Mechanically: this Act establishes and organises the Supreme Court of South Australia, sets out who sits in it, what the court can decide, how court business is run, and how court officers and court money are managed. It divides the Court into a General Division and a Court of Appeal (ss 6, 6A, 19A). It also delegates rule‑making and administrative powers to judges and to the Chief Justice, and it gives the Governor and other public officers roles in appointments and removals (ss 9, 9A, 82).
Who it affects: judges, Associate Justices and judicial registrars; court administrative staff including the registrar; litigants and their lawyers; people who deposit money or securities in court ("suitors' funds"); and the Treasurer and government agencies that fund or regulate court functioning (see ss 12(4), 13, 119–123, 121).
Key mechanical features
Continuation and structure of the court: the Supreme Court continues as the State's superior court, comprised of a General Division and a Court of Appeal (ss 6, 6A). The Court of Appeal hears appeals and is to sit with not less than three judges unless rules allow otherwise (ss 19B, 19C, 19D).
Appointments, qualifications and tenure: the Governor appoints judges and Associate Justices; minimum legal experience requirements are specified for different offices (s 9; s 8). Retirement is set at age 70 (s 13A). The Governor may appoint acting judges or acting Associate Justices for fixed terms (s 11).
The Supreme Court Act 1935 consolidates the foundational framework for the Supreme Court of South Australia as a superior court of record. Section 6 expressly continues the court with all original and appellate jurisdiction vested or exercisable at the time of its passing. The Act divides the court into the General Division and the Court of Appeal (s 6A), with the latter established under s 19A to hear appeals from single judges (s 19B(a)-(b)), questions of law reserved (s 19B(d)), and matters required by rules or other Acts to be determined by it (s 19B(e)).
Jurisdiction is delineated in Part 2. The General Division exercises the historical jurisdiction of English superior courts (High Court of Chancery, Queen's Bench, Common Pleas, Exchequer, and assize commissions) plus any additional jurisdiction conferred by the Act or other laws (s 17(2)). Specific heads include testamentary matters under the Succession Act 2023 (s 18(1), encompassing grants of probate, administration, and estate administration) and matrimonial jurisdiction mirroring pre-1857 ecclesiastical powers plus any surviving statutory jurisdiction (s 19). The Court of Appeal's powers mirror those of the General Division or the former Full Court (s 19D).
A core function is the concurrent administration of law and equity (s 20). Sections 21-28 implement the Judicature reforms: plaintiffs may obtain equitable relief (s 21), equitable defences are available (s 22), counterclaims and third-party claims extend to equitable and legal relief (s 23), incidental equities are recognised (s 24), equitable matters may be pleaded in defence instead of seeking injunctions (s 25), common law and statutory rights are given effect (s 26), the court must grant all remedies to avoid multiplicity of suits (s 27), and equity prevails over common law in conflicts, particularly for infants (s 28).
Current sections
Direct links to the current provisions in Supreme Court Act 1935.
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Official source available
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Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.
Pay and who bears costs: judicial salaries are fixed by the Remuneration Tribunal and are payable from State general revenue (s 12). The Act states that judges' salaries and officers' pay are in lieu of fees; fees authorised under the Act are to be paid to the Treasurer (s 13).
Court powers and jurisdiction: the General Division has law and equity jurisdiction comparable to older English courts (s 17). The court has express powers to award damages, interest, declaratory relief, injunctions or mandamus by interlocutory order, and to make structured settlement orders for personal injury cases (ss 29–31, 30BA, 30C). The court may summon witnesses and require production of evidentiary material (s 35).
Procedure and case management tools: the Act authorises mediation and conciliation, referral to arbitrators, calling expert referees, and use of assessors (ss 65–67, 71). It grants judges and a panel of judges power to make rules of court for practice and procedure (s 72).
Delegation of non‑judicial tasks and registrar powers: the registrar is the principal administrative officer; the Chief Justice must concur in appointments or removals of some officers (ss 82(2)–(3), 109). Judicial registrars can be appointed with specified qualifications and term conditions and may exercise assigned judicial jurisdiction (ss 13I–13J, 48A).
Money, investments and suitors' funds: suitors' funds vests in the registrar and are to be banked, invested, and administered under rules of court; the Treasurer is liable to make good default of the registrar if the Chief Justice certifies the default (ss 119–123, 121).
Access to court records: the Act sets out what court records the public can inspect or copy and specifies categories requiring the court's permission (s 131).
