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Short title
1 Short title
*[Section 1 Substituted by 26 Geo. V No. 16, s. 5 ]*This Act may be cited as the Supreme Court Act 1856 .
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Tasmania act
This short Act makes two practical rules: it permits a Supreme Court judge to sue and be sued in the Supreme Court, and it requires that any such case be heard by the other judge or judges of the Court. It also fixes the rank of puisne judges immediately after the Chief Justice and notes that several earlier sections have been repealed. It affects judges, litigants and court administration by clarifying who decides internal judicial disputes and how judicial precedence is determined.
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Direct links to the current provisions in Supreme Court Act 1856.
*[Section 1 Substituted by 26 Geo. V No. 16, s. 5 ]*This Act may be cited as the Supreme Court Act 1856 .
*[Section 2 Amended by 26 Geo. V No. 16, s. 5 ]*Any judge of the Supreme Court may sue and be sued in the said Court, either at law or in equity in like manner as the judges of the Superior Courts at Westminster may sue and be sued in such Courts; and every action or suit in the said Court by or against any such judge shall be heard and determined by and before the other judge or judges of the said Court; and such other judge or judges shall, in respect of such action or suit and for the purpose of hearing and determining the same and effectuating the judgment or decree therein, be deemed to constitute the Supreme Court and have all the powers and jurisdiction of such Court.
The puisne judge or judges of the said Court shall have and take rank and precedence next to the Chief Justice of the said Court.
[Section 4 Repealed by 37 Vict. No. 6, s. 83 ]
[Section 5 Repealed by 37 Vict. No. 6, s. 83 ]
[Section 6 Repealed by 26 Geo. V No. 16, s. 5 ]
[Section 7 Repealed by 26 Geo. V No. 16, s. 5 ]
[Section 8 Repealed by 26 Geo. V No. 16, s. 5 ]
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
*[Section 1 Substituted by 26 Geo. V No. 16, s. 5 ]*This Act may be cited as the Supreme Court Act 1856 .
*[Section 2 Amended by 26 Geo. V No. 16, s. 5 ]*Any judge of the Supreme Court may sue and be sued in the said Court, either at law or in equity in like manner as the judges of the Superior Courts at Westminster may sue and be sued in such Courts; and every action or suit in the said Court by or against any such judge shall be heard and determined by and before the other judge or judges of the said Court; and such other judge or judges shall, in respect of such action or suit and for the purpose of hearing and determining the same and effectuating the judgment or decree therein, be deemed to constitute the Supreme Court and have all the powers and jurisdiction of such Court.
The puisne judge or judges of the said Court shall have and take rank and precedence next to the Chief Justice of the said Court.
[Section 4 Repealed by 37 Vict. No. 6, s. 83 ]
[Section 5 Repealed by 37 Vict. No. 6, s. 83 ]
[Section 6 Repealed by 26 Geo. V No. 16, s. 5 ]
[Section 7 Repealed by 26 Geo. V No. 16, s. 5 ]
[Section 8 Repealed by 26 Geo. V No. 16, s. 5 ]