acts (e.g., Legal Profession Act, Personal Injuries Act, Judicial Commission Act)","Complex definitions section (s 9) with many defined terms like 'Court', 'Judge', 'Associate Judge', 'Full Court', 'proceeding'","Detailed and conditional provisions for changes in court constitution during proceedings (s 11A)","Layered appeal procedures with leave requirements and varying panel sizes (s 52, 53)","Extensive transitional and savings provisions (ss 88-91) referring to prior amendment Acts","Interaction with Rules of Court which are not fully stated in the Act","Division 5AA on long service leave for Judges with calculations and options","Concurrent administration of law and equity with references to 1873 UK Judicature Act","Multiple amendment Acts over 45 years result in patchwork of modifications"],"plain_english_summary":"This Act sets up the Supreme Court of the Northern Territory, which is the highest court in the Territory. It replaced the old federal Supreme Court established in 1961. The Act explains how the Court is structured, who works there (Judges, Associate Judges, Registrars), what kinds of cases it can hear (civil, criminal, appeals), and how it should operate. Key points include:\n\n- **Structure**: The Court has a Chief Justice, other Judges, and Associate Judges. They are appointed by the Administrator (the NT's representative of the Crown) and must have legal experience. Judges generally retire at 75, Associate Judges at 72.\n- **Jurisdiction**: The Court can hear serious civil and criminal cases, appeals from lower courts (like the Local Court), and disputes involving the Commonwealth or Territory. It also handles matters of equity (fairness) alongside common law.\n- **Appeals**: A special part of the Court called the Court of Appeal hears appeals from single judges. It usually consists of three judges.\n- **Practice**: The Court makes its own rules about how cases are run. It can use technology (like electronic documents) and can order mediation to help settle disputes without a full trial.\n- **Why it matters**: This Act ensures there is a properly functioning superior court in the NT, which is essential for upholding the rule of law, resolving serious disputes, and providing a check on government power. It affects anyone involved in significant legal matters in the Territory—individuals, businesses, and government bodies."}},"importantCases":[],"_links":{"self":"/api/acts/supreme-court-act-1979","history":"/api/acts/supreme-court-act-1979/history","analysis":"/api/acts/supreme-court-act-1979/analysis","conflicts":"/api/acts/supreme-court-act-1979/conflicts","importantCases":"/api/acts/supreme-court-act-1979/important-cases","documents":"/api/acts/supreme-court-act-1979/documents"}}