{"id":"qld:act-1991-068","name":"Supreme Court of Queensland Act 1991","slug":"supreme-court-of-queensland-act-1991","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"68 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104849,"registerId":"qld-act-1991-068-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Supreme Court of Queensland Act 1991 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Dictionary","content":"### sec.2 Dictionary\n\nThe dictionary in schedule 5 defines particular words used in this Act.\ns 2 orig s 2 amd 1995 No. 58 s 4 sch 1\nom R3 (see RA s 37)\nNote—prev s 2 contained definitions for this Act. Definitions are now located in schedule 2 (Dictionary).\npres s 2 ins 1998 No. 20 s 14","sortOrder":2},{"sectionNumber":"sec.2A","sectionType":"section","heading":null,"content":"### Section sec.2A\n\ns 2A ins 1995 No. 58 s 4 sch 1\namd 1997 No. 82 s 3 sch\nom 2011 No. 45 s 180","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Act binds all persons","content":"### sec.3 Act binds all persons\n\nThis Act binds all persons, including the State.\ns 3 sub 2011 No. 45 s 180","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"The court","content":"# The court","sortOrder":5},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Composition and jurisdiction","content":"## Composition and jurisdiction","sortOrder":6},{"sectionNumber":"sec.4","sectionType":"section","heading":"Composition of the court","content":"### sec.4 Composition of the court\n\nThe court consists of a Chief Justice, a President of the Court of Appeal, other judges of appeal, a Senior Judge Administrator, and the other judges appointed by the Governor in Council.\ns 4 prev s 4 om 2011 No. 45 s 180\npres s 4 ins 2011 No. 45 s 181","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Divisions of the court","content":"### sec.5 Divisions of the court\n\nThe court is divided into—\nthe office of the Chief Justice; and\n2 divisions, namely, the Court of Appeal and the Trial Division.\nThe Chief Justice may sit as, and exercise the powers and perform the functions of, a judge in either division of the court.\ns 5 prev s 5 om 1997 No. 38 s 104\npres s 5 ins 2011 No. 45 s 181\n(sec.5-ssec.1) The court is divided into— the office of the Chief Justice; and 2 divisions, namely, the Court of Appeal and the Trial Division.\n(sec.5-ssec.2) The Chief Justice may sit as, and exercise the powers and perform the functions of, a judge in either division of the court.\n- (a) the office of the Chief Justice; and\n- (b) 2 divisions, namely, the Court of Appeal and the Trial Division.","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Acting judges","content":"### sec.6 Acting judges\n\nIf a judge is or will be on leave, or otherwise absent, or is or will be, for any reason, unable to perform the functions of the office, the Governor in Council, after consultation between the Minister and the Chief Justice, may, by commission, appoint a person who is qualified to be appointed as a judge to act as a judge for the period (not longer than 6 months) stated in the commission.\nIf the Chief Justice certifies that it is desirable that 1 or more persons be appointed to act as a judge to assist in ensuring the orderly and expeditious exercise of the jurisdiction and powers of the court in the Trial Division, the Governor in Council may, by commission, appoint 1 or more persons, who is or are qualified to be appointed as a judge to act as a judge for the period (not longer than 6 months) stated in the commission or commissions.\nThe Governor in Council may, by commission, appoint either of the following persons to act as a judge for up to 1 year—\na person who is, or has been, a judge of the Supreme Court of another State or Territory;\na person who is, or has been, a judge of the Federal Court of Australia.\nThe Governor in Council may by commission appoint a retired Supreme Court judge to act as a judge—\nfor a period of not more than 2 years; and\non a full-time or sessional basis.\nThe Minister may recommend a retired Supreme Court judge for appointment under subsection (4) only after consultation with the Chief Justice.\nAn appointment under subsection (4) must not extend beyond the day the retired judge reaches 78 years of age.\nA person appointed to act as a judge under this section—\nmay be appointed more than once; and\nhas, for the period and subject to the conditions stated in the judge’s commission, the power and authority necessary to fulfil the duties of a judge.\nDespite subsection (6) , a retired Supreme Court judge who, before the judge’s commission ends, starts the hearing of a proceeding remains a judge for the purposes of finishing the proceeding.\nThe Governor in Council may decide the remuneration to be paid and provided in relation to a person, other than a retired Supreme Court Judge appointed under subsection (1) , (2) or (4) , who acts as a judge (not being less than the remuneration paid and provided to a judge).\nFor the remuneration of a retired Supreme Court judge who acts as a judge, see the Judicial Remuneration Act 2007 , section 5A .\nThe fact that a person who holds a commission to act as a judge sits and otherwise acts as a judge is sufficient evidence of the person’s authority to do so.\nA person who has acted as a judge may attend sittings of the court for the purpose of giving judgment in, or otherwise completing, a proceeding that was heard by the person while the person was acting as a judge, despite the fact that the person is no longer acting as a judge.\ns 6 prev s 6 om 2011 No. 45 s 180\npres s 6 ins 2011 No. 45 s 181\namd 2013 No. 35 s 169 ; 2024 No. 47 s 75B\n(sec.6-ssec.1) If a judge is or will be on leave, or otherwise absent, or is or will be, for any reason, unable to perform the functions of the office, the Governor in Council, after consultation between the Minister and the Chief Justice, may, by commission, appoint a person who is qualified to be appointed as a judge to act as a judge for the period (not longer than 6 months) stated in the commission.\n(sec.6-ssec.2) If the Chief Justice certifies that it is desirable that 1 or more persons be appointed to act as a judge to assist in ensuring the orderly and expeditious exercise of the jurisdiction and powers of the court in the Trial Division, the Governor in Council may, by commission, appoint 1 or more persons, who is or are qualified to be appointed as a judge to act as a judge for the period (not longer than 6 months) stated in the commission or commissions.\n(sec.6-ssec.3) The Governor in Council may, by commission, appoint either of the following persons to act as a judge for up to 1 year— a person who is, or has been, a judge of the Supreme Court of another State or Territory; a person who is, or has been, a judge of the Federal Court of Australia.\n(sec.6-ssec.4) The Governor in Council may by commission appoint a retired Supreme Court judge to act as a judge— for a period of not more than 2 years; and on a full-time or sessional basis.\n(sec.6-ssec.5) The Minister may recommend a retired Supreme Court judge for appointment under subsection (4) only after consultation with the Chief Justice.\n(sec.6-ssec.6) An appointment under subsection (4) must not extend beyond the day the retired judge reaches 78 years of age.\n(sec.6-ssec.7) A person appointed to act as a judge under this section— may be appointed more than once; and has, for the period and subject to the conditions stated in the judge’s commission, the power and authority necessary to fulfil the duties of a judge.\n(sec.6-ssec.8) Despite subsection (6) , a retired Supreme Court judge who, before the judge’s commission ends, starts the hearing of a proceeding remains a judge for the purposes of finishing the proceeding.\n(sec.6-ssec.9) The Governor in Council may decide the remuneration to be paid and provided in relation to a person, other than a retired Supreme Court Judge appointed under subsection (1) , (2) or (4) , who acts as a judge (not being less than the remuneration paid and provided to a judge). For the remuneration of a retired Supreme Court judge who acts as a judge, see the Judicial Remuneration Act 2007 , section 5A .\n(sec.6-ssec.10) The fact that a person who holds a commission to act as a judge sits and otherwise acts as a judge is sufficient evidence of the person’s authority to do so.\n(sec.6-ssec.11) A person who has acted as a judge may attend sittings of the court for the purpose of giving judgment in, or otherwise completing, a proceeding that was heard by the person while the person was acting as a judge, despite the fact that the person is no longer acting as a judge.\n- (a) a person who is, or has been, a judge of the Supreme Court of another State or Territory;\n- (b) a person who is, or has been, a judge of the Federal Court of Australia.\n- (a) for a period of not more than 2 years; and\n- (b) on a full-time or sessional basis.\n- (a) may be appointed more than once; and\n- (b) has, for the period and subject to the conditions stated in the judge’s commission, the power and authority necessary to fulfil the duties of a judge.","sortOrder":9},{"sectionNumber":"sec.6A","sectionType":"section","heading":"Reserve judges","content":"### sec.6A Reserve judges\n\nThe Governor in Council may, by commission, appoint as many reserve judges as are necessary for conducting the business of the court.\nFor the remuneration of a reserve judge engaged under section 6B , see the Judicial Remuneration Act 2007 , section 5A .\nA person is eligible for appointment as a reserve judge only if—\nthe person is a retired Supreme Court judge; or\nthe person has not reached 70 years of age and has been—\na judge of a supreme court of another State; or\na judge of the Federal Court of Australia.\nA reserve judge’s appointment ends on the earlier of—\nthe day, not more than 5 years after the appointment is made, stated in the person’s commission; or\nthe day the reserve judge reaches the age of—\nif the person is a retired Supreme Court judge—78 years; or\notherwise—70 years.\nHowever, despite subsection (3) , a reserve judge engaged under section 6B who, before the judge’s commission ends, starts the hearing of a proceeding, remains a reserve judge for the purposes of finishing the proceeding.\nA person may be re-appointed as a reserve judge.\ns 6A ins 2024 No. 47 s 75C\n(sec.6A-ssec.1) The Governor in Council may, by commission, appoint as many reserve judges as are necessary for conducting the business of the court. For the remuneration of a reserve judge engaged under section 6B , see the Judicial Remuneration Act 2007 , section 5A .\n(sec.6A-ssec.2) A person is eligible for appointment as a reserve judge only if— the person is a retired Supreme Court judge; or the person has not reached 70 years of age and has been— a judge of a supreme court of another State; or a judge of the Federal Court of Australia.\n(sec.6A-ssec.3) A reserve judge’s appointment ends on the earlier of— the day, not more than 5 years after the appointment is made, stated in the person’s commission; or the day the reserve judge reaches the age of— if the person is a retired Supreme Court judge—78 years; or otherwise—70 years.\n(sec.6A-ssec.4) However, despite subsection (3) , a reserve judge engaged under section 6B who, before the judge’s commission ends, starts the hearing of a proceeding, remains a reserve judge for the purposes of finishing the proceeding.\n(sec.6A-ssec.5) A person may be re-appointed as a reserve judge.\n- (a) the person is a retired Supreme Court judge; or\n- (b) the person has not reached 70 years of age and has been— (i) a judge of a supreme court of another State; or (ii) a judge of the Federal Court of Australia.\n- (i) a judge of a supreme court of another State; or\n- (ii) a judge of the Federal Court of Australia.\n- (i) a judge of a supreme court of another State; or\n- (ii) a judge of the Federal Court of Australia.\n- (a) the day, not more than 5 years after the appointment is made, stated in the person’s commission; or\n- (b) the day the reserve judge reaches the age of— (i) if the person is a retired Supreme Court judge—78 years; or (ii) otherwise—70 years.\n- (i) if the person is a retired Supreme Court judge—78 years; or\n- (ii) otherwise—70 years.\n- (i) if the person is a retired Supreme Court judge—78 years; or\n- (ii) otherwise—70 years.","sortOrder":10},{"sectionNumber":"sec.6B","sectionType":"section","heading":"Engagement of reserve judges","content":"### sec.6B Engagement of reserve judges\n\nThe chief justice may, from time to time, by notice in writing, engage a reserve judge to undertake the duties of a judge on a full-time or sessional basis.\nEach engagement under subsection (1) must not exceed 6 consecutive months.\nA reserve judge engaged under this section—\nmay be engaged more than once; and\nhas, subject to the conditions stated in the judge’s commission, the same powers, authority, immunities and protections as a judge.\nA period of engagement of a reserve judge under this section is not to be counted as service for the purposes of the Judges (Pensions and Long Leave) Act 1957 .\ns 6B ins 2024 No. 47 s 75C\n(sec.6B-ssec.1) The chief justice may, from time to time, by notice in writing, engage a reserve judge to undertake the duties of a judge on a full-time or sessional basis.\n(sec.6B-ssec.2) Each engagement under subsection (1) must not exceed 6 consecutive months.\n(sec.6B-ssec.3) A reserve judge engaged under this section— may be engaged more than once; and has, subject to the conditions stated in the judge’s commission, the same powers, authority, immunities and protections as a judge.\n(sec.6B-ssec.4) A period of engagement of a reserve judge under this section is not to be counted as service for the purposes of the Judges (Pensions and Long Leave) Act 1957 .\n- (a) may be engaged more than once; and\n- (b) has, subject to the conditions stated in the judge’s commission, the same powers, authority, immunities and protections as a judge.","sortOrder":11},{"sectionNumber":"sec.7","sectionType":"section","heading":"Jurisdiction not affected by vacancies","content":"### sec.7 Jurisdiction not affected by vacancies\n\nThe jurisdiction of the court, or of a division of the court, is not affected by a vacancy in any office in the court.\ns 7 prev s 7 om 2001 No. 80 s 94 sch 2\npres s 7 ins 2011 No. 45 s 181","sortOrder":12},{"sectionNumber":"sec.8","sectionType":"section","heading":"Business of the court","content":"### sec.8 Business of the court\n\nThe business of the court—\nis taken to be conducted in court wherever it is conducted; and\nis to be conducted in open court.\nHowever, subject to any Act, the court may, if the public interest or the interests of justice require, by order limit the extent to which the business of the court is open to the public.\ns 8 prev s 8 om 2001 No. 80 s 94 sch 2\npres s 8 ins 2011 No. 45 s 181\n(sec.8-ssec.1) The business of the court— is taken to be conducted in court wherever it is conducted; and is to be conducted in open court.\n(sec.8-ssec.2) However, subject to any Act, the court may, if the public interest or the interests of justice require, by order limit the extent to which the business of the court is open to the public.\n- (a) is taken to be conducted in court wherever it is conducted; and\n- (b) is to be conducted in open court.","sortOrder":13},{"sectionNumber":"sec.9","sectionType":"section","heading":"Court seal","content":"### sec.9 Court seal\n\nThe court is to have and use a seal with the words ‘Supreme Court of Queensland’.\nThe court may have other seals required for the business and administration of the court.\ns 9 sub 2011 No. 45 s 181\n(sec.9-ssec.1) The court is to have and use a seal with the words ‘Supreme Court of Queensland’.\n(sec.9-ssec.2) The court may have other seals required for the business and administration of the court.","sortOrder":14},{"sectionNumber":"sec.10","sectionType":"section","heading":"Jurisdiction of the court not impaired etc.","content":"### sec.10 Jurisdiction of the court not impaired etc.\n\nExcept as provided in this Act, this Act does not take away, lessen or impair any jurisdiction or power that was, immediately before the commencement of this section, vested in or capable of being exercised by the court or 1 or more judges.\ns 10 prev s 10 om 1997 No. 38 s 105\npres s 10 ins 2011 No. 45 s 181","sortOrder":15},{"sectionNumber":"sec.11","sectionType":"section","heading":"Effect of repeal of Supreme Court Act 1995","content":"### sec.11 Effect of repeal of Supreme Court Act 1995\n\nThe repeal of the Supreme Court Act 1995 (the 1995 Act ) does not affect the jurisdiction of the Supreme Court that may have been derived from the 1995 Act or any of the Act s referred to in the 1995 Act and the Supreme Court retains all the jurisdiction and power that may have been derived from the 1995 Act or any of the Act s referred to in the 1995 Act.\nThe repeal of the 1995 Act does not affect anything done or suffered under the provisions of the 1995 Act before the repeal.\nThe repeal of the 1995 Act does not affect the validity or consequences of anything done or suffered, or any right, title, obligation or liability already acquired, accrued or any remedy or proceeding in relation to the thing, right, title, obligation or liability.\nThe repeal of the 1995 Act does not affect any principle or rule of law or equity or revive jurisdiction.\nThis section does not limit the operation of the Acts Interpretation Act 1954 , section 20 .\ns 11 amd 1997 No. 38 s 106\nsub 2011 No. 45 s 181\n(sec.11-ssec.1) The repeal of the Supreme Court Act 1995 (the 1995 Act ) does not affect the jurisdiction of the Supreme Court that may have been derived from the 1995 Act or any of the Act s referred to in the 1995 Act and the Supreme Court retains all the jurisdiction and power that may have been derived from the 1995 Act or any of the Act s referred to in the 1995 Act.\n(sec.11-ssec.2) The repeal of the 1995 Act does not affect anything done or suffered under the provisions of the 1995 Act before the repeal.\n(sec.11-ssec.3) The repeal of the 1995 Act does not affect the validity or consequences of anything done or suffered, or any right, title, obligation or liability already acquired, accrued or any remedy or proceeding in relation to the thing, right, title, obligation or liability.\n(sec.11-ssec.4) The repeal of the 1995 Act does not affect any principle or rule of law or equity or revive jurisdiction.\n(sec.11-ssec.5) This section does not limit the operation of the Acts Interpretation Act 1954 , section 20 .","sortOrder":16},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Office of Chief Justice","content":"## Office of Chief Justice","sortOrder":17},{"sectionNumber":"sec.12","sectionType":"section","heading":"Appointment of Chief Justice","content":"### sec.12 Appointment of Chief Justice\n\nThe Governor in Council may, by commission, appoint a judge to be Chief Justice.\nSee the Constitution of Queensland 2001 , section 59 (Appointment of judges) for the oath or affirmation requirement.\nA judge may be appointed as Chief Justice either at the time of the person’s appointment as a judge or at any time afterwards.\ns 12 ins 1993 No. 20 s 3\nsub 2001 No. 80 s 94 sch 2 ; 2011 No. 45 s 181\n(sec.12-ssec.1) The Governor in Council may, by commission, appoint a judge to be Chief Justice. See the Constitution of Queensland 2001 , section 59 (Appointment of judges) for the oath or affirmation requirement.\n(sec.12-ssec.2) A judge may be appointed as Chief Justice either at the time of the person’s appointment as a judge or at any time afterwards.","sortOrder":18},{"sectionNumber":"sec.12A","sectionType":"section","heading":null,"content":"### Section sec.12A\n\ns 12A ins 2001 No. 80 s 94 sch 2\nom 2011 No. 45 s 181","sortOrder":19},{"sectionNumber":"sec.13","sectionType":"section","heading":"Chief Justice continues in office while judge","content":"### sec.13 Chief Justice continues in office while judge\n\nThe Chief Justice holds office as Chief Justice while the person holds office as a judge.\nThe Chief Justice may resign office as Chief Justice without resigning office as a judge.\ns 13 sub 2011 No. 45 s 181\n(sec.13-ssec.1) The Chief Justice holds office as Chief Justice while the person holds office as a judge.\n(sec.13-ssec.2) The Chief Justice may resign office as Chief Justice without resigning office as a judge.","sortOrder":20},{"sectionNumber":"sec.13A","sectionType":"section","heading":null,"content":"### Section sec.13A\n\ns 13A ins 1997 No. 38 s 107\nom 2011 No. 45 s 181","sortOrder":21},{"sectionNumber":"sec.14","sectionType":"section","heading":"Title of Chief Justice","content":"### sec.14 Title of Chief Justice\n\nThe Chief Justice is called the Chief Justice of Queensland.\ns 14 amd 1997 No. 38 s 108 ; 2000 No. 58 s 2 sch\nsub 2011 No. 45 s 181","sortOrder":22},{"sectionNumber":"sec.15","sectionType":"section","heading":"Administrative responsibility of Chief Justice","content":"### sec.15 Administrative responsibility of Chief Justice\n\nWithout limiting the responsibilities, functions or powers of the Chief Justice, the Chief Justice, subject to this Act, is responsible for the administration of the Supreme Court and its divisions and the orderly and expeditious exercise of the court’s jurisdiction and power.\nSubject to this Act, the Chief Justice has power to do all things necessary or convenient to be done to perform responsibilities under subsection (1) .\ns 15 sub 2011 No. 45 s 181\n(sec.15-ssec.1) Without limiting the responsibilities, functions or powers of the Chief Justice, the Chief Justice, subject to this Act, is responsible for the administration of the Supreme Court and its divisions and the orderly and expeditious exercise of the court’s jurisdiction and power.\n(sec.15-ssec.2) Subject to this Act, the Chief Justice has power to do all things necessary or convenient to be done to perform responsibilities under subsection (1) .","sortOrder":23},{"sectionNumber":"sec.16","sectionType":"section","heading":"Sittings","content":"### sec.16 Sittings\n\nThe Chief Justice is to decide—\nwhen and where the Supreme Court is to sit; and\nthe way notice of when and where the Supreme Court is to sit may be given.\ns 16 amd 1997 No. 38 s 109\nsub 2011 No. 45 s 181\n- (a) when and where the Supreme Court is to sit; and\n- (b) the way notice of when and where the Supreme Court is to sit may be given.","sortOrder":24},{"sectionNumber":"sec.17","sectionType":"section","heading":"Practice directions","content":"### sec.17 Practice directions\n\nThe Chief Justice may make practice directions for the Supreme Court.\nSubsection (1) does not affect any inherent or other power to make practice directions.\nTo remove any doubt, it is declared that a practice direction is not subordinate legislation.\ns 17 prev s 17 om 1997 No. 38 s 110\npres s 17 ins 2011 No. 45 s 181\n(sec.17-ssec.1) The Chief Justice may make practice directions for the Supreme Court.\n(sec.17-ssec.2) Subsection (1) does not affect any inherent or other power to make practice directions.\n(sec.17-ssec.3) To remove any doubt, it is declared that a practice direction is not subordinate legislation.","sortOrder":25},{"sectionNumber":"sec.18","sectionType":"section","heading":"Supreme Court precincts","content":"### sec.18 Supreme Court precincts\n\nSubject to this Act, the Chief Justice has power to do all things necessary or convenient to be done for the control and management of the Supreme Court precincts, including power to obtain, grant, prohibit or limit access to and from the precincts or part of the precincts.\nFor subsection (1) , a reference to the Supreme Court precincts includes a reference to court precincts part of which are occupied by the Supreme Court.\ns 18 prev s 18 om 1997 No. 38 s 110\npres s 18 ins 2011 No. 45 s 181\n(sec.18-ssec.1) Subject to this Act, the Chief Justice has power to do all things necessary or convenient to be done for the control and management of the Supreme Court precincts, including power to obtain, grant, prohibit or limit access to and from the precincts or part of the precincts.\n(sec.18-ssec.2) For subsection (1) , a reference to the Supreme Court precincts includes a reference to court precincts part of which are occupied by the Supreme Court.","sortOrder":26},{"sectionNumber":"sec.19","sectionType":"section","heading":"Annual report","content":"### sec.19 Annual report\n\nAs soon as practicable after the end of each financial year, but within 4 months after the end of the financial year, the Chief Justice must prepare and give to the Minister a written report about the operation of the Supreme Court during the year.\nThe Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.\ns 19 prev s 19 om 1997 No. 38 s 110\npres s 19 ins 2011 No. 45 s 181\n(sec.19-ssec.1) As soon as practicable after the end of each financial year, but within 4 months after the end of the financial year, the Chief Justice must prepare and give to the Minister a written report about the operation of the Supreme Court during the year.\n(sec.19-ssec.2) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.","sortOrder":27},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Provisions relating to judges generally","content":"## Provisions relating to judges generally","sortOrder":28},{"sectionNumber":"sec.20","sectionType":"section","heading":"Power to act throughout State","content":"### sec.20 Power to act throughout State\n\nA judge has power to act in any part of the State.\ns 20 prev s 20 om 1997 No. 38 s 110\npres s 20 ins 2011 No. 45 s 181","sortOrder":29},{"sectionNumber":"sec.21","sectionType":"section","heading":"Retirement of judges","content":"### sec.21 Retirement of judges\n\nA judge must retire on reaching 70 years of age.\nDespite subsection (1) —\na judge who, before retiring, whether or not because of subsection (1) , starts the hearing of a proceeding remains a judge for the purposes of finishing the proceeding; and\na retired Supreme Court judge appointed to act as a judge under section 6 (4) remains a judge until the judge’s appointment ends.\ns 21 amd 1997 No. 38 s 111\nsub 2011 No. 45 s 181\namd 2013 No. 35 s 170\n(sec.21-ssec.1) A judge must retire on reaching 70 years of age.\n(sec.21-ssec.2) Despite subsection (1) — a judge who, before retiring, whether or not because of subsection (1) , starts the hearing of a proceeding remains a judge for the purposes of finishing the proceeding; and a retired Supreme Court judge appointed to act as a judge under section 6 (4) remains a judge until the judge’s appointment ends.\n- (a) a judge who, before retiring, whether or not because of subsection (1) , starts the hearing of a proceeding remains a judge for the purposes of finishing the proceeding; and\n- (b) a retired Supreme Court judge appointed to act as a judge under section 6 (4) remains a judge until the judge’s appointment ends.","sortOrder":30},{"sectionNumber":"sec.22","sectionType":"section","heading":"Accepting and holding other public offices","content":"### sec.22 Accepting and holding other public offices\n\nSubject to this section, a judge may accept and hold another public office.\nA judge who accepts another public office—\nmust immediately notify the Attorney-General in writing; and\nmust immediately resign the other public office if the Governor in Council decides, after consultation between the Attorney-General and the Chief Justice, that the holding of that office, or the conditions on which it is held, would be inconsistent with the proper discharge of the office of a judge.