Fees and regulation: the Governor may prescribe court fees and the regulations may provide for flexible fee structures (including exemptions, reductions, waivers and discretion vested in court officers) and need not relate fees to actual administrative cost (s 130(1), (1a), (1b)).
Special procedural rules and priorities: the court must give priority to certain sexual offence trials involving children or people with diminished capacity (s 126A). The Act provides a procedure where a judge who dies or becomes incapacitated during trial can be replaced so the hearing can be completed (s 126B).
Why the Act exists (official purpose claims and a practical test)
Officially the Act consolidates and updates laws relating to the Supreme Court and provides a single statutory framework for its constitution, jurisdiction, procedure and administration (see long title and s 1). The statutory changes recorded in the text include creating a Court of Appeal division and modernising procedural and administrative arrangements (e.g. ss 6A, 19A, 72).
Testing the official claims against trade‑offs and implementation mechanics
Who pays and fiscal effect: judicial salaries and certain liabilities are borne by State revenue (s 12(4), s 121), while many court fees are directed to the Treasurer (s 13) and regulations may set flexible fee rules (s 130). Mechanically, this creates a split: operating costs of judges are a public expense; fee income may be retained by Treasury rather than being tied to court administrative costs (s 13, s 130(1a)). That structure concentrates revenue flow to the State and leaves fee‑setting discretion available to the executive in regulations (s 130(1b)).
Decision‑making and discretion: the Governor appoints judges (s 9) and may act on recommendations; the Chief Justice controls court administration and influences appointments/removals (ss 9A, 82(2)). Judges collectively may make rules of court (s 72). These provisions concentrate operational decision‑making within the judicial leadership and give the executive formal appointment power, creating several distinct points where discretionary choices affect court composition and procedure (ss 9, 9A, 72, 82).
Compliance burden and private behaviour: the Act authorises broad procedural devices—mediation, arbitration, expert referees, subpoenas and disclosure rules (ss 65–67, 35, 72(1)(c)). Those devices impose obligations on parties (disclosure, attendance, production of evidentiary material) and can shift costs between parties (e.g. costs of expert reports and arbitrators are initially borne equally by parties but may be reallocated by the court) (ss 66(5), 67(4)).
Implementation and operational risk: the Act vests the registrar with custody of suitors' funds and makes the Treasurer liable for defaults certified by the Chief Justice (ss 119, 121). That creates a mechanism where the Chief Justice’s certification triggers public payments. It also requires rules of court for investment and handling of funds (s 122), so practical outcomes depend on rule‑making and administrative systems being in place.
Access, confidentiality and publication trade‑offs: the Act generally opens proceedings to the public (s 46A) and provides public access to many records (s 131(1)), but reserves the court a gatekeeping role for sensitive categories (s 131(2)–(3)). The mechanism is judicial permission and conditions, so access is balanced by case‑by‑case discretion.
Practical incentives and likely behavioural effects (mechanisms, not judgments)
Litigants and lawyers face increased procedural expectations (disclosure, mediation/referral, possible interim payments on account of damages) which can reallocate time and money before trial (ss 30B, 65, 72(1)(c)).
The Executive (Governor, Treasurer, Attorney‑General) retains appointment and fiscal levers (ss 9, 121), giving public officeholders formal leverage over judicial staffing and budgetary exposure.
Judicial leadership (Chief Justice, President) controls court administration, distribution of business and, through rules, the detailed shape of practice (ss 9A, 9B, 47, 72). That concentrates operational choice within the court’s senior judges.
Fee regulation that is not tied to administrative cost (s 130(1a)) allows flexible fee structures and exemptions; the mechanism here is regulation with discretionary elements (s 130(1b)). This can change the private cost of access to the court without a corresponding statutory requirement to link fee levels to cost.
Key sections for quick reference
Court structure and jurisdiction: ss 6, 6A, 17, 19A–19D.
Appointments, qualifications, tenure and remuneration: ss 8–13, 13A, 13I–13J.
Procedural powers and case management: ss 29–31, 35, 65–67, 72.
Registrar, suitors' funds and Treasurer liability: ss 82, 119–123, 121.
Fees and fee regulation: s 130.
Public access to records: s 131.
Special priorities and continuity mechanisms: ss 126A, 126B.
Bottom line (mechanical summary): the Act sets out who runs the Supreme Court, what the Court can decide, the procedural tools judges may use, how court officers and funds are managed, and how fees and public access are regulated. The practical effects depend heavily on delegated rules, judicial administration choices, and regulation by the Governor/Treasurer (see ss 72, 82, 130, 121).