\nA judge may receive remuneration in relation to the acceptance or holding of another public office only with the approval of the Governor in Council.\nIn this section—\npublic office includes—\nan office or appointment granted or made by the Government of the Commonwealth, another State or a Territory; and\nan office or appointment in or in relation to a university or other educational institution, a hospital or a charitable institution.\ns 22 amd 1997 No. 38 s 112\nsub 2011 No. 45 s 181\n(sec.22-ssec.1) Subject to this section, a judge may accept and hold another public office.\n(sec.22-ssec.2) A judge who accepts another public office— must immediately notify the Attorney-General in writing; and must immediately resign the other public office if the Governor in Council decides, after consultation between the Attorney-General and the Chief Justice, that the holding of that office, or the conditions on which it is held, would be inconsistent with the proper discharge of the office of a judge.\n(sec.22-ssec.3) A judge may receive remuneration in relation to the acceptance or holding of another public office only with the approval of the Governor in Council.\n(sec.22-ssec.4) In this section— public office includes— an office or appointment granted or made by the Government of the Commonwealth, another State or a Territory; and an office or appointment in or in relation to a university or other educational institution, a hospital or a charitable institution.\n- (a) must immediately notify the Attorney-General in writing; and\n- (b) must immediately resign the other public office if the Governor in Council decides, after consultation between the Attorney-General and the Chief Justice, that the holding of that office, or the conditions on which it is held, would be inconsistent with the proper discharge of the office of a judge.\n- (a) an office or appointment granted or made by the Government of the Commonwealth, another State or a Territory; and\n- (b) an office or appointment in or in relation to a university or other educational institution, a hospital or a charitable institution.","sortOrder":31},{"sectionNumber":"sec.23","sectionType":"section","heading":"Judicial office subject to Constitution of Queensland 2001","content":"### sec.23 Judicial office subject to Constitution of Queensland 2001\n\nA provision of this Act that provides for a judge or judge of appeal to hold another judicial office while the person holds office as a judge or judge of appeal is subject to the Constitution of Queensland 2001 , section 61 .\nConstitution of Queensland 2001 , section 61 (Removal from office for misbehaviour or incapacity)\ns 23 amd 1997 No. 38 s 113 ; 2002 No. 34 s 66\nsub 2011 No. 45 s 181","sortOrder":32},{"sectionNumber":"sec.24","sectionType":"section","heading":"Seniority","content":"### sec.24 Seniority\n\nThe Chief Justice is senior to all other judges of the court.\nThe President of the Court of Appeal is senior to all other judges of the court apart from the Chief Justice.\nJudges of appeal have seniority after the President of the Court of Appeal, and have seniority in relation to each other according to the dates of their commissions as judges of appeal.\nIf the commissions of 2 or more judges of appeal have the same date, the judges of appeal have seniority in relation to each other according to the seniority assigned by their commissions or, in the absence of such an assignment, according to the order of their being sworn in.\nThe Senior Judge Administrator has seniority after the judges of appeal.\nThe remaining judges have seniority in relation to each other according to the dates of their commissions.\nIf the commissions of 2 or more judges have the same date, the judges have seniority in relation to each other according to the seniority assigned by their commissions or, in the absence of such an assignment, according to the order of their being sworn in.\nIn subsections (6) and (7) , a reference to a judge includes a judge who has ceased to be the Senior Judge Administrator.\ns 24 prev s 24 om 1997 No. 38 s 114\npres s 24 ins 2011 No. 45 s 181\n(sec.24-ssec.1) The Chief Justice is senior to all other judges of the court.\n(sec.24-ssec.2) The President of the Court of Appeal is senior to all other judges of the court apart from the Chief Justice.\n(sec.24-ssec.3) Judges of appeal have seniority after the President of the Court of Appeal, and have seniority in relation to each other according to the dates of their commissions as judges of appeal.\n(sec.24-ssec.4) If the commissions of 2 or more judges of appeal have the same date, the judges of appeal have seniority in relation to each other according to the seniority assigned by their commissions or, in the absence of such an assignment, according to the order of their being sworn in.\n(sec.24-ssec.5) The Senior Judge Administrator has seniority after the judges of appeal.\n(sec.24-ssec.6) The remaining judges have seniority in relation to each other according to the dates of their commissions.\n(sec.24-ssec.7) If the commissions of 2 or more judges have the same date, the judges have seniority in relation to each other according to the seniority assigned by their commissions or, in the absence of such an assignment, according to the order of their being sworn in.\n(sec.24-ssec.8) In subsections (6) and (7) , a reference to a judge includes a judge who has ceased to be the Senior Judge Administrator.","sortOrder":33},{"sectionNumber":"sec.25","sectionType":"section","heading":"Temporary judicial office holders","content":"### sec.25 Temporary judicial office holders\n\nWhen—\nthe office of Chief Justice, President of the Court of Appeal or Senior Judge Administrator is vacant; or\nthe Chief Justice, the President of the Court of Appeal or the Senior Judge Administrator is, for any reason, unable to discharge the person’s office;\nthe next most senior judge, who is willing, is to act in the office.\nWhen the Chief Justice, the President of the Court of Appeal or the Senior Judge Administrator is on leave or otherwise absent or is, for any other reason, unable to perform all of the ordinary functions of the person’s office, the next most senior judge, who is willing, is to perform the functions of the office that the person is unable to perform.\nWhile a judge is performing functions of a more senior judicial office, then, to the extent necessary—\nthe judge has all the powers and functions of the office; and\nthis Act and other Acts apply to the judge as if the judge were the holder of the office.\nThe same applies if a judge is acting in a more senior judicial office— Acts Interpretation Act 1954 , section 24B (8) .\nThe fact that a judge acts in, or performs functions of, a more senior judicial office is sufficient evidence of the judge’s authority to do so.\nAnything done by a judge in purporting to act in, or perform functions of, a more senior judicial office is not invalid merely because the occasion for the judge to act in, or perform functions of, the office had not arisen or had ceased.\ns 25 prev s 25 om 2001 No. 80 s 94 sch 2\npres s 25 ins 2011 No. 45 s 181\n(sec.25-ssec.1) When— the office of Chief Justice, President of the Court of Appeal or Senior Judge Administrator is vacant; or the Chief Justice, the President of the Court of Appeal or the Senior Judge Administrator is, for any reason, unable to discharge the person’s office; the next most senior judge, who is willing, is to act in the office.\n(sec.25-ssec.2) When the Chief Justice, the President of the Court of Appeal or the Senior Judge Administrator is on leave or otherwise absent or is, for any other reason, unable to perform all of the ordinary functions of the person’s office, the next most senior judge, who is willing, is to perform the functions of the office that the person is unable to perform.\n(sec.25-ssec.3) While a judge is performing functions of a more senior judicial office, then, to the extent necessary— the judge has all the powers and functions of the office; and this Act and other Acts apply to the judge as if the judge were the holder of the office. The same applies if a judge is acting in a more senior judicial office— Acts Interpretation Act 1954 , section 24B (8) .\n(sec.25-ssec.4) The fact that a judge acts in, or performs functions of, a more senior judicial office is sufficient evidence of the judge’s authority to do so.\n(sec.25-ssec.5) Anything done by a judge in purporting to act in, or perform functions of, a more senior judicial office is not invalid merely because the occasion for the judge to act in, or perform functions of, the office had not arisen or had ceased.\n- (a) the office of Chief Justice, President of the Court of Appeal or Senior Judge Administrator is vacant; or\n- (b) the Chief Justice, the President of the Court of Appeal or the Senior Judge Administrator is, for any reason, unable to discharge the person’s office;\n- (a) the judge has all the powers and functions of the office; and\n- (b) this Act and other Acts apply to the judge as if the judge were the holder of the office.","sortOrder":34},{"sectionNumber":"sec.26","sectionType":"section","heading":"Entitlements of temporary judicial office holders","content":"### sec.26 Entitlements of temporary judicial office holders\n\nSubject to subsection (2) , a judge who acts in, or performs functions of, a more senior judicial office under section 25 or 39 is not entitled to receive additional remuneration for doing so.\nThe Governor in Council may decide that a judge who acts in, or performs functions of, a more senior judicial office under section 25 or 39 is to receive specific additional remuneration (not being more than the remuneration of the office concerned) for doing so.\ns 26 amd 1997 No. 38 s 115\nsub 2011 No. 45 s 181\n(sec.26-ssec.1) Subject to subsection (2) , a judge who acts in, or performs functions of, a more senior judicial office under section 25 or 39 is not entitled to receive additional remuneration for doing so.\n(sec.26-ssec.2) The Governor in Council may decide that a judge who acts in, or performs functions of, a more senior judicial office under section 25 or 39 is to receive specific additional remuneration (not being more than the remuneration of the office concerned) for doing so.","sortOrder":35},{"sectionNumber":"sec.27","sectionType":"section","heading":"Protection for administrative acts","content":"### sec.27 Protection for administrative acts\n\nA judge has, in the performance or exercise of an administrative function or power conferred on the judge under an Act, the same protection and immunity as a judge has in a judicial proceeding in the court.\ns 27 sub 2011 No. 45 s 181","sortOrder":36},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":null,"content":"","sortOrder":37},{"sectionNumber":"sec.27AA","sectionType":"section","heading":null,"content":"### Section sec.27AA\n\ns 27AA ins 1999 No. 66 s 35\nom 2011 No. 45 s 181","sortOrder":38},{"sectionNumber":"sec.27A","sectionType":"section","heading":null,"content":"### Section sec.27A\n\ns 27A ins 1998 No. 20 s 15\nom 2007 No. 37 s 153","sortOrder":39},{"sectionNumber":"sec.27B","sectionType":"section","heading":null,"content":"### Section sec.27B\n\ns 27B ins 1998 No. 20 s 15\nom 2007 No. 37 s 153","sortOrder":40},{"sectionNumber":"sec.27C","sectionType":"section","heading":null,"content":"### Section sec.27C\n\ns 27C ins 1998 No. 20 s 15\nom 2007 No. 37 s 153","sortOrder":41},{"sectionNumber":"sec.27D","sectionType":"section","heading":null,"content":"### Section sec.27D\n\ns 27D ins 1998 No. 20 s 15\nom 2007 No. 37 s 153","sortOrder":42},{"sectionNumber":"sec.27E","sectionType":"section","heading":null,"content":"### Section sec.27E\n\ns 27E ins 1998 No. 20 s 15\nom 2007 No. 37 s 153","sortOrder":43},{"sectionNumber":"sec.27F","sectionType":"section","heading":null,"content":"### Section sec.27F\n\ns 27F ins 1998 No. 20 s 15\nom 2007 No. 37 s 153","sortOrder":44},{"sectionNumber":"pt.3","sectionType":"part","heading":"The Court of Appeal","content":"# The Court of Appeal","sortOrder":45},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Composition, jurisdiction and powers","content":"## Composition, jurisdiction and powers","sortOrder":46},{"sectionNumber":"sec.28","sectionType":"section","heading":"Composition","content":"### sec.28 Composition\n\nThe Court of Appeal consists of—\nthe President of the Court of Appeal; and\nat least 3, but no more than 5, other judges of appeal.\ns 28 amd 2011 No. 45 s 182\n- (a) the President of the Court of Appeal; and\n- (b) at least 3, but no more than 5, other judges of appeal.","sortOrder":47},{"sectionNumber":"sec.29","sectionType":"section","heading":"Jurisdiction and powers","content":"### sec.29 Jurisdiction and powers\n\nSubject to this Act, the Court of Appeal has jurisdiction to hear and determine all matters that, immediately before the commencement of this section, the Full Court had jurisdiction to hear and determine.\nThe Court of Appeal has such additional jurisdiction as is conferred on it by or under this Act, another Act or a Commonwealth Act.\nThe Court of Appeal may, in proceedings before it, exercise every jurisdiction or power of the court, whether at law or in equity or under any Act, Commonwealth Act or Imperial Act.\n(sec.29-ssec.1) Subject to this Act, the Court of Appeal has jurisdiction to hear and determine all matters that, immediately before the commencement of this section, the Full Court had jurisdiction to hear and determine.\n(sec.29-ssec.2) The Court of Appeal has such additional jurisdiction as is conferred on it by or under this Act, another Act or a Commonwealth Act.\n(sec.29-ssec.3) The Court of Appeal may, in proceedings before it, exercise every jurisdiction or power of the court, whether at law or in equity or under any Act, Commonwealth Act or Imperial Act.","sortOrder":48},{"sectionNumber":"sec.30","sectionType":"section","heading":"Way in which court may be constituted","content":"### sec.30 Way in which court may be constituted\n\nSubject to this Act, any 3 or more judges of appeal constitute, and may exercise all the jurisdiction and powers of, the Court of Appeal.\nMore than 1 Court of Appeal may sit at the same time.\nWhen more than 1 Court of Appeal is sitting at the same time, each may exercise the jurisdiction and powers of the Court of Appeal.\nA rule of court may provide that the jurisdiction and powers of the Court of Appeal may, in particular kinds of proceedings, be exercised by fewer than 3 judges of appeal.\ns 30 amd 1995 No. 58 s 4 sch 1 ; 1997 No. 38 s 116\n(sec.30-ssec.1) Subject to this Act, any 3 or more judges of appeal constitute, and may exercise all the jurisdiction and powers of, the Court of Appeal.\n(sec.30-ssec.2) More than 1 Court of Appeal may sit at the same time.\n(sec.30-ssec.3) When more than 1 Court of Appeal is sitting at the same time, each may exercise the jurisdiction and powers of the Court of Appeal.\n(sec.30-ssec.4) A rule of court may provide that the jurisdiction and powers of the Court of Appeal may, in particular kinds of proceedings, be exercised by fewer than 3 judges of appeal.","sortOrder":49},{"sectionNumber":"sec.31","sectionType":"section","heading":"Constitution of court if 1 judge of appeal unable to continue","content":"### sec.31 Constitution of court if 1 judge of appeal unable to continue\n\nIf—\nafter the Court of Appeal (including the court constituted under this section) has started the hearing, or further hearing, of a proceeding; and\n1 of the judges constituting the court dies, resigns as a judge, or is certified as incapable of sitting before the proceeding has been determined;\nthe hearing and determination of the proceeding may be finished by the remaining judges if at least 2 judges remain.\nA judge is certified as incapable of sitting if the Chief Justice or the President of the Court of Appeal has issued a certificate stating that the judge is incapable of sitting whether temporarily or otherwise.\nThe Court of Appeal constituted under this section may have regard to any evidence given or received, and arguments adduced, by or before the Court of Appeal as previously constituted.\nAny question in the proceeding is to be decided in the same way, and the judgment of the Court of Appeal constituted under this section has the same force and effect, as if the court were not constituted under this section.\ns 31 amd 2005 No. 70 s 162 ; 2011 No. 45 s 183\n(sec.31-ssec.1) If— after the Court of Appeal (including the court constituted under this section) has started the hearing, or further hearing, of a proceeding; and 1 of the judges constituting the court dies, resigns as a judge, or is certified as incapable of sitting before the proceeding has been determined; the hearing and determination of the proceeding may be finished by the remaining judges if at least 2 judges remain.\n(sec.31-ssec.2) A judge is certified as incapable of sitting if the Chief Justice or the President of the Court of Appeal has issued a certificate stating that the judge is incapable of sitting whether temporarily or otherwise.\n(sec.31-ssec.3) The Court of Appeal constituted under this section may have regard to any evidence given or received, and arguments adduced, by or before the Court of Appeal as previously constituted.\n(sec.31-ssec.4) Any question in the proceeding is to be decided in the same way, and the judgment of the Court of Appeal constituted under this section has the same force and effect, as if the court were not constituted under this section.\n- (a) after the Court of Appeal (including the court constituted under this section) has started the hearing, or further hearing, of a proceeding; and\n- (b) 1 of the judges constituting the court dies, resigns as a judge, or is certified as incapable of sitting before the proceeding has been determined;","sortOrder":50},{"sectionNumber":"sec.32","sectionType":"section","heading":"Arrangement of business of Court of Appeal","content":"### sec.32 Arrangement of business of Court of Appeal\n\nSubject to section 15 , the President of the Court of Appeal is responsible for the administration of the Court of Appeal and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the Court of Appeal.\nSubject to this Act, the President has power to do all things necessary or convenient to be done for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the Court of Appeal.\ns 32 amd 1995 No. 58 s 4 sch 1 ; 1997 No. 38 s 117 ; 2011 No. 45 s 184\n(sec.32-ssec.1) Subject to section 15 , the President of the Court of Appeal is responsible for the administration of the Court of Appeal and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the Court of Appeal.\n(sec.32-ssec.2) Subject to this Act, the President has power to do all things necessary or convenient to be done for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the Court of Appeal.","sortOrder":51},{"sectionNumber":"sec.33","sectionType":"section","heading":"Annual report","content":"### sec.33 Annual report\n\nAs soon as practicable after the end of each financial year, but within 2 months after the end of the financial year, the President of the Court of Appeal must prepare and give to the Chief Justice a written report about the operation of the Court of Appeal during the year.\nThe report must be prepared in consultation with the other judges of appeal, other than the judges of appeal who are absent from duty or otherwise unavailable.\ns 33 ins 1997 No. 38 s 118\n(sec.33-ssec.1) As soon as practicable after the end of each financial year, but within 2 months after the end of the financial year, the President of the Court of Appeal must prepare and give to the Chief Justice a written report about the operation of the Court of Appeal during the year.\n(sec.33-ssec.2) The report must be prepared in consultation with the other judges of appeal, other than the judges of appeal who are absent from duty or otherwise unavailable.","sortOrder":52},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Judges of appeal","content":"## Judges of appeal","sortOrder":53},{"sectionNumber":"sec.34","sectionType":"section","heading":"Appointment","content":"### sec.34 Appointment\n\nThe Governor in Council may, by commission, appoint a judge to be a judge of appeal.\nSee the Constitution of Queensland 2001 , section 59 (Appointment of judges) for the oath or affirmation requirement.\nA judge may be appointed to be a judge of appeal either at the time of the person’s appointment as a judge or at any time afterwards.\ns 34 amd 2001 No. 80 s 94 sch 2\n(sec.34-ssec.1) The Governor in Council may, by commission, appoint a judge to be a judge of appeal. See the Constitution of Queensland 2001 , section 59 (Appointment of judges) for the oath or affirmation requirement.\n(sec.34-ssec.2) A judge may be appointed to be a judge of appeal either at the time of the person’s appointment as a judge or at any time afterwards.","sortOrder":54},{"sectionNumber":"sec.35","sectionType":"section","heading":"Judge of appeal continues to be judge","content":"### sec.35 Judge of appeal continues to be judge\n\nA judge of appeal continues to be a judge, and may, with the consent of the Chief Justice, sit as, and exercise any of the powers of, a judge in the Trial Division.\ns 35 amd 1997 No. 38 s 119","sortOrder":55},{"sectionNumber":"sec.36","sectionType":"section","heading":"Judge of appeal continues in office while judge","content":"### sec.36 Judge of appeal continues in office while judge\n\nA judge of appeal holds office as a judge of appeal while the person holds office as a judge.\nA judge of appeal may resign office as a judge of appeal without resigning office as a judge.\n(sec.36-ssec.1) A judge of appeal holds office as a judge of appeal while the person holds office as a judge.\n(sec.36-ssec.2) A judge of appeal may resign office as a judge of appeal without resigning office as a judge.","sortOrder":56},{"sectionNumber":"sec.37","sectionType":"section","heading":"Appointment of President","content":"### sec.37 Appointment of President\n\nThe Governor in Council may, by commission, appoint a judge of appeal to be the President of the Court of Appeal.\nA judge of appeal may be appointed as the President of the Court of Appeal either at the time of the person’s appointment as a judge of appeal or at any time afterwards.\nTo remove any doubt, it is declared that the Governor in Council may act under section 34 and this section to appoint a judge, or a person qualified to be appointed as a judge, as the President of the Court of Appeal.\ns 37 amd 1997 No. 38 s 120 ; 2001 No. 80 s 94 sch 2 ; 2011 No. 45 s 185\n(sec.37-ssec.1) The Governor in Council may, by commission, appoint a judge of appeal to be the President of the Court of Appeal.\n(sec.37-ssec.2) A judge of appeal may be appointed as the President of the Court of Appeal either at the time of the person’s appointment as a judge of appeal or at any time afterwards.\n(sec.37-ssec.3) To remove any doubt, it is declared that the Governor in Council may act under section 34 and this section to appoint a judge, or a person qualified to be appointed as a judge, as the President of the Court of Appeal.","sortOrder":57},{"sectionNumber":"sec.38","sectionType":"section","heading":"President continues in office while judge of appeal","content":"### sec.38 President continues in office while judge of appeal\n\nThe President of the Court of Appeal holds office as President while the person holds office as a judge of appeal.\nThe President may resign office as President without resigning office as a judge of appeal.\ns 38 prev s 38 om 1997 No. 38 s 121\n(sec.38-ssec.1) The President of the Court of Appeal holds office as President while the person holds office as a judge of appeal.\n(sec.38-ssec.2) The President may resign office as President without resigning office as a judge of appeal.","sortOrder":58},{"sectionNumber":"sec.39","sectionType":"section","heading":"Additional judges of appeal","content":"### sec.39 Additional judges of appeal\n\nIf a judge of appeal is on leave, or otherwise absent, or is, for any reason, unable to perform the functions of the office, the Governor in Council, after consultation between the Minister and the Chief Justice, may, by commission, appoint a judge to act as an additional judge of appeal for such period (not longer than 6 months) as is specified in the commission.\nA judge who is willing to act as an additional judge of appeal for a particular period, or for the purposes of a particular proceeding, may so act if the Chief Justice directs it.\nWhile a judge is acting as a judge of appeal—\nthe judge has all the powers and functions of a judge of appeal; and\nthis Act and other Acts apply to the judge as if the judge were a judge of appeal.\nThe fact that a judge sits and otherwise acts as an additional judge of appeal is sufficient evidence of the judge’s authority to do so.\nAnything done by or in relation to a judge while the judge is purporting to act as judge of appeal is not invalid merely because the occasion for the judge to act had not arisen or had ceased.\nA judge who has acted as an additional judge of appeal may attend sittings of the Court of Appeal for the purpose of giving judgment in, or otherwise completing, a proceeding that was heard by the Court of Appeal while the judge was acting, despite the fact that the judge is no longer a judge of appeal.\ns 39 amd 1997 No. 38 s 122\n(sec.39-ssec.1) If a judge of appeal is on leave, or otherwise absent, or is, for any reason, unable to perform the functions of the office, the Governor in Council, after consultation between the Minister and the Chief Justice, may, by commission, appoint a judge to act as an additional judge of appeal for such period (not longer than 6 months) as is specified in the commission.\n(sec.39-ssec.2) A judge who is willing to act as an additional judge of appeal for a particular period, or for the purposes of a particular proceeding, may so act if the Chief Justice directs it.\n(sec.39-ssec.3) While a judge is acting as a judge of appeal— the judge has all the powers and functions of a judge of appeal; and this Act and other Acts apply to the judge as if the judge were a judge of appeal.\n(sec.39-ssec.4) The fact that a judge sits and otherwise acts as an additional judge of appeal is sufficient evidence of the judge’s authority to do so.\n(sec.39-ssec.5) Anything done by or in relation to a judge while the judge is purporting to act as judge of appeal is not invalid merely because the occasion for the judge to act had not arisen or had ceased.\n(sec.39-ssec.6) A judge who has acted as an additional judge of appeal may attend sittings of the Court of Appeal for the purpose of giving judgment in, or otherwise completing, a proceeding that was heard by the Court of Appeal while the judge was acting, despite the fact that the judge is no longer a judge of appeal.\n- (a) the judge has all the powers and functions of a judge of appeal; and\n- (b) this Act and other Acts apply to the judge as if the judge were a judge of appeal.","sortOrder":59},{"sectionNumber":"sec.40","sectionType":"section","heading":"Disqualification of judge of appeal","content":"### sec.40 Disqualification of judge of appeal\n\nA judge must not sit in judgment on the hearing of an appeal from a judgment given, or an order made, by the judge.\ns 40 (prev s 70) renum and reloc 2011 No. 45 s 194","sortOrder":60},{"sectionNumber":"sec.41","sectionType":"section","heading":"Presiding judge of appeal","content":"### sec.41 Presiding judge of appeal\n\nAt a sitting of the Court of Appeal at which the Chief Justice is present, the Chief Justice is to preside.\nAt a sitting of the Court of Appeal at which the Chief Justice is not present, the President of the Court of Appeal is to preside.\nAt a sitting of the Court of Appeal at which neither the Chief Justice nor the President of the Court of Appeal is present, the senior judge of appeal present is to preside.\n(sec.41-ssec.1) At a sitting of the Court of Appeal at which the Chief Justice is present, the Chief Justice is to preside.\n(sec.41-ssec.2) At a sitting of the Court of Appeal at which the Chief Justice is not present, the President of the Court of Appeal is to preside.\n(sec.41-ssec.3) At a sitting of the Court of Appeal at which neither the Chief Justice nor the President of the Court of Appeal is present, the senior judge of appeal present is to preside.","sortOrder":61},{"sectionNumber":"sec.42","sectionType":"section","heading":"Decision","content":"### sec.42 Decision\n\nThe decision of the Court of Appeal is to be in accordance with—\nif the judges present at the hearing are equally divided in opinion—the opinion of the judge who, at the start of the hearing, was the most senior judge; or\notherwise—the opinion of the majority of judges present at the hearing.\ns 42 sub 2005 No. 70 s 163\n- (a) if the judges present at the hearing are equally divided in opinion—the opinion of the judge who, at the start of the hearing, was the most senior judge; or\n- (b) otherwise—the opinion of the majority of judges present at the hearing.","sortOrder":62},{"sectionNumber":"sec.43","sectionType":"section","heading":"Reserved judgments","content":"### sec.43 Reserved judgments\n\nIf a proceeding is set down for judgment, it is not necessary for all or any of the judges of appeal before whom it was heard to be present in court when the judgment is pronounced.\nThe opinion of any of the judges of appeal may be reduced to writing and may be made public by any judge of appeal at a sitting of the Court of Appeal at which judgment in the proceeding is pronounced.\nA question in the proceeding is to be decided in the same way, and the judgment of the Court of Appeal has the same effect, as if each judge of appeal whose opinion is so made public had been present in court and declared his or her opinion in person.\nFor the purpose of pronouncing judgment under this section, the Court of Appeal may be constituted by a single judge of appeal who need not have been present at the hearing.\ns 43 amd 2011 No. 45 s 186\n(sec.43-ssec.1) If a proceeding is set down for judgment, it is not necessary for all or any of the judges of appeal before whom it was heard to be present in court when the judgment is pronounced.\n(sec.43-ssec.2) The opinion of any of the judges of appeal may be reduced to writing and may be made public by any judge of appeal at a sitting of the Court of Appeal at which judgment in the proceeding is pronounced.\n(sec.43-ssec.3) A question in the proceeding is to be decided in the same way, and the judgment of the Court of Appeal has the same effect, as if each judge of appeal whose opinion is so made public had been present in court and declared his or her opinion in person.\n(sec.43-ssec.4) For the purpose of pronouncing judgment under this section, the Court of Appeal may be constituted by a single judge of appeal who need not have been present at the hearing.","sortOrder":63},{"sectionNumber":"sec.44","sectionType":"section","heading":"Powers of judge of appeal","content":"### sec.44 Powers of judge of appeal\n\nA judge of appeal may exercise the powers of the Court of Appeal—\nto give a judgment by consent or make an order by consent; and\nto dismiss an appeal or other proceeding for want of prosecution or for other cause specified in an Act or a rule of court about the practices and procedures of the Court of Appeal; and\nto dismiss an appeal or other proceeding on the application of the appellant, applicant or plaintiff; and\nto deal with matters incidental to the matters mentioned in paragraphs (a) to (c) .\nA judge of appeal may exercise the powers of the Court of Appeal—\nto make an order or give a direction concerning the institution of an appeal or other proceeding in the Court of Appeal; or\nto make an order or give a direction in an appeal or other proceeding, other than an order or direction involving the determination or decision of the appeal or other proceeding.\nSubsection (2) does not limit the powers that a judge of appeal may exercise under subsection (1) .\nThe Court of Appeal may discharge or vary—\na judgment given by a judge of appeal; or\nan order made or direction given by a judge of appeal.\nSubject to subsection (4) , a judgment, order or direction given or made by a judge of appeal has effect as a judgment, order or direction of the Court of Appeal, whether or not the judgment, order or direction is within the powers of the judge of appeal under this section.\ns 44 prev s 44 amd 2001 No. 80 s 94 sch 2 ; 2007 No. 55 s 54 sch 1\nom 2011 No. 45 s 187\npres s 44 amd 1995 No. 58 s 4 sch 1 ; 1997 No. 38 s 123\n(sec.44-ssec.1) A judge of appeal may exercise the powers of the Court of Appeal— to give a judgment by consent or make an order by consent; and to dismiss an appeal or other proceeding for want of prosecution or for other cause specified in an Act or a rule of court about the practices and procedures of the Court of Appeal; and to dismiss an appeal or other proceeding on the application of the appellant, applicant or plaintiff; and to deal with matters incidental to the matters mentioned in paragraphs (a) to (c) .\n(sec.44-ssec.2) A judge of appeal may exercise the powers of the Court of Appeal— to make an order or give a direction concerning the institution of an appeal or other proceeding in the Court of Appeal; or to make an order or give a direction in an appeal or other proceeding, other than an order or direction involving the determination or decision of the appeal or other proceeding.\n(sec.44-ssec.3) Subsection (2) does not limit the powers that a judge of appeal may exercise under subsection (1) .\n(sec.44-ssec.4) The Court of Appeal may discharge or vary— a judgment given by a judge of appeal; or an order made or direction given by a judge of appeal.\n(sec.44-ssec.5) Subject to subsection (4) , a judgment, order or direction given or made by a judge of appeal has effect as a judgment, order or direction of the Court of Appeal, whether or not the judgment, order or direction is within the powers of the judge of appeal under this section.\n- (a) to give a judgment by consent or make an order by consent; and\n- (b) to dismiss an appeal or other proceeding for want of prosecution or for other cause specified in an Act or a rule of court about the practices and procedures of the Court of Appeal; and\n- (c) to dismiss an appeal or other proceeding on the application of the appellant, applicant or plaintiff; and\n- (d) to deal with matters incidental to the matters mentioned in paragraphs (a) to (c) .\n- (a) to make an order or give a direction concerning the institution of an appeal or other proceeding in the Court of Appeal; or\n- (b) to make an order or give a direction in an appeal or other proceeding, other than an order or direction involving the determination or decision of the appeal or other proceeding.\n- (a) a judgment given by a judge of appeal; or\n- (b) an order made or direction given by a judge of appeal.","sortOrder":64},{"sectionNumber":"sec.44A","sectionType":"section","heading":null,"content":"### Section sec.44A\n\ns 44A ins 1997 No. 38 s 124\nom 2007 No. 55 s 54 sch 1","sortOrder":65},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":null,"content":"","sortOrder":66},{"sectionNumber":"pt.4","sectionType":"part","heading":"The Trial Division","content":"# The Trial Division","sortOrder":67},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Jurisdiction and powers","content":"## Jurisdiction and powers","sortOrder":68},{"sectionNumber":"sec.45","sectionType":"section","heading":"Composition, jurisdiction and powers of Trial Division","content":"### sec.45 Composition, jurisdiction and powers of Trial Division\n\nThe Trial Division of the court consists of the judges of the court other than the Chief Justice, the President of the Court of Appeal and the other judges of appeal.\nThe jurisdiction and powers of the court that are not required to be exercised only by the Court of Appeal may be exercised by the court in the Trial Division.\ns 45 prev s 45 om 2011 No. 45 s 187\npres s 45 amd 1992 No. 40 s 163 sch 1\n(sec.45-ssec.1) The Trial Division of the court consists of the judges of the court other than the Chief Justice, the President of the Court of Appeal and the other judges of appeal.\n(sec.45-ssec.2) The jurisdiction and powers of the court that are not required to be exercised only by the Court of Appeal may be exercised by the court in the Trial Division.","sortOrder":69},{"sectionNumber":"sec.46","sectionType":"section","heading":"Single judge to constitute the court","content":"### sec.46 Single judge to constitute the court\n\nAll proceedings in the Trial Division are to be heard and disposed of before a single judge.\nFor those proceedings, the judge constitutes, and is to exercise all the jurisdiction and powers of, the court.\nThe court may be constituted at any place.\nThis section does not affect the hearing and disposal of proceedings before a registrar or other officer of the court in accordance with an Act or the rules.\nThis section does not affect any right to trial by jury under an Act, the rules or a practice of the court.\ns 46 prev s 46 amd R4 (see RA s 38)\nom 1997 No. 38 s 125\npres s 46 amd 1998 No. 20 s 16 ; 2007 No. 37 s 154 ; 2011 No. 45 s 188\n(sec.46-ssec.1) All proceedings in the Trial Division are to be heard and disposed of before a single judge.\n(sec.46-ssec.2) For those proceedings, the judge constitutes, and is to exercise all the jurisdiction and powers of, the court.\n(sec.46-ssec.3) The court may be constituted at any place.\n(sec.46-ssec.4) This section does not affect the hearing and disposal of proceedings before a registrar or other officer of the court in accordance with an Act or the rules.\n(sec.46-ssec.5) This section does not affect any right to trial by jury under an Act, the rules or a practice of the court.","sortOrder":70},{"sectionNumber":"sec.47","sectionType":"section","heading":"Application if original judge unable to continue","content":"### sec.47 Application if original judge unable to continue\n\nThis section applies if—\na judge (the original judge ) starts the hearing of a civil or criminal proceeding; and\nbefore the proceeding has been determined, the original judge dies or resigns as a judge, or is certified as incapable of sitting.\nFor the Court of Appeal, see section 31 (Constitution of court if 1 judge of appeal unable to continue).\nFor subsection (1) , a judge is certified as incapable of sitting if the Chief Justice or Senior Judge Administrator has issued a certificate (an incapacity certificate ) stating the judge is incapable of sitting, whether temporarily or otherwise.\nA party to the proceeding may apply to the court for directions as to the determination of the proceeding.\nOn its own initiative or on an application under this section, the court may—\nif there is an incapacity certificate stating the original judge is temporarily incapable of sitting—\nadjourn the proceeding to enable the original judge to complete the hearing and determination of the proceeding; or\norder that the proceeding be heard and determined afresh; or\nin any other case—\norder that the proceeding be heard and determined afresh; or\nmake any other order it considers appropriate.\nIf the court orders that a proceeding be heard and determined afresh, the court may make an order it considers appropriate to facilitate the hearing and determination.\nWithout limiting the orders that may be made under subsection (5) , the court may make an order that any order, or ruling or finding made by the original judge, be set aside.\nThe court hearing and determining a proceeding afresh because of an order under this section may make the order it considers appropriate about the costs of the first hearing.\ns 47 prev s 47 om 1997 No. 38 s 125\npres s 47 ins 2011 No. 45 s 189\n(sec.47-ssec.1) This section applies if— a judge (the original judge ) starts the hearing of a civil or criminal proceeding; and before the proceeding has been determined, the original judge dies or resigns as a judge, or is certified as incapable of sitting. For the Court of Appeal, see section 31 (Constitution of court if 1 judge of appeal unable to continue).\n(sec.47-ssec.2) For subsection (1) , a judge is certified as incapable of sitting if the Chief Justice or Senior Judge Administrator has issued a certificate (an incapacity certificate ) stating the judge is incapable of sitting, whether temporarily or otherwise.\n(sec.47-ssec.3) A party to the proceeding may apply to the court for directions as to the determination of the proceeding.\n(sec.47-ssec.4) On its own initiative or on an application under this section, the court may— if there is an incapacity certificate stating the original judge is temporarily incapable of sitting— adjourn the proceeding to enable the original judge to complete the hearing and determination of the proceeding; or order that the proceeding be heard and determined afresh; or in any other case— order that the proceeding be heard and determined afresh; or make any other order it considers appropriate.\n(sec.47-ssec.5) If the court orders that a proceeding be heard and determined afresh, the court may make an order it considers appropriate to facilitate the hearing and determination.\n(sec.47-ssec.6) Without limiting the orders that may be made under subsection (5) , the court may make an order that any order, or ruling or finding made by the original judge, be set aside.\n(sec.47-ssec.7) The court hearing and determining a proceeding afresh because of an order under this section may make the order it considers appropriate about the costs of the first hearing.\n- (a) a judge (the original judge ) starts the hearing of a civil or criminal proceeding; and\n- (b) before the proceeding has been determined, the original judge dies or resigns as a judge, or is certified as incapable of sitting.\n- (a) if there is an incapacity certificate stating the original judge is temporarily incapable of sitting— (i) adjourn the proceeding to enable the original judge to complete the hearing and determination of the proceeding; or (ii) order that the proceeding be heard and determined afresh; or\n- (i) adjourn the proceeding to enable the original judge to complete the hearing and determination of the proceeding; or\n- (ii) order that the proceeding be heard and determined afresh; or\n- (b) in any other case— (i) order that the proceeding be heard and determined afresh; or (ii) make any other order it considers appropriate.\n- (i) order that the proceeding be heard and determined afresh; or\n- (ii) make any other order it considers appropriate.\n- (i) adjourn the proceeding to enable the original judge to complete the hearing and determination of the proceeding; or\n- (ii) order that the proceeding be heard and determined afresh; or\n- (i) order that the proceeding be heard and determined afresh; or\n- (ii) make any other order it considers appropriate.","sortOrder":71},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Senior Judge Administrator and other judges","content":"## Senior Judge Administrator and other judges","sortOrder":72},{"sectionNumber":"sec.48","sectionType":"section","heading":"Appointment of Senior Judge Administrator","content":"### sec.48 Appointment of Senior Judge Administrator\n\nThe Governor in Council may, by commission, appoint a judge to be Senior Judge Administrator.\nSee the Constitution of Queensland 2001 , section 59 (Appointment of judges) for the oath or affirmation requirement.\nThe appointment of a Senior Judge Administrator may be for a term (not less than 5 years) specified in the commission.\nA judge may be appointed Senior Judge Administrator either at the time of the person’s appointment as a judge or at any time afterwards.\ns 48 orig s 48 om 1994 No. 24 s 3 (1) sch\nprev s 48 (prev s 49) renum 1995 No. 23 s 7\nom 1997 No. 38 s 125\npres s 48 amd 1997 No. 38 s 127 ; 2001 No. 80 s 94 sch 2\n(sec.48-ssec.1) The Governor in Council may, by commission, appoint a judge to be Senior Judge Administrator. See the Constitution of Queensland 2001 , section 59 (Appointment of judges) for the oath or affirmation requirement.\n(sec.48-ssec.2) The appointment of a Senior Judge Administrator may be for a term (not less than 5 years) specified in the commission.\n(sec.48-ssec.3) A judge may be appointed Senior Judge Administrator either at the time of the person’s appointment as a judge or at any time afterwards.","sortOrder":73},{"sectionNumber":"sec.49","sectionType":"section","heading":"Senior Judge Administrator continues to be judge","content":"### sec.49 Senior Judge Administrator continues to be judge\n\nThe Senior Judge Administrator continues to be a judge, and may sit as, and exercise any of the powers of, a judge.\ns 49 prev s 49 amd 1996 No. 37 s 147 sch 2\nom 1997 No. 38 s 125","sortOrder":74},{"sectionNumber":"sec.50","sectionType":"section","heading":"Senior Judge Administrator continues in office while judge","content":"### sec.50 Senior Judge Administrator continues in office while judge\n\nSubject to subsection (2) , the Senior Judge Administrator holds office as Senior Judge Administrator while the person holds office as a judge.\nA person who is the Senior Judge Administrator vacates the office—\nif the person is appointed as Chief Justice, President of the Court of Appeal or another judge of appeal; or\nif the person was appointed as Senior Judge Administrator for a specified term—when the term ends.\nThe Senior Judge Administrator may resign office as Senior Judge Administrator without resigning office as a judge.\ns 50 prev s 50 om 1997 No. 38 s 125\n(sec.50-ssec.1) Subject to subsection (2) , the Senior Judge Administrator holds office as Senior Judge Administrator while the person holds office as a judge.\n(sec.50-ssec.2) A person who is the Senior Judge Administrator vacates the office— if the person is appointed as Chief Justice, President of the Court of Appeal or another judge of appeal; or if the person was appointed as Senior Judge Administrator for a specified term—when the term ends.\n(sec.50-ssec.3) The Senior Judge Administrator may resign office as Senior Judge Administrator without resigning office as a judge.\n- (a) if the person is appointed as Chief Justice, President of the Court of Appeal or another judge of appeal; or\n- (b) if the person was appointed as Senior Judge Administrator for a specified term—when the term ends.","sortOrder":75},{"sectionNumber":"sec.51","sectionType":"section","heading":"Arrangement of business of Trial Division","content":"### sec.51 Arrangement of business of Trial Division\n\nSubject to section 15 , the Senior Judge Administrator is responsible to the Chief Justice for the administration of the court in the Trial Division and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the court in the Trial Division.\nSubject to this Act and other Acts, the Senior Judge Administrator has power to do all things necessary or convenient to be done for the administration of the court in the Trial Division and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the court in the Trial Division.\ns 51 prev s 51 sub 1994 No. 24 s 3 (1) sch\nom 1997 No. 38 s 125\npres s 51 amd R1 (see RA s 37); 1997 No. 38 s 128 ; 2011 No. 45 s 190\n(sec.51-ssec.1) Subject to section 15 , the Senior Judge Administrator is responsible to the Chief Justice for the administration of the court in the Trial Division and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the court in the Trial Division.\n(sec.51-ssec.2) Subject to this Act and other Acts, the Senior Judge Administrator has power to do all things necessary or convenient to be done for the administration of the court in the Trial Division and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the court in the Trial Division.","sortOrder":76},{"sectionNumber":"sec.52","sectionType":"section","heading":"Annual report","content":"### sec.52 Annual report\n\nAs soon as practicable after the end of each financial year, but within 2 months after the end of the financial year, the Senior Judge Administrator must prepare and give to the Chief Justice a written report about the operation of the Trial Division during the year.\nThe report must be prepared in consultation with the other judges of the Trial Division, other than the judges who are absent from duty or otherwise unavailable.\ns 52 orig s 52 om 1994 No. 24 s 3 (1) sch\nprev s 52 sub 1994 No. 24 s 3 (1) sch\nom 1997 No. 38 s 125\npres s 52 sub 1997 No. 38 s 129\n(sec.52-ssec.1) As soon as practicable after the end of each financial year, but within 2 months after the end of the financial year, the Senior Judge Administrator must prepare and give to the Chief Justice a written report about the operation of the Trial Division during the year.\n(sec.52-ssec.2) The report must be prepared in consultation with the other judges of the Trial Division, other than the judges who are absent from duty or otherwise unavailable.","sortOrder":77},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Regions and districts","content":"## Regions and districts","sortOrder":78},{"sectionNumber":"sec.53","sectionType":"section","heading":"Regions","content":"### sec.53 Regions\n\nThere are to be 4 regions of the court.\nThe regions are to be called the Southern Region, the Central Region, the Northern Region and the Far Northern Region.\nThe Southern Region is the area of the State other than the Central Region, Northern Region or Far Northern Region.\nThe Central Region is the area described in schedule 2 .\nThe Northern Region is the area described in schedule 3 other than the Far Northern Region.\nThe Far Northern Region is the area of the State that is the Supreme Court district containing Cairns.\ns 53 orig s 53 om 1994 No. 24 s 3 (1) sch\nprev s 53 amd 1992 No. 40 s 163 sch 1\nom 1997 No. 38 s 125\npres s 53 ins 2011 No. 45 s 191\n(sec.53-ssec.1) There are to be 4 regions of the court.\n(sec.53-ssec.2) The regions are to be called the Southern Region, the Central Region, the Northern Region and the Far Northern Region.\n(sec.53-ssec.3) The Southern Region is the area of the State other than the Central Region, Northern Region or Far Northern Region.\n(sec.53-ssec.4) The Central Region is the area described in schedule 2 .\n(sec.53-ssec.5) The Northern Region is the area described in schedule 3 other than the Far Northern Region.\n(sec.53-ssec.6) The Far Northern Region is the area of the State that is the Supreme Court district containing Cairns.","sortOrder":79},{"sectionNumber":"sec.54","sectionType":"section","heading":"Central Region","content":"### sec.54 Central Region\n\nOne of the judges of the court must be called the Central Judge.\nThe Governor in Council may, by commission, appoint a judge of the Trial Division to be the Central Judge.\nA judge may be appointed as the Central Judge when appointed as a judge or at any time afterwards.\nThe Central Judge must reside in the Central Region.\nSittings of the Trial Division must be held within the Central Region.\nSubject to sections 15 and 51 , the Central Judge is responsible for the orderly and expeditious exercise within the Central Region of the jurisdiction of the court in the Trial Division.\nsections 15 (Administrative responsibility of Chief Justice) and 51 (Arrangement of business of Trial Division)\nTo the extent necessary or convenient for the exercise of the court’s jurisdiction in the Central Region, a reference to Brisbane in any Act relating to the court, including a reference to a thing being done at Brisbane, is taken, if otherwise appropriate, to be a reference to Rockhampton.\ns 54 prev s 54 om 1997 No. 38 s 125\npres s 54 ins 2011 No. 45 s 191\n(sec.54-ssec.1) One of the judges of the court must be called the Central Judge.\n(sec.54-ssec.2) The Governor in Council may, by commission, appoint a judge of the Trial Division to be the Central Judge.\n(sec.54-ssec.3) A judge may be appointed as the Central Judge when appointed as a judge or at any time afterwards.\n(sec.54-ssec.4) The Central Judge must reside in the Central Region.\n(sec.54-ssec.5) Sittings of the Trial Division must be held within the Central Region.\n(sec.54-ssec.6) Subject to sections 15 and 51 , the Central Judge is responsible for the orderly and expeditious exercise within the Central Region of the jurisdiction of the court in the Trial Division. sections 15 (Administrative responsibility of Chief Justice) and 51 (Arrangement of business of Trial Division)\n(sec.54-ssec.7) To the extent necessary or convenient for the exercise of the court’s jurisdiction in the Central Region, a reference to Brisbane in any Act relating to the court, including a reference to a thing being done at Brisbane, is taken, if otherwise appropriate, to be a reference to Rockhampton.","sortOrder":80},{"sectionNumber":"sec.55","sectionType":"section","heading":"Northern Region","content":"### sec.55 Northern Region\n\nOne of the judges of the court must be called the Northern Judge.\nThe Governor in Council may, by commission, appoint a judge of the Trial Division to be the Northern Judge.\nA judge may be appointed as the Northern Judge when appointed as a judge or at any time afterwards.\nThe Northern Judge must reside in the Northern Region.\nSittings of the Trial Division must be held within the Northern Region.\nSubject to sections 15 and 51 , the Northern Judge is responsible for the orderly and expeditious exercise within the Northern Region of the jurisdiction of the court in the Trial Division.\nTo the extent necessary or convenient for the exercise of the court’s jurisdiction in the Northern Region, a reference to Brisbane in any Act relating to the court, including a reference to a thing being done at Brisbane, is taken, if otherwise appropriate, to be a reference to Townsville.\ns 55 ins 2011 No. 45 s 191\n(sec.55-ssec.1) One of the judges of the court must be called the Northern Judge.\n(sec.55-ssec.2) The Governor in Council may, by commission, appoint a judge of the Trial Division to be the Northern Judge.\n(sec.55-ssec.3) A judge may be appointed as the Northern Judge when appointed as a judge or at any time afterwards.\n(sec.55-ssec.4) The Northern Judge must reside in the Northern Region.\n(sec.55-ssec.5) Sittings of the Trial Division must be held within the Northern Region.\n(sec.55-ssec.6) Subject to sections 15 and 51 , the Northern Judge is responsible for the orderly and expeditious exercise within the Northern Region of the jurisdiction of the court in the Trial Division.