Miscellaneous powers in Division 3 are extensive. The court may issue orders with the effect of mandamus, injunctions, or appoint receivers where just or convenient (s 29), award damages in addition to or in lieu of specific performance or injunction (s 30), direct payment to infants (s 30A), make interim assessments of damages with periodic payments (s 30B, subject to detailed provisos excluding pain and suffering in most personal injury cases unless serious disability results), consent to structured settlements by periodic payments (s 30BA), award interest on judgments unless good cause shown (s 30C, with discretion for lump sums and exclusions for exemplary damages or contractual interest), make declaratory orders without needing consequential relief (s 31), order mortgage instead of sale (s 32), direct sale of mortgaged property on appropriate terms (s 34), compel witness attendance and production of evidentiary material via subpoena or warrant (s 35), appoint commissioners for affidavits (s 36), order inspection of property (s 38), restrain vexatious proceedings on Attorney-General or interested person application (s 39, defining vexatious as harassing, annoying, delaying, or without reasonable ground), determine costs at discretion (s 40, with restrictions where recovery is below a rules-prescribed amount that could have been obtained in the District Court), and revive orders on abatement (s 41).
Part 3 governs sittings and business distribution. Terms are abolished for justice administration (s 42) but may still be referenced for time computation (s 43). The court may sit at any time or place, including vacation and outside the State (ss 44-45), with the Chief Justice directing General Division sittings and the President directing Court of Appeal sittings (s 45(3)-(3a)). Business is distributed by the Chief Justice, including assigning Court of Appeal judges to complex General Division matters after consultation (s 47(1)), with protocols approved under s 16. Jurisdiction may be exercised by a single judge, Associate Justice, or judicial registrar as authorised (ss 48, 48A). Questions of law may be reserved for the Court of Appeal (s 49), and appeals lie to the Court of Appeal from single judges or Associate Justices subject to permission requirements and statutory exceptions (s 50).
Procedure is preserved except as altered (ss 63-64). Mediation and conciliation are facilitated (s 65), with mediators enjoying judicial immunities and confidentiality (s 65(2)-(3),(6)). Issues may be tried by arbitrator or expert referee (ss 66-67), assessors may assist (s 71), and rules of court are made by three or more judges for practice, procedure, expert disclosure, mediation, bail applications, evidence, biological testing, Associate Justice powers, costs, and admission of practitioners (s 72(1)).
Officers include the registrar as principal administrative officer under Chief Justice direction (s 82), tipstaves for attendance and contempt apprehension (ss 106-108), and other non-judicial staff appointed under the Courts Administration Act 1993 (ss 109-110B). Immunities protect Associate Justices, judicial registrars, mediators, assessors, and honest non-judicial acts (s 110C).
Part 7 contains miscellaneous provisions: rules on division of loss in sea collisions (s 111), joint and several liability for personal injuries on vessels (s 112), contribution rights (s 113), interest on judgment debts at prescribed rates (s 114), orders for prisoner attendance (s 117), process validity on Sundays or after death of issuer (s 118), alternative service orders (s 118A), vesting of suitors' funds in the registrar (s 119), securities held in trust (s 120), Treasurer liability for registrar defaults (s 121), banking and investment of funds (s 122), court-ordered investments (s 123), validity of registrar acts under rules (s 124), postal remittances (s 125), deputy appointments (s 126), priority for sexual offence trials involving children or disabled persons (s 126A), handling of judge death or incapacity mid-trial (s 126B, inserted 2025), rules for suitors' funds (s 127), payment of unclaimed funds to Treasurer after six years (s 128), petition for later claims with possible interest (s 129), prescribed court fees with remission power for poverty (s 130), and public access to records subject to permission for sensitive, suppressed, or sentencing material (s 131, with 100-year rule engaging State Records Act 1997).
The Act repeals listed historical ordinances (Schedule) but saves principles, rules, pending proceedings, and existing rights (ss 3-4).
Who it affects
The Act primarily affects litigants in South Australian superior courts, including plaintiffs and defendants (defined broadly in s 5(1) to include counterclaimants, third parties, and anyone served with notice), appellants, and those seeking declaratory or equitable relief. It directly governs judicial officers: the Chief Justice (principal officer responsible for administration under s 9A), President of the Court of Appeal (s 9B), puisne judges (styled Justices under s 7(3)), Associate Justices (who also hold District Court commissions per s 7(4)), acting judges or Associate Justices (s 11), and judicial registrars (ss 13I-13J, appointed on Attorney-General recommendation with Chief Justice concurrence, minimum 5 years standing, terms of at least 7 years).