\n(sec.55-ssec.7) To the extent necessary or convenient for the exercise of the court’s jurisdiction in the Northern Region, a reference to Brisbane in any Act relating to the court, including a reference to a thing being done at Brisbane, is taken, if otherwise appropriate, to be a reference to Townsville.","sortOrder":81},{"sectionNumber":"sec.56","sectionType":"section","heading":"Far Northern Region","content":"### sec.56 Far Northern Region\n\nOne of the judges of the court must be called the Far Northern Judge.\nThe Governor in Council may, by commission, appoint a judge of the Trial Division to be the Far Northern Judge.\nA judge of the Trial Division may be appointed as the Far Northern Judge when appointed as a judge or at any time afterwards.\nThe Far Northern Judge must reside in the Far Northern Region.\nSittings of the Trial Division must be held within the Far Northern Region.\nSubject to sections 15 and 51 , the Far Northern Judge is responsible for the orderly and expeditious exercise within the Far Northern Region of the jurisdiction of the court in the Trial Division.\nTo the extent necessary or convenient for the exercise of the court’s jurisdiction in the Far Northern Region, a reference to Brisbane in any Act relating to the court, including a reference to a thing being done at Brisbane, is taken, if otherwise appropriate, to be a reference to Cairns.\ns 56 ins 2011 No. 45 s 191\n(sec.56-ssec.1) One of the judges of the court must be called the Far Northern Judge.\n(sec.56-ssec.2) The Governor in Council may, by commission, appoint a judge of the Trial Division to be the Far Northern Judge.\n(sec.56-ssec.3) A judge of the Trial Division may be appointed as the Far Northern Judge when appointed as a judge or at any time afterwards.\n(sec.56-ssec.4) The Far Northern Judge must reside in the Far Northern Region.\n(sec.56-ssec.5) Sittings of the Trial Division must be held within the Far Northern Region.\n(sec.56-ssec.6) Subject to sections 15 and 51 , the Far Northern Judge is responsible for the orderly and expeditious exercise within the Far Northern Region of the jurisdiction of the court in the Trial Division.\n(sec.56-ssec.7) To the extent necessary or convenient for the exercise of the court’s jurisdiction in the Far Northern Region, a reference to Brisbane in any Act relating to the court, including a reference to a thing being done at Brisbane, is taken, if otherwise appropriate, to be a reference to Cairns.","sortOrder":82},{"sectionNumber":"sec.57","sectionType":"section","heading":"Districts","content":"### sec.57 Districts\n\nThere are to be districts of the court.\nEach district is to consist of the Magistrates Court districts prescribed under a regulation.\nEach district is to take its name from the place where the court ordinarily sits in that district.\ns 57 ins 2011 No. 45 s 191\n(sec.57-ssec.1) There are to be districts of the court.\n(sec.57-ssec.2) Each district is to consist of the Magistrates Court districts prescribed under a regulation.\n(sec.57-ssec.3) Each district is to take its name from the place where the court ordinarily sits in that district.","sortOrder":83},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Commercial and other lists","content":"## Commercial and other lists","sortOrder":84},{"sectionNumber":"sec.58","sectionType":"section","heading":"Court may maintain lists","content":"### sec.58 Court may maintain lists\n\nIn exercising its power to control its own process, the court may maintain lists of particular proceedings by reference to subject matter, including a commercial list.\ns 58 ins 2011 No. 45 s 191","sortOrder":85},{"sectionNumber":"sec.59","sectionType":"section","heading":"No appeal from entry on a list","content":"### sec.59 No appeal from entry on a list\n\nThere is no appeal from an order entering a proceeding on a list of particular proceedings.\ns 59 ins 2011 No. 45 s 191","sortOrder":86},{"sectionNumber":"sec.60","sectionType":"section","heading":"Commercial list proceeding","content":"### sec.60 Commercial list proceeding\n\nThis section applies to a proceeding on the commercial list.\nIf the parties to the proceeding agree, the judgment of the court is final and not subject to appeal.\nThe court may order that the proceeding be tried without a jury.\ns 60 ins 2011 No. 45 s 191\n(sec.60-ssec.1) This section applies to a proceeding on the commercial list.\n(sec.60-ssec.2) If the parties to the proceeding agree, the judgment of the court is final and not subject to appeal.\n(sec.60-ssec.3) The court may order that the proceeding be tried without a jury.","sortOrder":87},{"sectionNumber":"pt.5","sectionType":"part","heading":"Removal and remission","content":"# Removal and remission","sortOrder":88},{"sectionNumber":"sec.61","sectionType":"section","heading":"Removal and remission","content":"### sec.61 Removal and remission\n\nIf a proceeding is started in another court, but is a proceeding that is required to be heard and determined only by the Court of Appeal—\nthe proceeding is taken to have been duly started when it was started in the other court; and\nthe Court of Appeal may, on application by a party or of its own motion, order that the proceeding be removed into the Court of Appeal; and\non an order being made under paragraph (b) , the proceeding must be continued and disposed of in the Court of Appeal; and\nsubject to any order under paragraph (b) , the proceeding may be continued and disposed of in the other court.\nIf a proceeding is started in the Court of Appeal, but is a proceeding that the Court of Appeal considers could be more conveniently heard and determined in another court—\nthe proceeding is taken to have been duly started when it was started in the Court of Appeal; and\nthe Court of Appeal may, on application by a party or of its own motion, order that the proceeding be remitted to the other court; and\non an order for remission being made under paragraph (b) , the proceeding must be continued and disposed of in the other court; and\nsubject to any order under paragraph (b) , the proceeding may be continued and disposed of in the Court of Appeal.\nIf a proceeding is pending before the Court of Appeal, the Court of Appeal may, on application by a party or of its own motion, order that the whole or a part of the proceeding be remitted to another court for the determination (by trial or otherwise) of the proceeding or any question of fact or law arising in the proceeding.\nSubject to section 62 , the Court of Appeal may accept any determination of the other court in whole or part.\nIf a proceeding (whether by way of appeal or otherwise), or a proceeding on a stated case (other than a case stated by another court), is started in the other court—\nthe Court of Appeal, if satisfied that special circumstances exist that make it desirable to do so, may, on application by a party or of its own motion, order that the proceeding be removed into the Court of Appeal; and\non an order being made under paragraph (a) , the proceeding must be continued and disposed of in the Court of Appeal.\nA proceeding may be removed into the Court of Appeal under this section despite any decision or determination in the proceeding being expressed by an Act to be final or without appeal.\nIn this section—\nanother court means the Trial Division or a District Court.\ns 61 amd 1992 No. 40 s 163 sch 1 ; 1997 No. 38 s 130\n(sec.61-ssec.1) If a proceeding is started in another court, but is a proceeding that is required to be heard and determined only by the Court of Appeal— the proceeding is taken to have been duly started when it was started in the other court; and the Court of Appeal may, on application by a party or of its own motion, order that the proceeding be removed into the Court of Appeal; and on an order being made under paragraph (b) , the proceeding must be continued and disposed of in the Court of Appeal; and subject to any order under paragraph (b) , the proceeding may be continued and disposed of in the other court.\n(sec.61-ssec.2) If a proceeding is started in the Court of Appeal, but is a proceeding that the Court of Appeal considers could be more conveniently heard and determined in another court— the proceeding is taken to have been duly started when it was started in the Court of Appeal; and the Court of Appeal may, on application by a party or of its own motion, order that the proceeding be remitted to the other court; and on an order for remission being made under paragraph (b) , the proceeding must be continued and disposed of in the other court; and subject to any order under paragraph (b) , the proceeding may be continued and disposed of in the Court of Appeal.\n(sec.61-ssec.3) If a proceeding is pending before the Court of Appeal, the Court of Appeal may, on application by a party or of its own motion, order that the whole or a part of the proceeding be remitted to another court for the determination (by trial or otherwise) of the proceeding or any question of fact or law arising in the proceeding.\n(sec.61-ssec.4) Subject to section 62 , the Court of Appeal may accept any determination of the other court in whole or part.\n(sec.61-ssec.5) If a proceeding (whether by way of appeal or otherwise), or a proceeding on a stated case (other than a case stated by another court), is started in the other court— the Court of Appeal, if satisfied that special circumstances exist that make it desirable to do so, may, on application by a party or of its own motion, order that the proceeding be removed into the Court of Appeal; and on an order being made under paragraph (a) , the proceeding must be continued and disposed of in the Court of Appeal.\n(sec.61-ssec.6) A proceeding may be removed into the Court of Appeal under this section despite any decision or determination in the proceeding being expressed by an Act to be final or without appeal.\n(sec.61-ssec.7) In this section— another court means the Trial Division or a District Court.\n- (a) the proceeding is taken to have been duly started when it was started in the other court; and\n- (b) the Court of Appeal may, on application by a party or of its own motion, order that the proceeding be removed into the Court of Appeal; and\n- (c) on an order being made under paragraph (b) , the proceeding must be continued and disposed of in the Court of Appeal; and\n- (d) subject to any order under paragraph (b) , the proceeding may be continued and disposed of in the other court.\n- (a) the proceeding is taken to have been duly started when it was started in the Court of Appeal; and\n- (b) the Court of Appeal may, on application by a party or of its own motion, order that the proceeding be remitted to the other court; and\n- (c) on an order for remission being made under paragraph (b) , the proceeding must be continued and disposed of in the other court; and\n- (d) subject to any order under paragraph (b) , the proceeding may be continued and disposed of in the Court of Appeal.\n- (a) the Court of Appeal, if satisfied that special circumstances exist that make it desirable to do so, may, on application by a party or of its own motion, order that the proceeding be removed into the Court of Appeal; and\n- (b) on an order being made under paragraph (a) , the proceeding must be continued and disposed of in the Court of Appeal.","sortOrder":89},{"sectionNumber":"pt.6","sectionType":"part","heading":"Appeals to Court of Appeal","content":"# Appeals to Court of Appeal","sortOrder":90},{"sectionNumber":"sec.62","sectionType":"section","heading":"Appeal in proceedings in the court","content":"### sec.62 Appeal in proceedings in the court\n\nSubject to this and any other Act, an appeal lies to the Court of Appeal from—\nany judgment or order of the court in the Trial Division; and\nwithout limiting paragraph (a) —\na judgment or order of the court in the Trial Division made under this Act; and\nany opinion, decision, direction or determination of the court in the Trial Division on a stated case; and\nany determination of the court in the Trial Division or the District Court in a proceeding remitted under section 61 .\nSubject to an Act, a rule of court may provide that leave to appeal is required in proceedings specified in the rule.\ns 62 prev s 62 om 1997 No. 38 s 129\npres s 62 amd 1995 No. 58 s 4 sch 1 ; 1997 No. 38 s 131 ; 2011 No. 45 s 192\n(sec.62-ssec.1) Subject to this and any other Act, an appeal lies to the Court of Appeal from— any judgment or order of the court in the Trial Division; and without limiting paragraph (a) — a judgment or order of the court in the Trial Division made under this Act; and any opinion, decision, direction or determination of the court in the Trial Division on a stated case; and any determination of the court in the Trial Division or the District Court in a proceeding remitted under section 61 .\n(sec.62-ssec.2) Subject to an Act, a rule of court may provide that leave to appeal is required in proceedings specified in the rule.\n- (a) any judgment or order of the court in the Trial Division; and\n- (b) without limiting paragraph (a) — (i) a judgment or order of the court in the Trial Division made under this Act; and (ii) any opinion, decision, direction or determination of the court in the Trial Division on a stated case; and (iii) any determination of the court in the Trial Division or the District Court in a proceeding remitted under section 61 .\n- (i) a judgment or order of the court in the Trial Division made under this Act; and\n- (ii) any opinion, decision, direction or determination of the court in the Trial Division on a stated case; and\n- (iii) any determination of the court in the Trial Division or the District Court in a proceeding remitted under section 61 .\n- (i) a judgment or order of the court in the Trial Division made under this Act; and\n- (ii) any opinion, decision, direction or determination of the court in the Trial Division on a stated case; and\n- (iii) any determination of the court in the Trial Division or the District Court in a proceeding remitted under section 61 .","sortOrder":91},{"sectionNumber":"sec.63","sectionType":"section","heading":"Leave required to appeal from consent order","content":"### sec.63 Leave required to appeal from consent order\n\nAn appeal lies to the Court of Appeal from a judgment or order of the court in the Trial Division given or made by consent only by leave of the judge who gave the judgment or made the order, or, if that judge is not available, another judge of the court in the Trial Division.\ns 63 prev s 63 om 1997 No. 38 s 129\npres s 63 ins 2011 No. 45 s 193","sortOrder":92},{"sectionNumber":"sec.64","sectionType":"section","heading":"Leave required to appeal in relation to costs","content":"### sec.64 Leave required to appeal in relation to costs\n\nAn appeal only in relation to costs lies to the Court of Appeal from a judgment or order of the court in the Trial Division only by leave of the judge who gave the judgment or made the order, or, if that judge is not available, another judge of the court in the Trial Division.\nHowever, if, after an appeal to the Court of Appeal is properly started, the appeal becomes an appeal only in relation to the costs of the original proceeding—\nsubsection (1) does not apply; and\nthe appeal may be heard and determined only by leave of the Court of Appeal.\ns 64 prev s 64 om 1997 No. 38 s 129\npres s 64 ins 2011 No. 45 s 193\n(sec.64-ssec.1) An appeal only in relation to costs lies to the Court of Appeal from a judgment or order of the court in the Trial Division only by leave of the judge who gave the judgment or made the order, or, if that judge is not available, another judge of the court in the Trial Division.\n(sec.64-ssec.2) However, if, after an appeal to the Court of Appeal is properly started, the appeal becomes an appeal only in relation to the costs of the original proceeding— subsection (1) does not apply; and the appeal may be heard and determined only by leave of the Court of Appeal.\n- (a) subsection (1) does not apply; and\n- (b) the appeal may be heard and determined only by leave of the Court of Appeal.","sortOrder":93},{"sectionNumber":"pt.7","sectionType":"part","heading":"Registry","content":"# Registry","sortOrder":94},{"sectionNumber":"sec.65","sectionType":"section","heading":"Registry","content":"### sec.65 Registry\n\nThere is to be a Supreme Court Registry.\nThe Supreme Court Registry is to have regional offices (each a regional registry ) at Brisbane, Rockhampton, Townsville and Cairns.\nThe Supreme Court Registry is to have a district office ( district registry ) at each place from which a Supreme Court district takes its name.\ns 65 prev s 65 om 1997 No. 38 s 129\npres s 65 ins 2011 No. 45 s 195\n(sec.65-ssec.1) There is to be a Supreme Court Registry.\n(sec.65-ssec.2) The Supreme Court Registry is to have regional offices (each a regional registry ) at Brisbane, Rockhampton, Townsville and Cairns.\n(sec.65-ssec.3) The Supreme Court Registry is to have a district office ( district registry ) at each place from which a Supreme Court district takes its name.","sortOrder":95},{"sectionNumber":"sec.66","sectionType":"section","heading":"Process returnable in office where issued but effective throughout State","content":"### sec.66 Process returnable in office where issued but effective throughout State\n\nA process issued out of any office of the Supreme Court Registry is returnable in that office.\nHowever, each process has effect, and may be enforced, at any place within the State.\ns 66 prev s 66 om 1997 No. 38 s 129\npres s 66 ins 1998 No. 20 s 17\nsub 2011 No. 45 s 195\n(sec.66-ssec.1) A process issued out of any office of the Supreme Court Registry is returnable in that office.\n(sec.66-ssec.2) However, each process has effect, and may be enforced, at any place within the State.","sortOrder":96},{"sectionNumber":"sec.67","sectionType":"section","heading":"Control","content":"### sec.67 Control\n\nThe Supreme Court Registry is under the control of the principal registrar.\ns 67 prev s 67 om 1997 No. 38 s 129\npres s 67 ins 1998 No. 20 s 17\nsub 2011 No. 45 s 195","sortOrder":97},{"sectionNumber":"sec.68","sectionType":"section","heading":"Registration of Acts","content":"### sec.68 Registration of Acts\n\nActs of the Queensland Parliament may be registered in the Brisbane Supreme Court Registry.\ns 68 ins 1998 No. 20 s 17\namd 2007 No. 37 s 156\nsub 2011 No. 45 s 195","sortOrder":98},{"sectionNumber":"pt.8","sectionType":"part","heading":"Court officers","content":"# Court officers","sortOrder":99},{"sectionNumber":"sec.69","sectionType":"section","heading":"Principal registrar, other registrars and officers","content":"### sec.69 Principal registrar, other registrars and officers\n\nThe Governor in Council may appoint a principal registrar.\nThe chief executive may appoint registrars (other than the principal registrar) and other officers the chief executive considers appropriate.\nA person appointed under this section is employed under the Public Sector Act 2022 .\ns 69 ins 1998 No. 20 s 17\nsub 2011 No. 45 s 195\namd 2022 No. 34 s 365 sch 3\n(sec.69-ssec.1) The Governor in Council may appoint a principal registrar.\n(sec.69-ssec.2) The chief executive may appoint registrars (other than the principal registrar) and other officers the chief executive considers appropriate.\n(sec.69-ssec.3) A person appointed under this section is employed under the Public Sector Act 2022 .","sortOrder":100},{"sectionNumber":"sec.70","sectionType":"section","heading":"Delegation by registrar","content":"### sec.70 Delegation by registrar\n\nA registrar may delegate the registrar’s functions to an appropriately qualified person who is a public service employee in the Supreme Court Registry.\nIn this section—\nappropriately qualified , for a public service employee to whom a function may be delegated, includes having the qualifications, experience or standing appropriate for the function.\na person’s classification level in the public service\nfunctions includes powers.\ns 70 ins 1998 No. 20 s 17\namd 1999 No. 66 s 36\nsub 2011 No. 45 s 195\n(sec.70-ssec.1) A registrar may delegate the registrar’s functions to an appropriately qualified person who is a public service employee in the Supreme Court Registry.\n(sec.70-ssec.2) In this section— appropriately qualified , for a public service employee to whom a function may be delegated, includes having the qualifications, experience or standing appropriate for the function. a person’s classification level in the public service functions includes powers.","sortOrder":101},{"sectionNumber":"sec.71","sectionType":"section","heading":"Directions","content":"### sec.71 Directions\n\nThe principal registrar may give directions to the registrars and other officers employed in any office of the Supreme Court Registry.\ns 71 prev s 71 om 1997 No. 38 s 132\npres s 71 ins 1998 No. 20 s 17\nsub 2011 No. 45 s 195","sortOrder":102},{"sectionNumber":"sec.72","sectionType":"section","heading":"Registrar of Magistrates Court","content":"### sec.72 Registrar of Magistrates Court\n\nThe registrar of the Magistrates Court for the Magistrates Court district in which the Supreme Court sits may perform the functions and exercise the powers of a registrar, and a deputy sheriff, of the Supreme Court for the Supreme Court district constituted under section 57 that is or includes the Magistrates Court district.\nSubsection (1) applies whether or not a registrar or deputy sheriff of the Supreme Court for the Supreme Court district constituted under section 57 has been appointed.\ns 72 prev s 72 amd 1992 No. 40 s 163 sch 1 ; 1995 No. 23 s 5\nom 1997 No. 38 s 132\npres s 72 ins 1998 No. 20 s 17\nsub 2011 No. 45 s 195\n(sec.72-ssec.1) The registrar of the Magistrates Court for the Magistrates Court district in which the Supreme Court sits may perform the functions and exercise the powers of a registrar, and a deputy sheriff, of the Supreme Court for the Supreme Court district constituted under section 57 that is or includes the Magistrates Court district.\n(sec.72-ssec.2) Subsection (1) applies whether or not a registrar or deputy sheriff of the Supreme Court for the Supreme Court district constituted under section 57 has been appointed.","sortOrder":103},{"sectionNumber":"sec.73","sectionType":"section","heading":"Sheriff of Queensland, deputy sheriffs and bailiffs","content":"### sec.73 Sheriff of Queensland, deputy sheriffs and bailiffs\n\nThe chief executive may appoint a Sheriff of Queensland.\nThe chief executive may also appoint deputy sheriffs and bailiffs.\nA person appointed under this section is employed under the Public Sector Act 2022 .\ns 73 prev s 73 om 1997 No. 38 s 132\npres s 73 ins 1998 No. 20 s 17\nsub 2011 No. 45 s 195\namd 2022 No. 34 s 365 sch 3\n(sec.73-ssec.1) The chief executive may appoint a Sheriff of Queensland.\n(sec.73-ssec.2) The chief executive may also appoint deputy sheriffs and bailiffs.\n(sec.73-ssec.3) A person appointed under this section is employed under the Public Sector Act 2022 .","sortOrder":104},{"sectionNumber":"sec.74","sectionType":"section","heading":"Powers of sheriff","content":"### sec.74 Powers of sheriff\n\nThe sheriff or a deputy sheriff has the powers given under an Act and may exercise the powers throughout the State.\nAny power given to the sheriff under an Act may be exercised by a deputy sheriff.\ns 74 prev s 74 om 1997 No. 38 s 132\npres s 74 ins 1998 No. 20 s 17\nsub 2011 No. 45 s 195\n(sec.74-ssec.1) The sheriff or a deputy sheriff has the powers given under an Act and may exercise the powers throughout the State.\n(sec.74-ssec.2) Any power given to the sheriff under an Act may be exercised by a deputy sheriff.","sortOrder":105},{"sectionNumber":"sec.75","sectionType":"section","heading":"Power of bailiffs","content":"### sec.75 Power of bailiffs\n\nA bailiff is an officer of the sheriff.\nA bailiff is appointed for the State.\nThe sheriff, or a deputy sheriff, may delegate any of the sheriff’s functions, or deputy sheriff’s functions, to a bailiff.\nSubject to the terms of the delegation, a bailiff may perform a function throughout the State.\nIn this section—\nfunctions includes powers.\nperform , a function, includes exercise a power.\ns 75 prev s 75 om 1997 No. 38 s 132\npres s 75 ins 1998 No. 20 s 17\nsub 2011 No. 45 s 195\n(sec.75-ssec.1) A bailiff is an officer of the sheriff.\n(sec.75-ssec.2) A bailiff is appointed for the State.\n(sec.75-ssec.3) The sheriff, or a deputy sheriff, may delegate any of the sheriff’s functions, or deputy sheriff’s functions, to a bailiff.\n(sec.75-ssec.4) Subject to the terms of the delegation, a bailiff may perform a function throughout the State.\n(sec.75-ssec.5) In this section— functions includes powers. perform , a function, includes exercise a power.","sortOrder":106},{"sectionNumber":"sec.76","sectionType":"section","heading":"Enforcement officer’s protection from liability","content":"### sec.76 Enforcement officer’s protection from liability\n\nA proceeding in relation to an enforcement officer acting in that capacity must be started against ‘The Sheriff of Queensland’ and not against the enforcement officer.\nIf a money order is made against The Sheriff of Queensland in a proceeding mentioned in subsection (1) —\nthe money order debt must be paid by the Treasurer out of the consolidated fund; and\nthe State may recover the money order debt from the relevant enforcement officer unless the liability resulting in the money order was for an act done, or omission made, honestly and without negligence when acting as an enforcement officer.\ns 76 prev s 76 om 1997 No. 38 s 132\npres s 76 ins 1998 No. 20 s 17\namd 2002 No. 34 s 67\nsub 2011 No. 45 s 195\n(sec.76-ssec.1) A proceeding in relation to an enforcement officer acting in that capacity must be started against ‘The Sheriff of Queensland’ and not against the enforcement officer.\n(sec.76-ssec.2) If a money order is made against The Sheriff of Queensland in a proceeding mentioned in subsection (1) — the money order debt must be paid by the Treasurer out of the consolidated fund; and the State may recover the money order debt from the relevant enforcement officer unless the liability resulting in the money order was for an act done, or omission made, honestly and without negligence when acting as an enforcement officer.\n- (a) the money order debt must be paid by the Treasurer out of the consolidated fund; and\n- (b) the State may recover the money order debt from the relevant enforcement officer unless the liability resulting in the money order was for an act done, or omission made, honestly and without negligence when acting as an enforcement officer.","sortOrder":107},{"sectionNumber":"sec.77","sectionType":"section","heading":"Associates","content":"### sec.77 Associates\n\nThe Chief Justice may appoint a person nominated by a judge as an associate to the judge.\nAn associate is appointed under this Act and not under the Public Sector Act 2022 .\nThe Governor in Council is to decide the salary and conditions of appointment for an associate appointed under subsection (1) .\ns 77 prev s 77 om 1997 No. 38 s 132\npres s 77 ins 1998 No. 20 s 17\nsub 2011 No. 45 s 195\namd 2022 No. 34 s 365 sch 3\n(sec.77-ssec.1) The Chief Justice may appoint a person nominated by a judge as an associate to the judge.\n(sec.77-ssec.2) An associate is appointed under this Act and not under the Public Sector Act 2022 .\n(sec.77-ssec.3) The Governor in Council is to decide the salary and conditions of appointment for an associate appointed under subsection (1) .","sortOrder":108},{"sectionNumber":"pt.8B","sectionType":"part","heading":null,"content":"","sortOrder":109},{"sectionNumber":"pt.9","sectionType":"part","heading":"Use of video link facilities","content":"# Use of video link facilities","sortOrder":110},{"sectionNumber":"sec.78","sectionType":"section","heading":"Purpose of part","content":"### sec.78 Purpose of part\n\nThe purpose of this part is to provide for the use of video link facilities for certain proceedings before the Supreme Court.\ns 78 prev s 78 om 1997 No. 38 s 132\npres s 78 ins 1996 No. 4 s 4","sortOrder":111},{"sectionNumber":"sec.79","sectionType":"section","heading":"Definitions for part","content":"### sec.79 Definitions for part\n\nIn this part—\ndetainee means—\nfor section 80 (1) —someone who is in custody at a correctional institution; and\notherwise, someone who is—\nin custody at a correctional institution; and\na party to a proceeding.\nproceeding , for a provision of this part, other than section 80 (1) , means a proceeding to which section 80 (1) applies.\ns 79 prev s 79 om 1997 No. 38 s 132\npres s 79 ins 1996 No. 4 s 4\n- (a) for section 80 (1) —someone who is in custody at a correctional institution; and\n- (b) otherwise, someone who is— (i) in custody at a correctional institution; and (ii) a party to a proceeding.\n- (i) in custody at a correctional institution; and\n- (ii) a party to a proceeding.\n- (i) in custody at a correctional institution; and\n- (ii) a party to a proceeding.","sortOrder":112},{"sectionNumber":"sec.80","sectionType":"section","heading":"Use of video link facilities in proceedings","content":"### sec.80 Use of video link facilities in proceedings\n\nThis section applies to a proceeding if—\na detainee is entitled or required to be present before the Supreme Court for the proceeding; and\nthe proceeding is—\nabout an offence with which the detainee is charged, including a proceeding for the detainee’s bail or remand; or\nan appeal under the District Court of Queensland Act 1967 , section 118 or the Criminal Code , chapter 67 in relation to an offence of which the detainee has been convicted ( appeal proceeding ); and\nthe proceeding is not a proceeding for the sentencing of the detainee; and\nSee the Penalties and Sentences Act 1992 , section 15A in relation to the use of audiovisual link or audio link facilities for a sentencing proceeding.\nvideo link facilities are available linking the correctional institution where the detainee is in custody and the court.\nA proceeding for the detainee’s bail or remand or an appeal proceeding must be conducted using the video link facilities, unless the court, in the interests of justice, otherwise orders.\nIn a proceeding, other than a proceeding for the detainee’s bail or remand or an appeal proceeding, the court may order the proceeding be conducted using video link facilities only if all parties consent.\nThe video link facilities may only be used to link the proceeding before the court at the place the court is sitting with the detainee, or the detainee and the detainee’s representative, at the correctional institution.\ns 80 prev s 80 om 1997 No. 38 s 132\npres s 80 ins 1996 No. 4 s 4\namd 1997 No. 38 s 138 ; 2002 No. 34 s 68 ; 2013 No. 64 s 184\n(sec.80-ssec.1) This section applies to a proceeding if— a detainee is entitled or required to be present before the Supreme Court for the proceeding; and the proceeding is— about an offence with which the detainee is charged, including a proceeding for the detainee’s bail or remand; or an appeal under the District Court of Queensland Act 1967 , section 118 or the Criminal Code , chapter 67 in relation to an offence of which the detainee has been convicted ( appeal proceeding ); and the proceeding is not a proceeding for the sentencing of the detainee; and See the Penalties and Sentences Act 1992 , section 15A in relation to the use of audiovisual link or audio link facilities for a sentencing proceeding. video link facilities are available linking the correctional institution where the detainee is in custody and the court.\n(sec.80-ssec.2) A proceeding for the detainee’s bail or remand or an appeal proceeding must be conducted using the video link facilities, unless the court, in the interests of justice, otherwise orders.\n(sec.80-ssec.3) In a proceeding, other than a proceeding for the detainee’s bail or remand or an appeal proceeding, the court may order the proceeding be conducted using video link facilities only if all parties consent.\n(sec.80-ssec.4) The video link facilities may only be used to link the proceeding before the court at the place the court is sitting with the detainee, or the detainee and the detainee’s representative, at the correctional institution.\n- (a) a detainee is entitled or required to be present before the Supreme Court for the proceeding; and\n- (b) the proceeding is— (i) about an offence with which the detainee is charged, including a proceeding for the detainee’s bail or remand; or (ii) an appeal under the District Court of Queensland Act 1967 , section 118 or the Criminal Code , chapter 67 in relation to an offence of which the detainee has been convicted ( appeal proceeding ); and\n- (i) about an offence with which the detainee is charged, including a proceeding for the detainee’s bail or remand; or\n- (ii) an appeal under the District Court of Queensland Act 1967 , section 118 or the Criminal Code , chapter 67 in relation to an offence of which the detainee has been convicted ( appeal proceeding ); and\n- (c) the proceeding is not a proceeding for the sentencing of the detainee; and Note— See the Penalties and Sentences Act 1992 , section 15A in relation to the use of audiovisual link or audio link facilities for a sentencing proceeding.\n- (d) video link facilities are available linking the correctional institution where the detainee is in custody and the court.\n- (i) about an offence with which the detainee is charged, including a proceeding for the detainee’s bail or remand; or\n- (ii) an appeal under the District Court of Queensland Act 1967 , section 118 or the Criminal Code , chapter 67 in relation to an offence of which the detainee has been convicted ( appeal proceeding ); and","sortOrder":113},{"sectionNumber":"sec.81","sectionType":"section","heading":"Detainee taken to be before the court","content":"### sec.81 Detainee taken to be before the court\n\nA person present at the part of the correctional institution used for the conduct of a proceeding, when the proceeding is being conducted, is taken to be in the presence of the Supreme Court for all purposes.\nThe part of the correctional institution used for the proceeding is taken to be part of the court for the conduct of the proceeding.\nAny entitlement of, or requirement for, the detainee under any law or court order to be present before the court in the proceeding is taken to be satisfied by the detainee’s use of video link facilities for the proceeding.\ns 81 prev s 81 om 1997 No. 38 s 132\npres s 81 ins 1996 No. 4 s 4\n(sec.81-ssec.1) A person present at the part of the correctional institution used for the conduct of a proceeding, when the proceeding is being conducted, is taken to be in the presence of the Supreme Court for all purposes.\n(sec.81-ssec.2) The part of the correctional institution used for the proceeding is taken to be part of the court for the conduct of the proceeding.\n(sec.81-ssec.3) Any entitlement of, or requirement for, the detainee under any law or court order to be present before the court in the proceeding is taken to be satisfied by the detainee’s use of video link facilities for the proceeding.","sortOrder":114},{"sectionNumber":"sec.82","sectionType":"section","heading":"Way video link facilities must be operated","content":"### sec.82 Way video link facilities must be operated\n\nVideo link facilities, when used for a proceeding, are to be operated in a way that ensures two-way audio and visual communication between the detainee and the Supreme Court.\nIf video link facilities fail during a proceeding, the court may adjourn the proceeding or make another appropriate order, as if the detainee were still in the presence of the court.\ns 82 prev s 82 om 1997 No. 38 s 132\npres s 82 ins 1996 No. 4 s 4\n(sec.82-ssec.1) Video link facilities, when used for a proceeding, are to be operated in a way that ensures two-way audio and visual communication between the detainee and the Supreme Court.\n(sec.82-ssec.2) If video link facilities fail during a proceeding, the court may adjourn the proceeding or make another appropriate order, as if the detainee were still in the presence of the court.","sortOrder":115},{"sectionNumber":"sec.83","sectionType":"section","heading":"Facilities for private communication","content":"### sec.83 Facilities for private communication\n\nThe Supreme Court and the correctional institution must make facilities available for private communication between the detainee and the detainee’s representative in a proceeding if the representative is at the place where the court is sitting.\nA communication between the detainee and the detainee’s representative is as confidential and as inadmissible in any proceeding as it would be if it took place while the detainee and the detainee’s representative were in each other’s presence.\nSubsection (2) does not limit any other protection applying to the communication.\ns 83 orig s 83 om 1997 No. 38 s 132\nprev s 83 ins 1998 No. 20 s 17\namd 1999 No. 66 s 37\nom 2011 No. 45 s 195\npres s 83 ins 1996 No. 4 s 4\n(sec.83-ssec.1) The Supreme Court and the correctional institution must make facilities available for private communication between the detainee and the detainee’s representative in a proceeding if the representative is at the place where the court is sitting.\n(sec.83-ssec.2) A communication between the detainee and the detainee’s representative is as confidential and as inadmissible in any proceeding as it would be if it took place while the detainee and the detainee’s representative were in each other’s presence.\n(sec.83-ssec.3) Subsection (2) does not limit any other protection applying to the communication.","sortOrder":116},{"sectionNumber":"sec.84","sectionType":"section","heading":"Variation or revocation of order","content":"### sec.84 Variation or revocation of order\n\nThe Supreme Court may, at any time, vary or revoke an order made under section 80 .\ns 84 orig s 84 om 1997 No. 38 s 132\nprev s 84 ins 1998 No. 20 s 17\nsub 1999 No. 66 s 38\nom 2011 No. 45 s 195\npres s 84 ins 1996 No. 4 s 4","sortOrder":117},{"sectionNumber":"pt.10","sectionType":"part","heading":"Rules of court for the Supreme Court, the District Court and the Magistrates Courts","content":"# Rules of court for the Supreme Court, the District Court and the Magistrates Courts","sortOrder":118},{"sectionNumber":"sec.85","sectionType":"section","heading":"Rule-making power","content":"### sec.85 Rule-making power\n\nThe Governor in Council may make rules of court under this Act for—\nthe practices and procedures of the Supreme Court, the District Court or the Magistrates Courts or their registries or another matter mentioned in schedule 1 ; or\nthe admission of persons to the legal profession under the Legal Profession Act 2007 , including fees relating to admission; or\nthe assessment of costs for the Legal Profession Act 2007 , part 3.4 , division 7 ; or\nany law giving jurisdiction to the Supreme Court, the District Court or the Magistrates Courts, including a law of the Commonwealth.\nSee the Magistrates Courts Act 1921 , section 57C , for the rules of court for a proceeding, other than an appeal, under the Domestic and Family Violence Protection Act 2012 .\nA rule may only be made with the consent of the rules committee.\nRules made under subsection (1) (b) may make provision of a saving or transitional nature for which it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of—\nthe rules applying immediately before the commencement of the Legal Profession Act 2004 , section 27 to the operation of that Act after the commencement; and\nother matters about admission dealt with under the Legal Practitioners Act 1995 before the commencement of the Legal Profession Act 2004 , section 27 to the operation of Legal Profession Act 2004 after the commencement.\nRules of court (other than rules for a matter mentioned in subsection (1) (b) or a matter relevant to criminal jurisdiction or criminal proceedings, other than proceedings in relation to contempt of court) are to be called the Uniform Civil Procedure Rules .\ns 85 orig s 85 om 1997 No. 38 s 132\nprev s 85 ins 1998 No. 20 s 17\nom 2011 No. 45 s 195\nins 1995 No. 23 s 6\namd 1995 No. 58 s 4 sch 1\nexp 30 May 1996 (see s 118(5))\nAIA s 20A applies (see s 118(4))\nom R4 (see RA s 37)\npres s 85 ins 1998 No. 20 s 20\namd 2000 No. 16 s 590 sch 1 pt 2 ; 2004 No. 11 s 596 sch 1 ; 2005 No. 70 s 164\namd 2007 No. 24 s 770 sch 1 amdts 1, 2 and 5 (amdts 3 and 4 could not be given effect)\n(2B), (2C) and (2D) exp 8 December 2009 (see s 118(2D))\namd 2011 No. 45 s 199 ; 2013 No. 35 s 171\n(sec.85-ssec.1) The Governor in Council may make rules of court under this Act for— the practices and procedures of the Supreme Court, the District Court or the Magistrates Courts or their registries or another matter mentioned in schedule 1 ; or the admission of persons to the legal profession under the Legal Profession Act 2007 , including fees relating to admission; or the assessment of costs for the Legal Profession Act 2007 , part 3.4 , division 7 ; or any law giving jurisdiction to the Supreme Court, the District Court or the Magistrates Courts, including a law of the Commonwealth. See the Magistrates Courts Act 1921 , section 57C , for the rules of court for a proceeding, other than an appeal, under the Domestic and Family Violence Protection Act 2012 .\n(sec.85-ssec.2) A rule may only be made with the consent of the rules committee.\n(sec.85-ssec.3) Rules made under subsection (1) (b) may make provision of a saving or transitional nature for which it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of— the rules applying immediately before the commencement of the Legal Profession Act 2004 , section 27 to the operation of that Act after the commencement; and other matters about admission dealt with under the Legal Practitioners Act 1995 before the commencement of the Legal Profession Act 2004 , section 27 to the operation of Legal Profession Act 2004 after the commencement.\n(sec.85-ssec.4) Rules of court (other than rules for a matter mentioned in subsection (1) (b) or a matter relevant to criminal jurisdiction or criminal proceedings, other than proceedings in relation to contempt of court) are to be called the Uniform Civil Procedure Rules .\n- (a) the practices and procedures of the Supreme Court, the District Court or the Magistrates Courts or their registries or another matter mentioned in schedule 1 ; or\n- (b) the admission of persons to the legal profession under the Legal Profession Act 2007 , including fees relating to admission; or\n- (c) the assessment of costs for the Legal Profession Act 2007 , part 3.4 , division 7 ; or\n- (d) any law giving jurisdiction to the Supreme Court, the District Court or the Magistrates Courts, including a law of the Commonwealth.\n- (a) the rules applying immediately before the commencement of the Legal Profession Act 2004 , section 27 to the operation of that Act after the commencement; and\n- (b) other matters about admission dealt with under the Legal Practitioners Act 1995 before the commencement of the Legal Profession Act 2004 , section 27 to the operation of Legal Profession Act 2004 after the commencement.","sortOrder":119},{"sectionNumber":"sec.86","sectionType":"section","heading":"Admission guidelines","content":"### sec.86 Admission guidelines\n\nThe admission rules may provide that the Chief Justice may issue guidelines about a matter prescribed under the admission rules.\nA guideline takes effect—\non the first day it is published under subsection (3) (a) ; or\nif a later day is fixed in the guideline—on that day.\nThe registrar must ensure each guideline, while it is in effect, is—\npublished on the court’s website; and\navailable for public inspection, without charge, at the regional registries at Brisbane, Rockhampton, Townsville and Cairns.\nIn this section—\nadmission rules means rules of court made under this Act for the admission of persons to the legal profession under the Legal Profession Act 2007 .\ns 86 orig s 86 amd 1996 No. 37 s 147 sch 2\nom 1997 No. 38 s 132\nprev s 86 ins 1998 No. 20 s 17\namd 1999 No. 66 s 39\nom 2011 No. 45 s 195\npres s 86 ins 2011 No. 45 s 200\namd 2013 No. 39 s 111 sch 4 ; 2023 No. 23 s 209\n(sec.86-ssec.1) The admission rules may provide that the Chief Justice may issue guidelines about a matter prescribed under the admission rules.\n(sec.86-ssec.2) A guideline takes effect— on the first day it is published under subsection (3) (a) ; or if a later day is fixed in the guideline—on that day.\n(sec.86-ssec.3) The registrar must ensure each guideline, while it is in effect, is— published on the court’s website; and available for public inspection, without charge, at the regional registries at Brisbane, Rockhampton, Townsville and Cairns.\n(sec.86-ssec.4) In this section— admission rules means rules of court made under this Act for the admission of persons to the legal profession under the Legal Profession Act 2007 .\n- (a) on the first day it is published under subsection (3) (a) ; or\n- (b) if a later day is fixed in the guideline—on that day.\n- (a) published on the court’s website; and\n- (b) available for public inspection, without charge, at the regional registries at Brisbane, Rockhampton, Townsville and Cairns.","sortOrder":120},{"sectionNumber":"sec.87","sectionType":"section","heading":"Rules committee may approve forms","content":"### sec.87 Rules committee may approve forms\n\nThe rules committee may approve forms for use under this Act or the Civil Proceedings Act 2011 .\ns 87 orig s 87 om 1997 No. 38 s 132\nprev s 87 ins 1998 No. 20 s 17\nom 2011 No. 45 s 195\npres s 87 ins 1998 No. 20 s 20\namd 2011 No. 45 s 201","sortOrder":121},{"sectionNumber":"sec.88","sectionType":"section","heading":"Court rules are exempt from automatic expiry","content":"### sec.88 Court rules are exempt from automatic expiry\n\nThe Statutory Instruments Act 1992 , part 7 does not apply to rules of court.\nIn this section—\nrules of court see Statutory Instruments Act 1992 , section 12 .\ns 88 orig s 88 om 1992 No. 40 s 163 sch 1\nprev s 88 om 1997 No. 38 s 132\nins 1998 No. 20 s 17\nom 2011 No. 45 s 195\npres s 88 ins 1998 No. 20 s 21\namd 1998 No. 46 s 5 ; 2011 No. 45 s 202 ; 2012 No. 25 s 195 sch\n(sec.88-ssec.1) The Statutory Instruments Act 1992 , part 7 does not apply to rules of court.\n(sec.88-ssec.2) In this section— rules of court see Statutory Instruments Act 1992 , section 12 .","sortOrder":122},{"sectionNumber":"sec.89","sectionType":"section","heading":"Rules Committee","content":"### sec.89 Rules Committee\n\nThe Chief Justice is to establish a Rules Committee consisting of the following members—\nthe Chief Justice, or a Supreme Court judge nominated by the Chief Justice;\nthe President or a judge of appeal nominated by the President;\n2 Supreme Court judges nominated by the Chief Justice;\nthe Chief Judge or a District Court judge nominated by the Chief Judge;\na District Court judge nominated by the Chief Judge;\nthe Chief Magistrate or a magistrate nominated by the Chief Magistrate;\na magistrate nominated by the Chief Magistrate.\nThe rules committee—\nmay advise the Minister about any law giving jurisdiction to the Supreme Court, the District Court or the Magistrates Courts; and\nhas the other functions and powers given to it under this Act or another Act.\nThe rules committee may conduct its business and proceedings at meetings in the way it decides.\nHowever, the chairperson of the rules committee has a deliberative vote and, in the event of an equality of votes, a casting vote.\ns 89 orig s 89 amd 1996 No. 37 s 147 sch 2\nom 1997 No. 38 s 132\nprev s 89 ins 1998 No. 20 s 17\namd 2004 No. 29 s 70\nom 2011 No. 45 s 195\npres s 89 ins 1998 No. 20 s 21\namd 2011 No. 45 s 203\n(sec.89-ssec.1) The Chief Justice is to establish a Rules Committee consisting of the following members— the Chief Justice, or a Supreme Court judge nominated by the Chief Justice; the President or a judge of appeal nominated by the President; 2 Supreme Court judges nominated by the Chief Justice; the Chief Judge or a District Court judge nominated by the Chief Judge; a District Court judge nominated by the Chief Judge; the Chief Magistrate or a magistrate nominated by the Chief Magistrate; a magistrate nominated by the Chief Magistrate.\n(sec.89-ssec.2) The rules committee— may advise the Minister about any law giving jurisdiction to the Supreme Court, the District Court or the Magistrates Courts; and has the other functions and powers given to it under this Act or another Act.\n(sec.89-ssec.3) The rules committee may conduct its business and proceedings at meetings in the way it decides.\n(sec.89-ssec.4) However, the chairperson of the rules committee has a deliberative vote and, in the event of an equality of votes, a casting vote.\n- (a) the Chief Justice, or a Supreme Court judge nominated by the Chief Justice;\n- (b) the President or a judge of appeal nominated by the President;\n- (c) 2 Supreme Court judges nominated by the Chief Justice;\n- (d) the Chief Judge or a District Court judge nominated by the Chief Judge;\n- (e) a District Court judge nominated by the Chief Judge;\n- (f) the Chief Magistrate or a magistrate nominated by the Chief Magistrate;\n- (g) a magistrate nominated by the Chief Magistrate.\n- (a) may advise the Minister about any law giving jurisdiction to the Supreme Court, the District Court or the Magistrates Courts; and\n- (b) has the other functions and powers given to it under this Act or another Act.","sortOrder":123},{"sectionNumber":"pt.11","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":124},{"sectionNumber":"sec.90","sectionType":"section","heading":"Court appearance","content":"### sec.90 Court appearance\n\nIn a proceeding, a party may appear in person or by—\na lawyer; or\nwith the leave of the court, another person.\nIn this section—\nparty includes a person served with notice of or attending a proceeding although not named in the record.\ns 90 orig s 90 om 1997 No. 38 s 132\nprev s 90 ins 1998 No. 20 s 17\namd 2011 No. 34 s 32 sch 1\nom 2011 No. 45 s 195\npres s 90 sub 2011 No. 45 s 205\n(sec.90-ssec.1) In a proceeding, a party may appear in person or by— a lawyer; or with the leave of the court, another person.\n(sec.90-ssec.2) In this section— party includes a person served with notice of or attending a proceeding although not named in the record.\n- (a) a lawyer; or\n- (b) with the leave of the court, another person.","sortOrder":125},{"sectionNumber":"sec.91","sectionType":"section","heading":"Finance","content":"### sec.91 Finance\n\nThe court is part of the department for the purposes of the Financial Accountability Act 2009 .\ns 91 orig s 91 sub 1994 No. 24 s 3 (1) sch\nom 1997 No. 38 s 132\nprev s 91 ins 1998 No. 20 s 17\namd 2011 No. 34 s 32 sch 1\nom 2011 No. 45 s 195\npres s 91 ins 1997 No. 38 s 140\nsub 2011 No. 45 s 205","sortOrder":126},{"sectionNumber":"sec.92","sectionType":"section","heading":"Regulation-making power","content":"### sec.92 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nWithout limiting subsection (1) , the Governor in Council may make regulations under this Act for the following matters—\nto prescribe fees and costs for the Supreme Court, District Court, Magistrates Courts or Planning and Environment Court (the courts );\nto provide how fees, costs and fines are to be received and dealt with in the courts;\nto provide for electronic representations or equivalents of seals, stamps and signatures for the courts.\ns 92 orig s 92 amd 1992 No. 40 s 163 sch 1\nom 1997 No. 38 s 132\nprev s 92 ins 1998 No. 20 s 17\nom 2011 No. 45 s 195\npres s 92 sub 1994 No. 76 s 24\namd 1998 No. 20 s 23 ; 2011 No. 45 s 206 ; 2016 No. 27 s 552\n(sec.92-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.92-ssec.2) Without limiting subsection (1) , the Governor in Council may make regulations under this Act for the following matters— to prescribe fees and costs for the Supreme Court, District Court, Magistrates Courts or Planning and Environment Court (the courts ); to provide how fees, costs and fines are to be received and dealt with in the courts; to provide for electronic representations or equivalents of seals, stamps and signatures for the courts.\n- (a) to prescribe fees and costs for the Supreme Court, District Court, Magistrates Courts or Planning and Environment Court (the courts );\n- (b) to provide how fees, costs and fines are to be received and dealt with in the courts;\n- (c) to provide for electronic representations or equivalents of seals, stamps and signatures for the courts.","sortOrder":127},{"sectionNumber":"pt.12","sectionType":"part","heading":"Transitional and validation provisions","content":"# Transitional and validation provisions","sortOrder":128},{"sectionNumber":"sec.93","sectionType":"section","heading":"Outdated references","content":"### sec.93 Outdated references\n\nIn an Act or document, in the context of the Supreme Court and if otherwise appropriate, a reference to a thing mentioned in column 1 of the following table is taken to be a reference to the corresponding thing in column 2 of the table—\nTable\nColumn 1\nColumn 2\nwrit of summons\nclaim\nnotice of motion, motion, petition or originating\nsummons\napplication\nentry of appearance\nnotice of intention to defend\nchambers\ncourt\naction, cause or matter\nproceeding\nrules of the Supreme Court or Rules of the\nSupreme Court\nUniform Civil Procedure Rules 1999\nCentral District\nCentral Region\nNorthern District\nNorthern Region\nFar Northern District\nFar Northern Region\ntaxation\nassessment of costs\nparty and party costs\ncosts on the standard basis\nsolicitor and client costs\ncosts on the indemnity basis\ns 93 orig s 93 om 1994 No. 24 s 3 (1) sch\nprev s 93 om 1997 No. 38 s 132\nins 1998 No. 20 s 17\nom 2011 No. 45 s 195\npres s 93 sub 2011 No. 45 s 207","sortOrder":129},{"sectionNumber":"sec.93A","sectionType":"section","heading":null,"content":"### Section sec.93A\n\ns 93A ins 1998 No. 20 s 17\namd 1999 No. 66 s 40\nom 2011 No. 45 s 195","sortOrder":130},{"sectionNumber":"sec.93B","sectionType":"section","heading":null,"content":"### Section sec.93B\n\ns 93B ins 1998 No. 20 s 17\namd 1999 No. 66 s 41\nom 2011 No. 45 s 195","sortOrder":131},{"sectionNumber":"sec.93C","sectionType":"section","heading":null,"content":"### Section sec.93C\n\ns 93C ins 1998 No. 20 s 17\nom 2011 No. 45 s 195","sortOrder":132},{"sectionNumber":"sec.93D","sectionType":"section","heading":null,"content":"### Section sec.93D\n\ns 93D ins 1998 No. 20 s 17\namd 1999 No. 29 s 50 sch\nom 2011 No. 45 s 195","sortOrder":133},{"sectionNumber":"sec.93E","sectionType":"section","heading":null,"content":"### Section sec.93E\n\ns 93E ins 1998 No. 20 s 17\nom 2011 No. 45 s 195","sortOrder":134},{"sectionNumber":"sec.93F","sectionType":"section","heading":null,"content":"### Section sec.93F\n\ns 93F ins 1998 No. 20 s 17\nom 2011 No. 45 s 195","sortOrder":135},{"sectionNumber":"sec.93G","sectionType":"section","heading":null,"content":"### Section sec.93G\n\ns 93G ins 1998 No. 20 s 17\nom 2011 No. 45 s 195","sortOrder":136},{"sectionNumber":"sec.93H","sectionType":"section","heading":null,"content":"### Section sec.93H\n\ns 93H ins 1998 No. 20 s 17\nom 2011 No. 45 s 195","sortOrder":137},{"sectionNumber":"sec.93I","sectionType":"section","heading":null,"content":"### Section sec.93I\n\ns 93I ins 1999 No. 66 s 42\nom 2011 No. 45 s 195","sortOrder":138},{"sectionNumber":"sec.93J","sectionType":"section","heading":null,"content":"### Section sec.93J\n\ns 93J ins 1999 No. 66 s 42\nom 2011 No. 45 s 195","sortOrder":139},{"sectionNumber":"sec.93K","sectionType":"section","heading":null,"content":"### Section sec.93K\n\ns 93K ins 1999 No. 66 s 42\nom 2011 No. 45 s 195","sortOrder":140},{"sectionNumber":"sec.93L","sectionType":"section","heading":null,"content":"### Section sec.93L\n\ns 93L ins 1999 No. 66 s 42\nom 2011 No. 45 s 195","sortOrder":141},{"sectionNumber":"sec.93LA","sectionType":"section","heading":null,"content":"### Section sec.93LA\n\ns 93LA ins 2007 No. 39 s 38\nom 2011 No. 45 s 195","sortOrder":142},{"sectionNumber":"sec.93LB","sectionType":"section","heading":null,"content":"### Section sec.93LB\n\ns 93LB ins 2007 No. 39 s 38\nom 2011 No. 45 s 195","sortOrder":143},{"sectionNumber":"sec.93LC","sectionType":"section","heading":null,"content":"### Section sec.93LC\n\ns 93LC ins 2007 No. 39 s 38\nom 2011 No. 45 s 195","sortOrder":144},{"sectionNumber":"sec.93M","sectionType":"section","heading":null,"content":"### Section sec.93M\n\ns 93M (prev s 93I) ins 1998 No. 20 s 17\nrenum 1999 No. 66 s 43\nom 2011 No. 45 s 195","sortOrder":145},{"sectionNumber":"sec.93N","sectionType":"section","heading":null,"content":"### Section sec.93N\n\ns 93N (prev s 93J) ins 1998 No. 20 s 17\nrenum 1999 No. 66 s 43\nom 2011 No. 45 s 195","sortOrder":146},{"sectionNumber":"sec.93O","sectionType":"section","heading":null,"content":"### Section sec.93O\n\ns 93O ins 1999 No. 66 s 44\nom 2011 No. 45 s 195","sortOrder":147},{"sectionNumber":"sec.94","sectionType":"section","heading":"Transitional—abolition of Circuit Courts","content":"### sec.94 Transitional—abolition of Circuit Courts\n\nOn the commencement of this section—\nan order made by a Circuit Court continues to have effect as an order of the Supreme Court; and\nanything done or existing in relation to a previous Circuit Court continues, and is taken to be done or existing in relation to the Supreme Court; and\na process pending in a previous Circuit Court is to be continued in the Supreme Court.\nIn an Act, or another document, if the context permits, a reference to Circuit Courts or a Circuit Court is taken to be a reference to the Supreme Court.\ns 94 prev s 94 ins 1995 No. 23 s 6\nom 2011 No. 45 s 195\npres s 94 ins 2011 No. 45 s 207\n(sec.94-ssec.1) On the commencement of this section— an order made by a Circuit Court continues to have effect as an order of the Supreme Court; and anything done or existing in relation to a previous Circuit Court continues, and is taken to be done or existing in relation to the Supreme Court; and a process pending in a previous Circuit Court is to be continued in the Supreme Court.\n(sec.94-ssec.2) In an Act, or another document, if the context permits, a reference to Circuit Courts or a Circuit Court is taken to be a reference to the Supreme Court.\n- (a) an order made by a Circuit Court continues to have effect as an order of the Supreme Court; and\n- (b) anything done or existing in relation to a previous Circuit Court continues, and is taken to be done or existing in relation to the Supreme Court; and\n- (c) a process pending in a previous Circuit Court is to be continued in the Supreme Court.","sortOrder":148},{"sectionNumber":"sec.95","sectionType":"section","heading":"Validation provision for Supreme Court of Queensland Regulation 2012","content":"### sec.95 Validation provision for Supreme Court of Queensland Regulation 2012\n\nDespite the Statutory Instruments Act 1992 , section 54, the Supreme Court of Queensland Regulation 2012 —\nis taken not to have expired on 1 September 2022; and\nexpires on 1 September 2024 unless—\nit is repealed before that day; or\na regulation mentioned in subsection (2) is made before that day exempting it from expiry.\nA regulation under the Statutory Instruments Act 1992 , section 56A may exempt the Supreme Court of Queensland Regulation 2012 from expiry, and extend a period of exemption, as if expiry under subsection (1)(b) were expiry under section 54 of that Act.\nAnything done under this Act or another law before the commencement of this section has the same effect, and is taken to have always had the same effect, as it would have had if the Supreme Court of Queensland Regulation 2012 had not expired.\nA reference in subsection (3) to anything done includes a reference to—\nan exercise of the court’s jurisdiction; or\nthe commencement of a proceeding or taking of a step in a proceeding; or\nthe performance of a function; or\nthe exercise of a power; or\nthe establishment of a district registry; or\nthe taking of an action with a document including, for example, executing, filing, making an entry in, presenting, issuing or serving a document; or\nthe making of a decision.\ns 95 orig s 95 om 1994 No. 24 s 3 (1) sch\nprev s 95 ins 1995 No. 23 s 6\nom 2011 No. 45 s 195\nins 2011 No. 45 s 207\nom 2013 No. 39 s 109 sch 2\npres s 95 ins 2023 No. 21 s 68\n(sec.95-ssec.1) Despite the Statutory Instruments Act 1992 , section 54, the Supreme Court of Queensland Regulation 2012 — is taken not to have expired on 1 September 2022; and expires on 1 September 2024 unless— it is repealed before that day; or a regulation mentioned in subsection (2) is made before that day exempting it from expiry.\n(sec.95-ssec.2) A regulation under the Statutory Instruments Act 1992 , section 56A may exempt the Supreme Court of Queensland Regulation 2012 from expiry, and extend a period of exemption, as if expiry under subsection (1)(b) were expiry under section 54 of that Act.\n(sec.95-ssec.3) Anything done under this Act or another law before the commencement of this section has the same effect, and is taken to have always had the same effect, as it would have had if the Supreme Court of Queensland Regulation 2012 had not expired.\n(sec.95-ssec.4) A reference in subsection (3) to anything done includes a reference to— an exercise of the court’s jurisdiction; or the commencement of a proceeding or taking of a step in a proceeding; or the performance of a function; or the exercise of a power; or the establishment of a district registry; or the taking of an action with a document including, for example, executing, filing, making an entry in, presenting, issuing or serving a document; or the making of a decision.\n- (a) is taken not to have expired on 1 September 2022; and\n- (b) expires on 1 September 2024 unless— (i) it is repealed before that day; or (ii) a regulation mentioned in subsection (2) is made before that day exempting it from expiry.\n- (i) it is repealed before that day; or\n- (ii) a regulation mentioned in subsection (2) is made before that day exempting it from expiry.\n- (i) it is repealed before that day; or\n- (ii) a regulation mentioned in subsection (2) is made before that day exempting it from expiry.\n- (a) an exercise of the court’s jurisdiction; or\n- (b) the commencement of a proceeding or taking of a step in a proceeding; or\n- (c) the performance of a function; or\n- (d) the exercise of a power; or\n- (e) the establishment of a district registry; or\n- (f) the taking of an action with a document including, for example, executing, filing, making an entry in, presenting, issuing or serving a document; or\n- (g) the making of a decision.","sortOrder":149},{"sectionNumber":"sec.96","sectionType":"section","heading":null,"content":"### Section sec.96\n\ns 96 orig s 96 om 1994 No. 24 s 3 (1) sch\nprev s 96 ins 1995 No. 23 s 6\nom 2011 No. 45 s 195\nins 2011 No. 45 s 207\nexp 2 September 2012 (see s 96(3))","sortOrder":150},{"sectionNumber":"sec.97","sectionType":"section","heading":null,"content":"### Section sec.97\n\ns 97 ins 1995 No. 23 s 6\nom 2011 No. 45 s 195","sortOrder":151},{"sectionNumber":"sec.98","sectionType":"section","heading":null,"content":"### Section sec.98\n\ns 98 ins 1995 No. 23 s 6\namd 1997 No. 38 s 133\nom 2010 No. 42 s 200","sortOrder":152},{"sectionNumber":"sec.99","sectionType":"section","heading":null,"content":"### Section sec.99\n\ns 99 ins 1995 No. 23 s 6\namd 1997 No. 38 s 134\nom 2010 No. 42 s 200","sortOrder":153},{"sectionNumber":"sec.100","sectionType":"section","heading":null,"content":"### Section sec.100\n\ns 100 ins 1995 No. 23 s 6\namd 1997 No. 38 s 135\nom 2010 No. 42 s 200","sortOrder":154},{"sectionNumber":"sec.101","sectionType":"section","heading":null,"content":"### Section sec.101\n\ns 101 ins 1995 No. 23 s 6\nom 2011 No. 45 s 195","sortOrder":155},{"sectionNumber":"sec.102","sectionType":"section","heading":null,"content":"### Section sec.102\n\ns 102 ins 1995 No. 23 s 6\namd 1997 No. 38 s 136 ; 1999 No. 66 s 45\nom 2011 No. 45 s 195","sortOrder":156},{"sectionNumber":"sec.103","sectionType":"section","heading":null,"content":"### Section sec.103\n\ns 103 ins 1995 No. 23 s 6\nom 2011 No. 45 s 195","sortOrder":157},{"sectionNumber":"sec.104","sectionType":"section","heading":null,"content":"### Section sec.104\n\ns 104 ins 1995 No. 23 s 6\nom 2011 No. 45 s 195","sortOrder":158},{"sectionNumber":"sec.105","sectionType":"section","heading":null,"content":"### Section sec.105\n\ns 105 ins 1995 No. 23 s 6\nom 2011 No. 45 s 195","sortOrder":159},{"sectionNumber":"sec.106","sectionType":"section","heading":null,"content":"### Section sec.106\n\ns 106 orig s 106 om R1 (see RA s 38)\nprev s 106 ins 1995 No. 23 s 6\nom 2011 No. 45 s 195","sortOrder":160},{"sectionNumber":"sec.107","sectionType":"section","heading":null,"content":"### Section sec.107\n\ns 107 ins 1995 No. 23 s 6\nom 2011 No. 45 s 195","sortOrder":161},{"sectionNumber":"sec.108","sectionType":"section","heading":null,"content":"### Section sec.108\n\ns 108 ins 1995 No. 23 s 6\nom 2011 No. 45 s 195","sortOrder":162},{"sectionNumber":"sec.109","sectionType":"section","heading":null,"content":"### Section sec.109\n\ns 109 ins 1995 No. 23 s 6\nom 2011 No. 45 s 195","sortOrder":163},{"sectionNumber":"sec.110","sectionType":"section","heading":null,"content":"### Section sec.110\n\ns 110 ins 1995 No. 23 s 6\nom 2011 No. 45 s 195","sortOrder":164},{"sectionNumber":"sec.111","sectionType":"section","heading":null,"content":"### Section sec.111\n\ns 111 orig s 111 om R1 (see RA s 40)\nprev s 111 ins 1995 No. 23 s 6\nom 2011 No. 45 s 195","sortOrder":165},{"sectionNumber":"sec.112","sectionType":"section","heading":null,"content":"### Section sec.112\n\ns 112 ins 1995 No. 23 s 6\nom 2011 No. 45 s 195","sortOrder":166},{"sectionNumber":"sec.113","sectionType":"section","heading":null,"content":"### Section sec.113\n\ns 113 ins 1995 No. 23 s 6\nom 2011 No. 45 s 195","sortOrder":167},{"sectionNumber":"sec.114","sectionType":"section","heading":null,"content":"### Section sec.114\n\ns 114 ins 1995 No. 23 s 6\nom 2011 No. 45 s 195","sortOrder":168},{"sectionNumber":"sec.115","sectionType":"section","heading":null,"content":"### Section sec.115\n\ns 115 ins 1995 No. 23 s 6\namd 1997 No. 38 s 137\nom 2010 No. 42 s 201","sortOrder":169},{"sectionNumber":"sec.116","sectionType":"section","heading":null,"content":"### Section sec.116\n\ns 116 ins 1995 No. 23 s 6\nom 2010 No. 42 s 201","sortOrder":170},{"sectionNumber":"sec.116H","sectionType":"section","heading":null,"content":"### Section sec.116H\n\ns 116H ins 1998 No. 20 s 18\nom 2011 No. 45 s 196","sortOrder":171},{"sectionNumber":"sec.116I","sectionType":"section","heading":null,"content":"### Section sec.116I\n\ns 116I (prev Legal Practitioners Act 1995 s 40) reloc 1998 No. 20 s 27 sch 2\nom 2011 No. 45 s 196","sortOrder":172},{"sectionNumber":"sec.117","sectionType":"section","heading":null,"content":"### Section sec.117\n\ns 117 ins 1995 No. 23 s 6\namd 1995 No. 58 s 4 sch 1 ; 1997 No. 38 s 139\nsub 1998 No. 20 s 20\nom 2011 No. 45 s 197","sortOrder":173},{"sectionNumber":"sec.118D","sectionType":"section","heading":null,"content":"### Section sec.118D\n\ns 118D ins 1998 No. 20 s 22\nom 2011 No. 45 s 204","sortOrder":174},{"sectionNumber":"sec.118E","sectionType":"section","heading":null,"content":"### Section sec.118E\n\ns 118E ins 1998 No. 20 s 22\nom 2011 No. 45 s 204","sortOrder":175},{"sectionNumber":"sec.119B","sectionType":"section","heading":null,"content":"### Section sec.119B\n\ns 119B ins 1997 No. 38 s 140\nom 2011 No. 45 s 205","sortOrder":176},{"sectionNumber":"sec.119C","sectionType":"section","heading":null,"content":"### Section sec.119C\n\ns 119C ins 1997 No. 38 s 140\namd 2009 No. 9 s 136 sch 1 ; 2009 No. 25 s 83 sch\nom 2011 No. 45 s 205","sortOrder":177},{"sectionNumber":"sec.119D","sectionType":"section","heading":null,"content":"### Section sec.119D\n\ns 119D ins 2001 No. 80 s 94 sch 2\nom 2011 No. 45 s 205","sortOrder":178},{"sectionNumber":"sec.122","sectionType":"section","heading":null,"content":"### Section sec.122\n\ns 122 amd 1994 No. 76 s 23\nom 2007 No. 55 s 54 sch 1","sortOrder":179},{"sectionNumber":"sec.123","sectionType":"section","heading":null,"content":"### Section sec.123\n\ns 123 om 2011 No. 45 s 207","sortOrder":180},{"sectionNumber":"sec.124","sectionType":"section","heading":null,"content":"### Section sec.124\n\ns 124 sub 1995 No. 58 s 4 sch 1\nom 2011 No. 45 s 207","sortOrder":181},{"sectionNumber":"sec.125","sectionType":"section","heading":null,"content":"### Section sec.125\n\ns 125 amd 2002 No. 34 s 69\nom 2011 No. 45 s 207","sortOrder":182},{"sectionNumber":"sec.126","sectionType":"section","heading":null,"content":"### Section sec.126\n\ns 126 om 2011 No. 45 s 207","sortOrder":183},{"sectionNumber":"sec.127","sectionType":"section","heading":null,"content":"### Section sec.127\n\ns 127 orig s 127 om R1 (see RA s 40)\nprev s 127 ins 1995 No. 23 s 7\nom R3 (see RA s 37)\nins 1996 No. 4 s 5\nexp 7 December 1996 (see s 127(3))\nAIA s 20A applies (see s 127(2))\nins 1997 No. 38 s 141\nom 2011 No. 45 s 207","sortOrder":184},{"sectionNumber":"sec.128","sectionType":"section","heading":null,"content":"### Section sec.128\n\ns 128 ins 1998 No. 20 s 24\namd 1999 No. 66 s 46\nom 2011 No. 45 s 207","sortOrder":185},{"sectionNumber":"sec.129","sectionType":"section","heading":null,"content":"### Section sec.129\n\ns 129 ins 1998 No. 20 s 24\nom 2011 No. 45 s 207","sortOrder":186},{"sectionNumber":"sec.130","sectionType":"section","heading":null,"content":"### Section sec.130\n\ns 130 ins 1998 No. 20 s 24\nom 2011 No. 45 s 207","sortOrder":187},{"sectionNumber":"sec.131","sectionType":"section","heading":null,"content":"### Section sec.131\n\ns 131 ins 1998 No. 20 s 24\nom 1999 No. 66 s 47","sortOrder":188},{"sectionNumber":"sec.132","sectionType":"section","heading":null,"content":"### Section sec.132\n\ns 132 ins 1998 No. 20 s 24\namd 2007 No. 37 s 157\nom 2011 No. 45 s 207","sortOrder":189},{"sectionNumber":"sec.133","sectionType":"section","heading":null,"content":"### Section sec.133\n\ns 133 ins 1998 No. 20 s 24\nom 2011 No. 45 s 207","sortOrder":190},{"sectionNumber":"sec.134","sectionType":"section","heading":null,"content":"### Section sec.134\n\ns 134 ins 1998 No. 20 s 24\nom 2011 No. 45 s 207","sortOrder":191},{"sectionNumber":"sec.135","sectionType":"section","heading":null,"content":"### Section sec.135\n\ns 135 ins 1998 No. 20 s 24\nom 2011 No. 45 s 207","sortOrder":192},{"sectionNumber":"sec.136","sectionType":"section","heading":null,"content":"### Section sec.136\n\ns 136 ins 1998 No. 20 s 24\nom 2011 No. 45 s 207","sortOrder":193},{"sectionNumber":"sec.137","sectionType":"section","heading":null,"content":"### Section sec.137\n\ns 137 ins 1998 No. 20 s 24\nom 2011 No. 45 s 207","sortOrder":194},{"sectionNumber":"sec.138","sectionType":"section","heading":null,"content":"### Section sec.138\n\ns 138 ins 2001 No. 80 s 94 sch 2\nom 2011 No. 45 s 207","sortOrder":195},{"sectionNumber":"sec.139","sectionType":"section","heading":null,"content":"### Section sec.139\n\ns 139 ins 2010 No. 26 s 133\nom 2011 No. 45 s 207","sortOrder":196},{"sectionNumber":"sec.140","sectionType":"section","heading":null,"content":"### Section sec.140\n\ns 140 ins 2010 No. 42 s 202\nom 2011 No. 45 s 207","sortOrder":197},{"sectionNumber":"sec.141","sectionType":"section","heading":null,"content":"### Section sec.141\n\ns 141 ins 2011 No. 13 s 269\nom 2011 No. 45 s 207","sortOrder":198},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"General","content":"# General","sortOrder":199},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":"Jurisdiction generally","content":"### sch.1-sec.1 Jurisdiction generally\n\nJurisdiction of the courts, including civil, criminal and any appellate jurisdiction.","sortOrder":200},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Civil proceedings","content":"# Civil proceedings","sortOrder":201},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":"Starting civil proceedings","content":"### sch.1-sec.2 Starting civil proceedings\n\nStarting civil proceedings in the courts, including, for example, the following—\noriginating process;\nwhere to start proceedings;\nfor the Supreme Court—cross-vesting of jurisdiction.\n- (a) originating process;\n- (b) where to start proceedings;\n- (c) for the Supreme Court—cross-vesting of jurisdiction.","sortOrder":202},{"sectionNumber":"sch.1-sec.3","sectionType":"section","heading":"Parties and proceedings","content":"### sch.1-sec.3 Parties and proceedings\n\nParties and proceedings, including, for example, the following—\nseveral causes of action and parties in a civil proceeding, including reconstitution of proceedings and representative parties;\nmultiple civil proceedings;\ninterpleader orders;\ncivil proceedings by or against a business or person under a legal incapacity;\nthird party procedure;\nremoval and transfer of proceedings.\nsch 1 s 3 amd 2011 No. 45 s 208 (1)\n- (a) several causes of action and parties in a civil proceeding, including reconstitution of proceedings and representative parties;\n- (b) multiple civil proceedings;\n- (c) interpleader orders;\n- (d) civil proceedings by or against a business or person under a legal incapacity;\n- (e) third party procedure;\n- (f) removal and transfer of proceedings.","sortOrder":203},{"sectionNumber":"sch.1-sec.4","sectionType":"section","heading":"Notices of intention to defend","content":"### sch.1-sec.4 Notices of intention to defend\n\nNotices of intention to defend in civil proceedings.","sortOrder":204},{"sectionNumber":"sch.1-sec.5","sectionType":"section","heading":"Service of documents","content":"### sch.1-sec.5 Service of documents\n\nService of documents for civil proceedings, including, for example, the following—\nthe various types of service, including personal service and ordinary service;\nservice outside Australia and service of foreign legal process in Queensland.\n- (a) the various types of service, including personal service and ordinary service;\n- (b) service outside Australia and service of foreign legal process in Queensland.","sortOrder":205},{"sectionNumber":"sch.1-sec.6","sectionType":"section","heading":"Pleadings","content":"### sch.1-sec.6 Pleadings\n\nPleadings, including, for example, the following—\nmatters in pleadings and particulars;\nprogress of pleadings;\nparticular pleadings, including statements of claim and counterclaims.\n- (a) matters in pleadings and particulars;\n- (b) progress of pleadings;\n- (c) particular pleadings, including statements of claim and counterclaims.","sortOrder":206},{"sectionNumber":"sch.1-sec.7","sectionType":"section","heading":"Disclosure","content":"### sch.1-sec.7 Disclosure\n\nIn civil proceedings—\ndisclosure by parties, including disclosure and inspection of documents and interrogatories; or\nnon-party disclosure; or\nadmissions; or\ndisclosure of experts’ reports and other material to which legal professional privilege may attach, including by direction or order of the court.\n- (a) disclosure by parties, including disclosure and inspection of documents and interrogatories; or\n- (b) non-party disclosure; or\n- (c) admissions; or\n- (d) disclosure of experts’ reports and other material to which legal professional privilege may attach, including by direction or order of the court.","sortOrder":207},{"sectionNumber":"sch.1-sec.8","sectionType":"section","heading":"Preservation of rights and property","content":"### sch.1-sec.8 Preservation of rights and property\n\nPreservation of rights and property in civil proceedings, including, for example, the following—\ninspection, detention and preservation of property;\nfor the Supreme Court and the District Court—\nfreezing orders, search orders or injunctions; or\nreceivers; or\nsales by court order.\nsch 1 s 8 amd 2011 No. 45 s 208 (2)\n- (a) inspection, detention and preservation of property;\n- (b) for the Supreme Court and the District Court— (i) freezing orders, search orders or injunctions; or (ii) receivers; or (iii) sales by court order.\n- (i) freezing orders, search orders or injunctions; or\n- (ii) receivers; or\n- (iii) sales by court order.\n- (i) freezing orders, search orders or injunctions; or\n- (ii) receivers; or\n- (iii) sales by court order.","sortOrder":208},{"sectionNumber":"sch.1-sec.9","sectionType":"section","heading":"Set off","content":"### sch.1-sec.9 Set off\n\nHow set offs are to be treated in proceedings and by the court.\nsch 1 s 9 ins 2011 No. 45 s 208 (3)","sortOrder":209},{"sectionNumber":"sch.1-sec.10","sectionType":"section","heading":"Ending proceedings early","content":"### sch.1-sec.10 Ending proceedings early\n\nEnding civil proceedings early, including, for example, the following—\nending proceedings because of default;\nsummary decisions;\ndiscontinuance and withdrawal;\nalternative dispute resolution processes, including, for example, the following—\npersons who must pay ADR costs and the way, and time within which, ADR costs are to be paid;\njurisdiction of a case appraiser at a case appraisal;\nability of a mediator or case appraiser to seek independent advice or information;\ntime within which an ADR process should be finished (which may be a time specified by the court);\nconduct of an ADR process;\nconfidentiality of a mediated agreement or case appraiser’s decision;\napplying procedures and other matters similar to those applying to arbitrations under the Commercial Arbitration Act 2013 ;\nimposing penalties against a party who fails to cooperate in an ADR process;\nconciliation processes, including, for example, the following—\nexperience and qualifications for approval, under the Magistrates Courts Act 1921 , section 42T , as a conciliator;\nthe way a conciliator is to be appointed under the Magistrates Courts Act 1921 , section 42F ;\ntime within which conciliation processes should be finished;\nrequirements about recording an agreement under the Magistrates Courts Act 1921 , section 42M ;\nrequirements for parties to help conciliators;\nability of a conciliator to seek independent advice or information;\nappointment of a replacement conciliator;\nabandonment of a conciliation process;\ninformation to be contained in the register to be kept under the Magistrates Courts Act 1921 , section 42X ;\nform of a conciliation certificate;\noffers to settle and payments by defendants;\nthe referral of cases to arbitration.\nIn this section—\nconciliation certificate means a certificate mentioned in the Magistrates Courts Act 1921 , section 42L .\nconciliation process see the Magistrates Courts Act 1921 , section 42D .\nconciliator see the Magistrates Courts Act 1921 , section 2 .\nsch 1 s 10 amd 2007 No. 55 s 54 sch 1 ; 2010 No. 42 s 203 ; 2013 No. 8 s 43 s ch 1 pt 2\n(sch.1-sec.10-ssec.1) Ending civil proceedings early, including, for example, the following— ending proceedings because of default; summary decisions; discontinuance and withdrawal; alternative dispute resolution processes, including, for example, the following— persons who must pay ADR costs and the way, and time within which, ADR costs are to be paid; jurisdiction of a case appraiser at a case appraisal; ability of a mediator or case appraiser to seek independent advice or information; time within which an ADR process should be finished (which may be a time specified by the court); conduct of an ADR process; confidentiality of a mediated agreement or case appraiser’s decision; applying procedures and other matters similar to those applying to arbitrations under the Commercial Arbitration Act 2013 ; imposing penalties against a party who fails to cooperate in an ADR process; conciliation processes, including, for example, the following— experience and qualifications for approval, under the Magistrates Courts Act 1921 , section 42T , as a conciliator; the way a conciliator is to be appointed under the Magistrates Courts Act 1921 , section 42F ; time within which conciliation processes should be finished; requirements about recording an agreement under the Magistrates Courts Act 1921 , section 42M ; requirements for parties to help conciliators; ability of a conciliator to seek independent advice or information; appointment of a replacement conciliator; abandonment of a conciliation process; information to be contained in the register to be kept under the Magistrates Courts Act 1921 , section 42X ; form of a conciliation certificate; offers to settle and payments by defendants; the referral of cases to arbitration.\n(sch.1-sec.10-ssec.2) In this section— conciliation certificate means a certificate mentioned in the Magistrates Courts Act 1921 , section 42L . conciliation process see the Magistrates Courts Act 1921 , section 42D . conciliator see the Magistrates Courts Act 1921 , section 2 .\n- (a) ending proceedings because of default;\n- (b) summary decisions;\n- (c) discontinuance and withdrawal;\n- (d) alternative dispute resolution processes, including, for example, the following— (i) persons who must pay ADR costs and the way, and time within which, ADR costs are to be paid; (ii) jurisdiction of a case appraiser at a case appraisal; (iii) ability of a mediator or case appraiser to seek independent advice or information; (iv) time within which an ADR process should be finished (which may be a time specified by the court); (v) conduct of an ADR process; (vi) confidentiality of a mediated agreement or case appraiser’s decision; (vii) applying procedures and other matters similar to those applying to arbitrations under the Commercial Arbitration Act 2013 ; (viii) imposing penalties against a party who fails to cooperate in an ADR process;\n- (i) persons who must pay ADR costs and the way, and time within which, ADR costs are to be paid;\n- (ii) jurisdiction of a case appraiser at a case appraisal;\n- (iii) ability of a mediator or case appraiser to seek independent advice or information;\n- (iv) time within which an ADR process should be finished (which may be a time specified by the court);\n- (v) conduct of an ADR process;\n- (vi) confidentiality of a mediated agreement or case appraiser’s decision;\n- (vii) applying procedures and other matters similar to those applying to arbitrations under the Commercial Arbitration Act 2013 ;\n- (viii) imposing penalties against a party who fails to cooperate in an ADR process;\n- (e) conciliation processes, including, for example, the following— (i) experience and qualifications for approval, under the Magistrates Courts Act 1921 , section 42T , as a conciliator; (ii) the way a conciliator is to be appointed under the Magistrates Courts Act 1921 , section 42F ; (iii) time within which conciliation processes should be finished; (iv) requirements about recording an agreement under the Magistrates Courts Act 1921 , section 42M ; (v) requirements for parties to help conciliators; (vi) ability of a conciliator to seek independent advice or information; (vii) appointment of a replacement conciliator; (viii) abandonment of a conciliation process; (ix) information to be contained in the register to be kept under the Magistrates Courts Act 1921 , section 42X ; (x) form of a conciliation certificate;\n- (i) experience and qualifications for approval, under the Magistrates Courts Act 1921 , section 42T , as a conciliator;\n- (ii) the way a conciliator is to be appointed under the Magistrates Courts Act 1921 , section 42F ;\n- (iii) time within which conciliation processes should be finished;\n- (iv) requirements about recording an agreement under the Magistrates Courts Act 1921 , section 42M ;\n- (v) requirements for parties to help conciliators;\n- (vi) ability of a conciliator to seek independent advice or information;\n- (vii) appointment of a replacement conciliator;\n- (viii) abandonment of a conciliation process;\n- (ix) information to be contained in the register to be kept under the Magistrates Courts Act 1921 , section 42X ;\n- (x) form of a conciliation certificate;\n- (f) offers to settle and payments by defendants;\n- (g) the referral of cases to arbitration.\n- (i) persons who must pay ADR costs and the way, and time within which, ADR costs are to be paid;\n- (ii) jurisdiction of a case appraiser at a case appraisal;\n- (iii) ability of a mediator or case appraiser to seek independent advice or information;\n- (iv) time within which an ADR process should be finished (which may be a time specified by the court);\n- (v) conduct of an ADR process;\n- (vi) confidentiality of a mediated agreement or case appraiser’s decision;\n- (vii) applying procedures and other matters similar to those applying to arbitrations under the Commercial Arbitration Act 2013 ;\n- (viii) imposing penalties against a party who fails to cooperate in an ADR process;\n- (i) experience and qualifications for approval, under the Magistrates Courts Act 1921 , section 42T , as a conciliator;\n- (ii) the way a conciliator is to be appointed under the Magistrates Courts Act 1921 , section 42F ;\n- (iii) time within which conciliation processes should be finished;\n- (iv) requirements about recording an agreement under the Magistrates Courts Act 1921 , section 42M ;\n- (v) requirements for parties to help conciliators;\n- (vi) ability of a conciliator to seek independent advice or information;\n- (vii) appointment of a replacement conciliator;\n- (viii) abandonment of a conciliation process;\n- (ix) information to be contained in the register to be kept under the Magistrates Courts Act 1921 , section 42X ;\n- (x) form of a conciliation certificate;","sortOrder":210},{"sectionNumber":"sch.1-sec.11","sectionType":"section","heading":"Court supervision","content":"### sch.1-sec.11 Court supervision\n\nCourt supervision of civil proceedings, including, for example, the following—\ndirections about the conduct of proceedings;\nconsequences of failing to comply with rules, directions or court orders;\namendments, both with and without leave;\ncontinuation of proceedings after delay.\n- (a) directions about the conduct of proceedings;\n- (b) consequences of failing to comply with rules, directions or court orders;\n- (c) amendments, both with and without leave;\n- (d) continuation of proceedings after delay.","sortOrder":211},{"sectionNumber":"sch.1-sec.12","sectionType":"section","heading":"Evidence","content":"### sch.1-sec.12 Evidence\n\nThe taking of evidence generally, including, for example, the following—\nthe way evidence may be given;\ndispensing with the rules of evidence;\ntaking evidence out of court;\ntaking evidence for future claims;\nsubpoenas;\naffidavits and the exchange of correspondence instead of affidavit evidence;\nthe obtaining of evidence by the court, including, for example, the calling of witnesses;\ninterpreters and translators.\nExpert evidence generally, including, for example, the following—\nconferring immunity from action on experts in relation to reports tendered in evidence;\nmatters relating to court experts;\nthe appointment by the court of an expert to prepare a report about a dispute before proceedings are started for tendering as evidence in proceedings started later in relation to the dispute;\ndefining the duty of an expert witness in relation to the court and the parties;\nprescribing the basis of and conditions for the admissibility of expert evidence.\nsch 1 s 12 amd 2003 No. 77 s 120 ; 2011 No. 45 s 208 (4)\n(sch.1-sec.12-ssec.1) The taking of evidence generally, including, for example, the following— the way evidence may be given; dispensing with the rules of evidence; taking evidence out of court; taking evidence for future claims; subpoenas; affidavits and the exchange of correspondence instead of affidavit evidence; the obtaining of evidence by the court, including, for example, the calling of witnesses; interpreters and translators.\n(sch.1-sec.12-ssec.2) Expert evidence generally, including, for example, the following— conferring immunity from action on experts in relation to reports tendered in evidence; matters relating to court experts; the appointment by the court of an expert to prepare a report about a dispute before proceedings are started for tendering as evidence in proceedings started later in relation to the dispute; defining the duty of an expert witness in relation to the court and the parties; prescribing the basis of and conditions for the admissibility of expert evidence.\n- (a) the way evidence may be given;\n- (b) dispensing with the rules of evidence;\n- (c) taking evidence out of court;\n- (d) taking evidence for future claims;\n- (e) subpoenas;\n- (f) affidavits and the exchange of correspondence instead of affidavit evidence;\n- (g) the obtaining of evidence by the court, including, for example, the calling of witnesses;\n- (h) interpreters and translators.\n- (a) conferring immunity from action on experts in relation to reports tendered in evidence;\n- (b) matters relating to court experts;\n- (c) the appointment by the court of an expert to prepare a report about a dispute before proceedings are started for tendering as evidence in proceedings started later in relation to the dispute;\n- (d) defining the duty of an expert witness in relation to the court and the parties;\n- (e) prescribing the basis of and conditions for the admissibility of expert evidence.","sortOrder":212},{"sectionNumber":"sch.1-sec.13","sectionType":"section","heading":"Registrars","content":"### sch.1-sec.13 Registrars\n\nJurisdiction of registrars.\nsch 1 s 13 amd 2007 No. 37 s 158 (1)\nsub 2011 No. 45 s 208 (5)","sortOrder":213},{"sectionNumber":"sch.1-sec.14","sectionType":"section","heading":"Trials and other hearings","content":"### sch.1-sec.14 Trials and other hearings\n\nTrials and other hearings of civil proceedings, including, for example, the following—\npractice lists;\nlisting applications for hearing and setting trial dates;\nthe conduct of trials;\ndecisions without pleadings or without hearings;\nseparate decisions on questions;\nassessors and referees;\nassessment of damages;\nsimplified procedures for particular claims.\nsch 1 s 14 amd 2009 No. 24 s 1601 ; 2019 No. 12 s 48\n- (a) practice lists;\n- (b) listing applications for hearing and setting trial dates;\n- (c) the conduct of trials;\n- (d) decisions without pleadings or without hearings;\n- (e) separate decisions on questions;\n- (f) assessors and referees;\n- (g) assessment of damages;\n- (h) simplified procedures for particular claims.","sortOrder":214},{"sectionNumber":"sch.1-sec.15","sectionType":"section","heading":"Particular proceedings","content":"### sch.1-sec.15 Particular proceedings\n\nParticular civil proceedings, including, for example, the following—\nthe taking of accounts;\nproceedings for damages for personal injury or death;\nthe payment of amounts into court;\nfor the Supreme Court—\njudicial review proceedings; or\nproceedings for the issue of a writ of habeas corpus.\n- (a) the taking of accounts;\n- (b) proceedings for damages for personal injury or death;\n- (c) the payment of amounts into court;\n- (d) for the Supreme Court— (i) judicial review proceedings; or (ii) proceedings for the issue of a writ of habeas corpus.\n- (i) judicial review proceedings; or\n- (ii) proceedings for the issue of a writ of habeas corpus.\n- (i) judicial review proceedings; or\n- (ii) proceedings for the issue of a writ of habeas corpus.","sortOrder":215},{"sectionNumber":"sch.1-sec.16","sectionType":"section","heading":"Assessment of accounts","content":"### sch.1-sec.16 Assessment of accounts\n\nAssessment of accounts, including—\nthe appointment and removal of persons to assess accounts; or\npowers of account assessors; or\nprocedures; or\nreview of assessments.\nsch 1 s 16 ins 2011 No. 45 s 208 (6)\n- (a) the appointment and removal of persons to assess accounts; or\n- (b) powers of account assessors; or\n- (c) procedures; or\n- (d) review of assessments.","sortOrder":216},{"sectionNumber":"sch.1-sec.17","sectionType":"section","heading":"Probate","content":"### sch.1-sec.17 Probate\n\nFor the Supreme Court, probate, including, for example, the following—\napplications for grants of probate or letters of administration and the documents required;\nresealing grants;\nproceedings under the Public Trustee Act 1978 ;\ncaveats objecting to grants, orders to administer or resealing of grants;\ncontested proceedings.\n- (a) applications for grants of probate or letters of administration and the documents required;\n- (b) resealing grants;\n- (c) proceedings under the Public Trustee Act 1978 ;\n- (d) caveats objecting to grants, orders to administer or resealing of grants;\n- (e) contested proceedings.","sortOrder":217},{"sectionNumber":"sch.1-sec.18","sectionType":"section","heading":"Contempt of court","content":"### sch.1-sec.18 Contempt of court\n\nContempt of court and proceedings for failure to comply with an order, other than an order for the payment of money.\nsch 1 s 18 amd 2007 No. 37 s 158 (2) – (3)\nsub 2011 No. 45 s 208 (7)","sortOrder":218},{"sectionNumber":"sch.1-sec.19","sectionType":"section","heading":"Vexatious proceedings","content":"### sch.1-sec.19 Vexatious proceedings\n\nRestriction of vexatious proceedings within the meaning of the Vexatious Proceedings Act 2005 .\nsch 1 s 19 ins 2005 No. 70 s 165","sortOrder":219},{"sectionNumber":"sch.1-sec.20","sectionType":"section","heading":"Trusts","content":"### sch.1-sec.20 Trusts\n\nFor the Supreme Court, trusts.","sortOrder":220},{"sectionNumber":"sch.1-sec.21","sectionType":"section","heading":"Costs","content":"### sch.1-sec.21 Costs\n\nCosts in civil proceedings, including, for example, the following—\nsecurity for costs;\nentitlement to recover costs of a proceeding;\ncosts of a party in a proceeding;\nassessment of costs, including—\nthe approval of registrars, and the appointment and removal of other persons, to assess costs under the Uniform Civil Procedure Rules 1999 ; or\npowers of costs assessors to assess costs; or\nprocedures; or\nreview of assessments.\nsch 1 s 21 amd 2007 No. 39 s 39\n- (a) security for costs;\n- (b) entitlement to recover costs of a proceeding;\n- (c) costs of a party in a proceeding;\n- (d) assessment of costs, including— (i) the approval of registrars, and the appointment and removal of other persons, to assess costs under the Uniform Civil Procedure Rules 1999 ; or (ii) powers of costs assessors to assess costs; or (iii) procedures; or (iv) review of assessments.\n- (i) the approval of registrars, and the appointment and removal of other persons, to assess costs under the Uniform Civil Procedure Rules 1999 ; or\n- (ii) powers of costs assessors to assess costs; or\n- (iii) procedures; or\n- (iv) review of assessments.\n- (i) the approval of registrars, and the appointment and removal of other persons, to assess costs under the Uniform Civil Procedure Rules 1999 ; or\n- (ii) powers of costs assessors to assess costs; or\n- (iii) procedures; or\n- (iv) review of assessments.","sortOrder":221},{"sectionNumber":"sch.1-sec.22","sectionType":"section","heading":"Appeals, applications and cases stated to Court of Appeal","content":"### sch.1-sec.22 Appeals, applications and cases stated to Court of Appeal\n\nAppeals, applications and cases stated to the Court of Appeal.","sortOrder":222},{"sectionNumber":"sch.1-sec.23","sectionType":"section","heading":"Enforcement of money orders","content":"### sch.1-sec.23 Enforcement of money orders\n\nEnforcement of orders, including, for example, the following—\nenforcement hearings;\nenforcement warrants, including—\nenforcement warrants for entry on to and delivery of possession of land; or\nenforcement warrants for seizure and sale of property; or\nenforcement warrants for seizure and delivery of specified goods; or\nenforcement warrants for seizure and detention of property; or\nenforcement warrants for redirection of debts or earnings; or\nfor the Supreme Court—enforcement warrants for charging orders and stop orders;\npayment of a money order debt by instalments;\npowers of enforcement officers.\nsch 1 s 23 amd 1999 No. 66 s 48 ; 2011 No. 45 s 208 (8) – (9)\n- (a) enforcement hearings;\n- (b) enforcement warrants, including— (i) enforcement warrants for entry on to and delivery of possession of land; or (ii) enforcement warrants for seizure and sale of property; or (iii) enforcement warrants for seizure and delivery of specified goods; or (iv) enforcement warrants for seizure and detention of property; or (v) enforcement warrants for redirection of debts or earnings; or (vi) for the Supreme Court—enforcement warrants for charging orders and stop orders;\n- (i) enforcement warrants for entry on to and delivery of possession of land; or\n- (ii) enforcement warrants for seizure and sale of property; or\n- (iii) enforcement warrants for seizure and delivery of specified goods; or\n- (iv) enforcement warrants for seizure and detention of property; or\n- (v) enforcement warrants for redirection of debts or earnings; or\n- (vi) for the Supreme Court—enforcement warrants for charging orders and stop orders;\n- (c) payment of a money order debt by instalments;\n- (d) powers of enforcement officers.\n- (i) enforcement warrants for entry on to and delivery of possession of land; or\n- (ii) enforcement warrants for seizure and sale of property; or\n- (iii) enforcement warrants for seizure and delivery of specified goods; or\n- (iv) enforcement warrants for seizure and detention of property; or\n- (v) enforcement warrants for redirection of debts or earnings; or\n- (vi) for the Supreme Court—enforcement warrants for charging orders and stop orders;","sortOrder":223},{"sectionNumber":"sch.1-sec.24","sectionType":"section","heading":"Reciprocal enforcement of foreign judgments","content":"### sch.1-sec.24 Reciprocal enforcement of foreign judgments\n\nThe reciprocal enforcement of foreign judgments, including under a Commonwealth law.","sortOrder":224},{"sectionNumber":"sch.1-sec.25","sectionType":"section","heading":"Corporations","content":"### sch.1-sec.25 Corporations\n\nAny law, including a Commonwealth law, under which the Supreme Court exercises jurisdiction in relation to corporations or similar entities.","sortOrder":225},{"sectionNumber":"sch.1-sec.26","sectionType":"section","heading":"Miscellaneous matters","content":"### sch.1-sec.26 Miscellaneous matters\n\nThe following matters—\ndocuments filed in the registries;\nfiling, receipt, service, issue or transmission electronically of approved forms and other documents and material for use in, or in connection with, proceedings, including, electronic representations or equivalents of seals, stamps and signatures and their validity;\nthe functions of the registries generally;\nthe rules applicable to lawyers acting for parties in proceedings in the court;\ntransitional arrangements.\nsch 1 s 26 amd 2004 No. 11 s 596 sch 1\n- (a) documents filed in the registries;\n- (b) filing, receipt, service, issue or transmission electronically of approved forms and other documents and material for use in, or in connection with, proceedings, including, electronic representations or equivalents of seals, stamps and signatures and their validity;\n- (c) the functions of the registries generally;\n- (d) the rules applicable to lawyers acting for parties in proceedings in the court;\n- (e) transitional arrangements.","sortOrder":226},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"Criminal proceedings","content":"# Criminal proceedings","sortOrder":227},{"sectionNumber":"sch.1-sec.27","sectionType":"section","heading":"Practice and procedure in criminal jurisdiction","content":"### sch.1-sec.27 Practice and procedure in criminal jurisdiction\n\nPractice and procedure in the courts’ criminal jurisdiction (including any appellate jurisdiction) generally, including, for example, the following—\nforms for proceedings;\napplications;\nlawyers’ and court’s duties;\npre-trial matters, including, for example, subpoenas and pre-trial directions and rulings;\nregulating trial proceedings;\nevidence;\nthe custody and inspection of exhibits;\nthe recording of proceedings and access to the records;\nappeals, including, appeals to the Court of Appeal and the District Court;\nlisting trials, sentences, applications and appeals for hearing, and setting hearing dates;\nfiling, receipt, service, issue or transmission electronically of forms and other documents and material for use in, or in connection with, proceedings, including, electronic representations or equivalents of seals, stamps and signatures and their validity.\nsch 1 s 27 amd 2004 No. 11 s 596 sch 1\n- (a) forms for proceedings;\n- (b) applications;\n- (c) lawyers’ and court’s duties;\n- (d) pre-trial matters, including, for example, subpoenas and pre-trial directions and rulings;\n- (e) regulating trial proceedings;\n- (f) evidence;\n- (g) the custody and inspection of exhibits;\n- (h) the recording of proceedings and access to the records;\n- (i) appeals, including, appeals to the Court of Appeal and the District Court;\n- (j) listing trials, sentences, applications and appeals for hearing, and setting hearing dates;\n- (k) filing, receipt, service, issue or transmission electronically of forms and other documents and material for use in, or in connection with, proceedings, including, electronic representations or equivalents of seals, stamps and signatures and their validity.","sortOrder":228},{"sectionNumber":"sch.1-pt.4","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":229},{"sectionNumber":"sch.1-sec.28","sectionType":"section","heading":"Matter used in proceedings","content":"### sch.1-sec.28 Matter used in proceedings\n\nThe disposal or destruction of matter held by the court that was used in a proceeding and is unclaimed.\nsch 1 s 28 ins 2002 No. 34 s 70","sortOrder":230}],"analysis":{"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act began in 1991 as a foundational court structure statute but has significantly expanded over time. Major additions include the formalisation of the Court of Appeal as a distinct division (1990s), the creation of regional judicial roles (Central, Northern, Far Northern Judges), the introduction of reserve judges as a distinct category (2024), commercial list provisions, and detailed rules about acting/temporary appointments. The 2011 amendments (Act No. 45) were particularly sweeping, substituting or inserting dozens of sections. The original scope focused on basic court composition; the current Act encompasses detailed judicial appointment mechanics, regional administration, registry operations, staffing, and appeal pathways."},"complexity_factors":["Multiple interlocking roles and hierarchies (Chief Justice, President of Court of Appeal, Senior Judge Administrator, Central/Northern/Far Northern Judges) with overlapping responsibilities","Several distinct categories of temporary judicial appointments (acting judges, reserve judges, additional judges of appeal) each with different eligibility criteria, term limits, and age caps","Frequent cross-references to other legislation (Constitution of Queensland 2001, Judicial Remuneration Act 2007, Judges (Pensions and Long Leave) Act 1957, Acts Interpretation Act 1954, Public Sector Act 2022)","Extensive amendment history — multiple sections have been inserted, substituted, renumbered, and omitted across 30+ years, creating a layered legislative text","Nuanced rules about when proceedings can be transferred between courts (removal and remission provisions in Part 5)","Different age retirement thresholds depending on judge type (70 for active judges, 78 for retired judges acting or serving as reserve judges)","Geographic complexity — four regional court structures with specific rules about what 'Brisbane' references mean in each region","Leave-to-appeal requirements vary depending on the nature of the appeal (consent orders, costs-only appeals, commercial list proceedings)"],"plain_english_summary":"## Supreme Court of Queensland Act 1991\n\n### What this law does\nThis Act sets up and governs how Queensland's highest court — the **Supreme Court of Queensland** — is structured and operates. Think of it as the rulebook for how the court is organised, who works in it, and how it runs its day-to-day business.\n\n### Who it affects\n- **Anyone involved in serious legal proceedings in Queensland** — major criminal trials, significant civil disputes (like large commercial or property cases), and appeals from lower courts\n- **Judges, court officers, and legal practitioners** who work within the Supreme Court system\n- **The Queensland Government** — including the Governor in Council (the Governor acting on the advice of Cabinet) who appoints judges\n- **The general public**, since the Act binds all persons including the State itself\n\n### Key things this law covers\n\n**Court structure:** The Supreme Court is divided into two main parts:\n- The **Court of Appeal** — hears appeals (challenges to decisions made by lower courts or the Trial Division). Usually sits with 3 or more judges.\n- The **Trial Division** — where major cases are first heard, presided over by a single judge.\n\n**Judges:** The Act explains who can be a judge, how they are appointed (by the Governor in Council through a formal document called a *commission*), and when they must retire (at age 70, with some exceptions). It also allows for:\n- **Acting judges** — temporary judges appointed when the court needs extra help\n- **Reserve judges** — retired judges or interstate/federal judges who can be called upon to assist the court for limited periods\n\n**Leadership:** The **Chief Justice** is the head of the whole court and is responsible for its overall administration. The **President of the Court of Appeal** runs the appeals division, and the **Senior Judge Administrator** oversees the Trial Division.\n\n**Regional coverage:** Queensland is a big State, so the court operates across four regions (Southern, Central, Northern, and Far Northern), with dedicated judges based in areas like Rockhampton, Townsville, and Cairns to ensure people outside Brisbane can access the court.\n\n**Court Registry:** The court has a central registry in Brisbane and regional offices in Rockhampton, Townsville, and Cairns — these are the administrative offices where court documents are filed and processed.\n\n**Appeals:** Parties who lose a case in the Trial Division can generally appeal to the Court of Appeal. Some types of appeals (like appeals about costs only, or appeals from orders both parties agreed to) require special permission (*leave*) before they can proceed.\n\n**Open justice:** Court proceedings must generally be conducted in public (called *open court*), though the court can restrict public access if justice requires it.\n\n### Why it matters to you\nIf you are ever involved in a serious legal matter in Queensland — whether as a party to a lawsuit, a witness, a victim, or someone accused of a serious crime — this is the court that may ultimately decide your case. This Act ensures the court has the structure, personnel, and processes needed to operate fairly and efficiently across the whole State."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.2","severity":"medium","reasoning":"The operative text of s2 directs readers to schedule 5, but the editorial note within the same section says definitions are in schedule 2. A reader cannot know which schedule to consult without external verification. This is likely a drafting or renumbering error, but creates a genuine internal inconsistency within the provision itself.","confidence":0.82,"description":"The dictionary section refers to 'schedule 5' as defining particular words, but the amendment history note states definitions are located in 'schedule 2 (Dictionary)'. These cannot both be correct simultaneously."},{"type":"self_contradicting","section":"sec.6-ssec.8","severity":"medium","reasoning":"Section 6(6) imposes a firm age cap of 78. Section 6(8) says 'despite subsection (6)' the judge remains a judge to finish a proceeding started before the commission ends. There is no time limit on finishing a proceeding, so the 78-year cap can be circumvented indefinitely. The phrase 'despite subsection (6)' makes this explicit. This is not merely a tension — the drafting consciously overrides the age limit without any outer boundary.","confidence":0.78,"description":"Section 6(8) states that a retired Supreme Court judge who 'starts the hearing of a proceeding' before their commission ends 'remains a judge for the purposes of finishing the proceeding' despite s6(6) imposing a hard 78-year age limit. This creates an open-ended exception: a judge could theoretically start a hearing the day before turning 78 and remain a judge indefinitely to finish it, completely defeating the age limit."},{"type":"other","section":"sec.6A-ssec.2","severity":"low","reasoning":"While not logically impossible, the eligibility threshold and the termination age being identical (70) for this category means the practical window for appointment is vanishingly narrow and the appointment may be effectively worthless. A person appointed at 69 could serve at most up to 70 (less than a year), yet the appointment framework contemplates up to 5 years. This is a structural oddity rather than a strict logical impossibility.","confidence":0.72,"description":"The eligibility criterion for reserve judges from interstate/federal courts requires that the person 'has not reached 70 years of age' at the time of appointment, but s6A(3)(b)(ii) then says their appointment ends when they reach 70. This means a person could be validly appointed at age 69 years and 364 days, only to have their appointment expire the following day."},{"type":"self_contradicting","section":"sec.6A-ssec.4","severity":"low","reasoning":"The carve-out in s6A(4) is designed to allow judges to finish proceedings, but once the commission ends by age limit under s6A(3)(b), no further engagement under s6B is possible. The carve-out says the judge 'remains a reserve judge for the purposes of finishing the proceeding' despite s6A(3) — but it only applies to judges 'engaged under section 6B', which requires a current commission. There is circularity: the commission must have ended for s6A(3) to apply, but the carve-out requires an active s6B engagement.","confidence":0.65,"description":"Section 6A(4) (the 'despite subsection (3)' carve-out for finishing proceedings) applies only to reserve judges 'engaged under section 6B'. However, s6A(3) terminates appointments on reaching the age limit. A reserve judge who has reached 78 (or 70 for non-QLD judges) and whose commission has accordingly terminated cannot be 'engaged under section 6B' at that point, making the carve-out potentially self-defeating for age-based terminations."},{"type":"circular_definition","section":"sec.53-ssec.6","severity":"low","reasoning":"The Far Northern Region is defined by reference to a Supreme Court district, which is itself defined by regulation. Unlike the Central Region (s53(4), defined by schedule 2) and Northern Region (s53(5), defined by schedule 3), the Far Northern Region has no fixed statutory boundary and depends on delegated legislation that could change. This is a structural circularity and potential instability in the definition.","confidence":0.75,"description":"The Far Northern Region is defined circularly: it is 'the area of the State that is the Supreme Court district containing Cairns.' But Supreme Court districts are defined by s57 as consisting of 'Magistrates Court districts prescribed under a regulation', and take their names from where the court sits (s57(3)). The Far Northern Region's definition thus depends on a district that is itself defined by subordinate regulation, creating a region whose boundaries are not ascertainable from the Act alone."},{"type":"self_contradicting","section":"sec.60-ssec.2","severity":"medium","reasoning":"Section 60(2) gives parties the power to make a judgment final and non-appealable. Section 61(6) then says a proceeding can be removed into the Court of Appeal even where expressed 'by an Act to be final or without appeal'. A judgment made final by agreement under s60(2) is not 'expressed by an Act to be final' — it is expressed by the parties' agreement. So technically the override in s61(6) may not apply, but the tension creates genuine interpretive uncertainty about the enforceability of finality agreements.","confidence":0.6,"description":"Section 60(2) allows parties to a commercial list proceeding to agree that a judgment is 'final and not subject to appeal'. However, s61(6) provides that a proceeding may be removed into the Court of Appeal 'despite any decision or determination in the proceeding being expressed by an Act to be final or without appeal'. This creates a situation where a contractual finality agreement under s60(2) can be overridden by s61(6), making the parties' agreement potentially meaningless."},{"type":"circular_definition","section":"sec.25-ssec.5","severity":"medium","reasoning":"Subsection (4) says the fact of acting is sufficient evidence of authority. Subsection (5) says acts are valid even when the occasion to act had not arisen or had ceased (i.e. there was no actual authority). Together, these provisions mean there is effectively no meaningful threshold for the validity of acts — the act itself proves authority, and lack of authority doesn't invalidate the act. While this may be a practical necessity for court administration, it creates a logical circularity in the authority framework.","confidence":0.68,"description":"Section 25(5) provides that acts done 'in purporting to act in, or perform functions of' a more senior office are not invalid 'merely because the occasion for the judge to act... had not arisen or had ceased'. This effectively validates acts done without any actual authority. Combined with s25(4) which provides that the mere fact of acting is 'sufficient evidence' of authority, the provision creates a self-validating loop: acting as if authorised is evidence of authority, and acting without authority is still valid."},{"type":"other","section":"sec.44-ssec.5","severity":"medium","reasoning":"The section expressly deems orders valid even if made outside the powers conferred. While s44(4) allows the Court of Appeal to discharge or vary such orders, until discharged they have full legal effect. This creates a situation where a single judge of appeal can make orders exceeding their powers, and those orders are valid unless affirmatively set aside — inverting the normal principle that ultra vires acts are void.","confidence":0.73,"description":"Section 44(5) provides that a judgment, order or direction by a single judge of appeal 'has effect as a judgment, order or direction of the Court of Appeal, whether or not the judgment, order or direction is within the powers of the judge of appeal under this section.' This means an order made outside the judge's lawful powers under the section is nevertheless deemed valid as a Court of Appeal order. This validates ultra vires acts by statutory fiction."}],"contradictions":[{"severity":"low","section_a":"sec.5-ssec.1","section_b":"sec.45-ssec.1","confidence":0.62,"description":"Section 5(1) states the court is divided into 'the office of the Chief Justice' and '2 divisions, namely, the Court of Appeal and the Trial Division'. Section 45(1) then defines the Trial Division as consisting of 'the judges of the court other than the Chief Justice, the President of the Court of Appeal and the other judges of appeal'. If the Chief Justice has their own separate 'office' that is not a division, it is unclear where the Chief Justice exercises jurisdiction — s5(2) allows the Chief Justice to sit in either division, but the Chief Justice is structurally neither in the Court of Appeal nor the Trial Division."},{"severity":"medium","section_a":"sec.6-ssec.9","section_b":"sec.6-ssec.9","confidence":0.7,"description":"Section 6(9) excludes from Governor in Council remuneration discretion a 'retired Supreme Court Judge appointed under subsection (1), (2) or (4)'. Subsection (1) covers acting judges appointed due to a judge's absence; subsection (2) covers acting judges appointed to assist the Trial Division; subsection (4) covers retired judges. The exclusion of subsection (1) and (2) appointees from the Governor in Council's remuneration power (directing instead to the Judicial Remuneration Act) appears to be a drafting error — subsections (1) and (2) apply to non-retired judges, not retired ones, yet the note about the Judicial Remuneration Act 2007 s5A is expressed as applying to 'retired Supreme Court judge[s]'. The internal logic of s6(9) is therefore inconsistent."},{"severity":"medium","section_a":"sec.6A-ssec.2","section_b":"sec.6-ssec.4","confidence":0.77,"description":"Section 6(4) allows a retired Supreme Court judge to be appointed to act as a judge for up to 2 years (with a 78-year age limit under s6(6)). Section 6A creates a separate 'reserve judge' category also available to retired Supreme Court judges, with appointments of up to 5 years (with the same 78-year age limit under s6A(3)(b)(i)). The two regimes overlap substantially for retired Supreme Court judges without clear guidance on when each regime applies, creating potential for inconsistent treatment and forum shopping between appointment types."},{"severity":"low","section_a":"sec.28-ssec.1","section_b":"sec.4","confidence":0.58,"description":"Section 4 states the court consists of a Chief Justice, President of the Court of Appeal, other judges of appeal, a Senior Judge Administrator, and other judges. Section 28(1) states the Court of Appeal consists of the President and 'at least 3, but no more than 5, other judges of appeal'. But s4 does not specify a maximum number of judges of appeal — it simply says 'other judges of appeal'. Section 28 imposes a cap of 5 other judges of appeal that has no counterpart in the composition provision of s4, creating a potential inconsistency between the court's composition and the division's composition."},{"severity":"low","section_a":"sec.33-ssec.1","section_b":"sec.19-ssec.1","confidence":0.55,"description":"Section 19(1) requires the Chief Justice to provide the annual report to the Minister within 4 months of the end of the financial year. Section 33(1) requires the President of the Court of Appeal to provide a report to the Chief Justice within 2 months. There is no provision requiring the Chief Justice to incorporate the Court of Appeal report into the s19 report, nor any mechanism ensuring the two reports are reconciled. Similarly s52(1) requires the Senior Judge Administrator to report to the Chief Justice within 2 months. The Chief Justice thus receives divisional reports 2 months before the deadline for the overall report, but there is no requirement that the overall report actually address or incorporate the divisional reports."},{"severity":"medium","section_a":"sec.60-ssec.2","section_b":"sec.62-ssec.1","confidence":0.72,"description":"Section 60(2) allows parties to agree that a commercial list judgment is 'final and not subject to appeal'. Section 62(1) provides that 'subject to this and any other Act, an appeal lies to the Court of Appeal from any judgment or order of the court in the Trial Division'. A commercial list judgment that the parties have agreed is final would appear to preclude such an appeal, but s62(1)'s broad grant of appellate jurisdiction is not expressly qualified by s60(2), creating uncertainty about whether a s60(2) agreement is effective against s62."},{"severity":"low","section_a":"sec.6-ssec.3","section_b":"sec.6A-ssec.2","confidence":0.75,"description":"Section 6(3) allows appointment as an acting judge (for up to 1 year) of persons who 'is, or has been' a judge of another State Supreme Court or the Federal Court — with no age restriction. Section 6A(2)(b) restricts eligibility for appointment as a reserve judge from the same pool to persons who 'have not reached 70 years of age'. A person aged over 70 who was formerly a Federal Court judge could be appointed under s6(3) but not as a reserve judge under s6A, yet both roles involve performing judicial functions. The inconsistent age treatment of equivalent candidates across the two regimes is anomalous."}]},"kimi_summary":{"_metrics":{"model":"kimi-k2.6","source":"moonshot-batch-reanalyse","citationCount":10,"completionTokens":4020},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"Originally enacted to establish the Supreme Court, the Act has expanded into a broader court governance statute. It now authorises the Uniform Civil Procedure Rules for the District Court and Magistrates Courts, governs admission to the legal profession, provides for video-link hearings for prisoners, regulates statewide regional court administration, and prescribes fees for the Planning and Environment Court."},"complexity_factors":["Multiple judicial appointment categories with distinct term limits, age caps and eligibility criteria (acting judges, reserve judges, additional judges of appeal, retired judges)","Schedule 1 contains 28 detailed subject-matter headings authorising subordinate rules across civil, criminal and appellate jurisdiction","Extensive cross-referencing to other Queensland and Commonwealth legislation (e.g., Constitution of Queensland 2001, Judicial Remuneration Act 2007, Legal Profession Act 2007, Acts Interpretation Act 1954)","Part 4 establishes four geographic regions with specific resident-judge requirements and location-based statutory interpretation rules (Brisbane references taken as Rockhampton, Townsville or Cairns)","Embedded amendment history and transitional provisions spanning more than three decades, including abolished Circuit Courts, outdated terminology tables, and revived expired regulations"],"plain_english_summary":"This Act sets up and governs the **Supreme Court of Queensland** — the state’s highest court. It explains how the court is structured, who can hear cases, and how court business is conducted across the state.\n\n**What the Act covers**\n\n- **Court structure**: Establishes the Court of Appeal (which hears appeals) and the Trial Division (which hears cases at first instance), led by the Chief Justice.\n- **Judges**: Sets out how judges are appointed, their retirement age (70), and how they can be re-appointed as acting or reserve judges after retirement. It also covers seniority, temporary replacements, and when retired judges from other courts can be brought in.\n- **Regional courts**: Divides Queensland into four regions — Southern, Central, Northern and Far Northern — each with a resident judge responsible for ensuring cases are heard locally.\n- **Appeals**: Explains how cases move from the Trial Division to the Court of Appeal, and when leave (permission) is needed.\n- **Court staff and registry**: Covers the appointment of registrars, the Sheriff, bailiffs and other officers, and where court documents can be filed.\n- **Remote hearings**: Allows prisoners in correctional centres to appear before the court by video link for bail, remand and certain appeals.\n- **Rules**: Gives the Governor in Council power to make court rules (called the *Uniform Civil Procedure Rules*) for the Supreme Court, District Court and Magistrates Courts, covering everything from starting a case to enforcing judgments. A Rules Committee with judges and magistrates must consent to these rules.\n- **Modernisation and savings**: Updates old legal language (for example, replacing “writ of summons” with “claim”) and protects past decisions made under earlier laws.\n\n**Who it affects and why it matters**\n\nThe Act affects anyone who uses Queensland’s highest court — litigants, lawyers, prisoners, and the judges themselves. It matters because it underpins the legal system’s authority, ensures cases can be heard across the state, and provides the procedural framework for civil and criminal justice in Queensland."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act preserves and consolidates the Supreme Court’s existing jurisdiction and administrative arrangements while codifying appointment, regional, registry and procedural mechanisms. Sections 10 and 11 explicitly state the Act does not remove or impair jurisdiction previously vested in the court and preserves actions done under the repealed 1995 Act (ss 10–11). The statute also adds or clarifies operational machinery—eg. statutory provisions for acting judges, reserve judges and engagement periods (s 6; s 6A; s 6B), regional judge posts and registries (ss 53–57; s 65), and a video-link regime for detainees (ss 78–84)—but these provisions operate within the preserved jurisdictional scope set out by the Act (ss 10–11, 94)."},"complexity_factors":["Many appointment and acting-appointment pathways with different time limits and eligibility (ss 6, 6A, 6B, 34, 37, 48, 39)","Multiple decision-makers with overlapping powers (Governor in Council, Chief Justice, President, Senior Judge Administrator, rules committee) (ss 12, 15, 32, 51, 85, 89)","Cross-references to other Acts and instruments (Judicial Remuneration Act, Constitution of Queensland, Financial Accountability Act, Statutory Instruments Act) throughout the text","Procedural diversity: different rules for Trial Division, Court of Appeal, commercial lists, detainee video-links and registries (ss 46, 30, 58–60, 78–84, 65–66)","Numerous transitional, validation and saving provisions and schedules preserving prior jurisdiction and terminology (ss 10–11, 93–95, schs)","Rule-making regime requiring Rules Committee consent and carving out practice directions from subordinate legislation treatment (ss 85, 17, 89)","Local/regional governance—regions, district registries and resident judges add administrative layers (ss 53–57, 65)"],"plain_english_summary":"# What this Act does, who it affects, and how it works\n\nThis Act sets out how the Supreme Court of Queensland is organised, staffed and run, how certain proceedings are handled, and what powers exist to make procedural rules. It is largely an operational statute: it creates roles, procedures and administrative rules rather than creating new substantive criminal or civil offences.\n\nKey mechanical changes and rules (how it works):\n\n- Court structure and composition: establishes the court’s offices and two divisions (Court of Appeal and Trial Division), and lists the judicial offices (Chief Justice, President of the Court of Appeal, judges of appeal, Senior Judge Administrator, other judges) (secs 4–5, 28, 45). The Trial Division is normally constituted by a single judge when hearing matters (s 46).\n\n- Appointments and acting judges: gives the Governor in Council power to appoint judges, judges of appeal, the Chief Justice, the President and the Senior Judge Administrator (secs 12, 34, 37, 48). It authorises short-term acting appointments when a judge is absent and provides specific pathways to appoint acting judges from other State/Territory supreme courts or the Federal Court, retired judges, and (newer provision) reserve judges (s 6; s 6A; s 6B; s 39). Commissions set the period and conditions of acting appointments (s 6(1)–(3)).\n\n- Remuneration and funding pointers: the Governor in Council may decide additional remuneration for judges acting in higher offices (s 26) and for acting judges other than retired judges (s 6(9)); remuneration for retired or reserve judges is governed by the separate Judicial Remuneration Act 2007 (s 6(10); s 6A(1) note). For enforcement officers, if a suit against an enforcement officer succeeds, any money order against \"The Sheriff of Queensland\" is to be paid from consolidated revenue by the Treasurer, and the State may recover that sum from the officer except in limited circumstances (s 76).\n\n- Administrative leaders and their powers: the Chief Justice carries primary responsibility for court administration and deciding when and where the court sits, may issue practice directions (and those directions are expressly not subordinate legislation) and controls precinct access (secs 15–18). The President administers the Court of Appeal (s 32) and the Senior Judge Administrator administers the Trial Division (s 51). Annual reporting duties for these officers are specified (ss 19, 33, 52).\n\n- Regions, districts and local judges: the Act divides the State into four regions (Southern, Central, Northern, Far Northern) and requires specified judges to reside in and oversee business in certain regions (Central, Northern, Far Northern Judges) and provides for district registries aligned with Magistrates Court districts (secs 53–57, 65).\n\n- Case management and lists: the court may maintain subject-matter lists (including a commercial list) and an order placing a proceeding on a list is not itself appealable (ss 58–59). Commercial-list parties can agree that a judgment is final and not appealable, and the court may direct jury avoidance for such matters (s 60).\n\n- Appeals and leave requirements: appeals from the Trial Division to the Court of Appeal are provided for subject to other Acts or rules (s 62); leave is required to appeal from a consent order (s 63) and for appeals only about costs (s 64) except where the appeal starts as broader and later becomes limited to costs (s 64(2)).\n\n- Registry, process and court officers: the Act establishes a Supreme Court Registry with regional and district offices (s 65), makes processes issued in any registry effective throughout Queensland (s 66), and provides appointment powers for the principal registrar, registrars and the Sheriff and deputy sheriffs (ss 69, 73). Registrars may delegate functions to qualified public service employees (s 70).\n\n- Use of video-link for detainees: the Act permits and in certain cases requires use of video link facilities for detainees who are parties to proceedings (not including sentencing) where facilities are available. Bail/remand proceedings and certain appeal proceedings must use video link unless the court orders otherwise; other proceedings require all parties' consent (ss 78–84). The law treats the detainee’s presence at the correctional institution via video link as presence before the court (s 81). The Act requires two-way audio-visual capability (s 82) and facilities enabling private, confidential communication between detainee and lawyer (s 83).\n\n- Rule-making and the Rules Committee: the Governor in Council may make rules of court for practice and procedure across the courts (including admission rules and costs assessment rules) but a rule may be made only with the consent of the Rules Committee (s 85(1)–(2)). The Rules Committee’s membership and functions are set out (s 89). Rules of court are exempt from automatic expiry provisions that otherwise apply to statutory instruments (s 88). The Chief Justice may issue practice directions; those are explicitly not subordinate legislation (s 17).\n\n- Transitional and savings provisions: the Act preserves existing jurisdiction and things done under earlier Supreme Court statutes (s 10–11), validates actions under certain regulations that would otherwise have expired (s 95) and provides transitional arrangements about abolished Circuit Courts and outdated references (ss 93–94).\n\nOfficial purpose-claims and how they map to the mechanics\n\n- The Act establishes administrative arrangements and procedural powers for the Supreme Court. Where the Act itself states a narrow purpose (for example, the stated purpose of part 9 is to provide for the use of video link facilities (s 78)), the text then creates binding mechanics: when video link must be used (s 80), what counts as presence (s 81), and communications protections (s 83).\n\nTesting those purpose-claims against costs, incentives and implementation issues (grounded in the text)\n\n- Who decides: appointments and major remuneration decisions rest with the Governor in Council (appointments: ss 12, 34, 37, 48; remuneration decisions for acting judges: s 6(9); additional pay for temporary office-holders: s 26). Operational decisions—sittings, practice directions, precinct control, regional administration and engagement of reserve judges—rest with the Chief Justice, President or Senior Judge Administrator (ss 15–18, 16, 17, 18, 32, 51, 6B). This concentrates administrative discretion in a small set of office-holders and the executive (Governor in Council) as the statute describes.\n\n- Compliance and procedural burdens: the Act creates procedural gates—leave requirements for certain appeals (ss 63–64), non-appealability of list-entry orders (s 59), and special rules for commercial-list finality where parties agree (s 60). These change litigation risk profiles by restricting appeal routes in specific, statutorily-defined situations, and require practitioners to plan procedural steps accordingly.\n\n- Implementation risk and required investment: the video-link regime is mandatory only when \"facilities are available\" (s 80(1)(d)) and requires two-way audio-visual capability and private communication arrangements (ss 82–83). That creates a conditional incentive: courts and correctional institutions need to have, maintain and coordinate appropriate technology and confidential rooms before the mandatory regime can operate as written. The Act does not itself allocate funds for equipment—operational delivery depends on existing or procured facilities (s 80(1)(d); s 83(1)).\n\n- Administrative costs and reporting: the Chief Justice, President and Senior Judge Administrator must prepare annual reports within statutory timeframes (ss 19, 33, 52). The registry structure and district/regional offices (s 65) imply ongoing staffing and administrative costs; appointment and employment of registrars and sheriffs are to be under the Public Sector Act (s 69; s 73 notes public sector employment).\n\n- Effects on private choice and litigation strategy: commercial list rules (ss 58–60) permit parties to agree to finality (s 60(2)), which can reduce appellate exposure if both parties accept finality. Conversely, entry on a list cannot be appealed (s 59), which limits a party’s ability to challenge case-management decisions. Leave requirements for appeals from consent orders or costs-only appeals means litigants must secure judicial permission before appealing in those narrow cases (ss 63–64).\n\n- Concentrated benefits and diffuse costs: appointments, certain remuneration decisions and control of precincts concentrate benefits and decision-making in named offices (Governor in Council; Chief Justice; President; Senior Judge Administrator) (ss 12, 6, 15, 32, 51). Costs imposed by administration (technology for video links, running regional registries, staff) are dispersed across the court budget; specific compensation decisions may create identifiable additional public expenditure when exercised (s 6(9); s 26).\n\n- Interaction with other laws and external oversight: the Act expressly preserves jurisdiction previously derived from repealed instruments (s 11) and cross-references the Constitution of Queensland (appointments and removal) and other Acts (for example the Judicial Remuneration Act and Financial Accountability Act) (s 12 note; s 6(10) note; s 91). Rules of court may give effect to or manage jurisdiction conferred by Commonwealth or other Acts (s 85(1)(d)).\n\nPractical points for affected persons\n\n- Judges and prospective appointees: be aware of eligibility, terms (including retirement age at 70 (s 21)), and that short-term acting, reserve or retired-judge appointments are available under defined conditions and time limits (s 6; s 6A; s 6B).\n\n- Litigants and lawyers: note the Court of Appeal leave requirements (ss 62–64), the possibility of non-appealable list entries (s 59), and the potential finality on the commercial list by party agreement (s 60). For detainee clients, expect video-link use in bail/remand and certain appeal settings where facilities exist (s 80).\n\n- Administrators and agencies: appointments, remuneration decisions and registry arrangements require coordination between the executive (Governor in Council), the Chief Justice and court administration. Video-link operation requires two-way audio-visual capability and private communication rooms (ss 82–83).\n\nSelected direct statutory citations: appointments and acting judges (s 6; s 6A; s 6B; ss 12, 34, 37, 48); Chief Justice responsibilities and practice directions (ss 15–17); regional judges and registries (ss 53–57; s 65); video-link regime (ss 78–84); appeals and leave (ss 62–64); rule-making and Rules Committee (ss 85, 89); registry process reach (s 66); enforcement officer liability and Treasurer payment (s 76); retirement (s 21); preservation of previous jurisdiction and transitional savings (ss 10–11, 94)."}},"importantCases":[],"_links":{"self":"/api/acts/supreme-court-of-queensland-act-1991","history":"/api/acts/supreme-court-of-queensland-act-1991/history","analysis":"/api/acts/supreme-court-of-queensland-act-1991/analysis","conflicts":"/api/acts/supreme-court-of-queensland-act-1991/conflicts","importantCases":"/api/acts/supreme-court-of-queensland-act-1991/important-cases","documents":"/api/acts/supreme-court-of-queensland-act-1991/documents"}}