Court officers are affected: the registrar (principal administrative officer, custodian of the seal and suitors' funds under ss 15, 82, 119), tipstaves (ss 106-108), associates, and non-judicial staff (ss 110A-110B, responsible through superiors to the Chief Justice). The Attorney-General receives annual reports from judges' councils (s 16(b)), makes recommendations for appointments and removals (ss 9, 13J), and may apply for vexatious proceedings orders (s 39(1)).
Practitioners (barristers, solicitors) are regulated via rules made under s 72(1)(j) for admission. Experts, mediators, arbitrators, assessors, and commissioners for affidavits exercise delegated powers and enjoy immunities (ss 36, 65-67, 71, 110C). Prisoners whose evidence is required, vessel owners in collision or personal injury matters (ss 111-113), and infants or incapacitated persons (ss 30A, 30B, 126A) receive specific protections or procedures.
The Treasurer is liable for registrar defaults regarding suitors' funds (s 121) and receives unclaimed funds (s 128) and fees (s 130). Members of the public may inspect records subject to s 131 restrictions. Dependants of deceased judges or Associate Justices may receive pre-retirement leave payments (s 13H(4)). Ratepayers or taxpayers sharing common interests with judges are protected from disqualification (s 14). Overall, the Act structures the entire ecosystem of superior court justice delivery in the State.
Key duties and rights
Judges, Associate Justices, and judicial registrars hold office during good behaviour (s 9(3) for Associate Justices), retire at 70 (s 13A(1)), and may complete part-heard matters post-retirement or resignation (ss 13A(3), 11(5)). They enjoy immunities equivalent to traditional judicial protection (s 110C(1)), remuneration determined by the Remuneration Tribunal (non-reducible, s 12), pre-retirement leave up to six months on full salary or cash equivalent (s 13H), and special leave without pay (s 13B). The Chief Justice administers the court (s 9A(2)) and directs sittings and business distribution (ss 45(3), 47). The President administers the Court of Appeal subject to Chief Justice directions (s 9B).
Litigants have the right to concurrent law and equity relief (s 20), complete justice avoiding multiplicity (s 27), declaratory orders (s 31), interest on judgments (s 30C, mandatory unless good cause), inspection orders (s 38), and mediation or arbitration referral (ss 65-66). Defendants may plead equitable defences or counterclaims (ss 22-23). Appellants face structured rights: appeals from single judges or Associate Justices to the Court of Appeal (s 50(1)), but permission is required for consent judgments, Magistrates Court appeals, or where rules prescribe (s 50(4)), with no appeal from certain interlocutory or final-by-agreement orders (s 50(3),(5)).
The registrar must manage suitors' funds, invest per rules or court order, and handle unclaimed moneys (ss 119-129). Parties in collision or vessel injury cases have rights to proportionate liability (s 111), joint and several liability (s 112), and contribution (s 113). Witnesses may be compelled by subpoena, with warrants for non-compliance (s 35). Vexatious litigants may be prohibited from further proceedings (s 39(1)). Non-judicial staff owe duties of efficient discharge to the Chief Justice (s 110B). The public has a presumptive right to open court (s 46A) and record access (s 131(1)), though permission is needed for suppressed or sensitive material (s 131(2)-(3)).
Judges must assemble annually to review procedure and report amendments to the Attorney-General (s 16). Acting judicial officers have full privileges and immunities (s 11(3)). Judicial registrars may not impose imprisonment in criminal matters (s 48A(2)) and can be suspended or removed for incapacity, neglect, or dishonourable conduct (s 13J).
Penalties and enforcement
The Act creates few direct criminal offences but relies on contempt powers. Obstruction of property inspection orders constitutes contempt punishable by the court (s 38(2)). Tipstaves may apprehend persons ordered committed for contempt without warrant (s 107). Vexatious proceedings orders may stay existing actions and prohibit new ones without leave (s 39(1)(b)), with publication in the Gazette (s 39(4)). Breach would constitute contempt.
Non-compliance with subpoenas for evidence or evidentiary material triggers arrest warrants (s 35(3)). Failure to comply with mediation confidentiality is punishable by law outside the Act (s 65(3)). Costs discretion under s 40 allows adverse orders, including where a plaintiff recovers less than the prescribed District Court threshold (s 40(2)). Registrar defaults regarding suitors' funds trigger Treasurer payments from general revenue, certified by the Chief Justice (s 121(2)), with the Treasurer making good all funds (s 121(1)).
Judicial registrars may be removed by Governor on Attorney-General recommendation (with Chief Justice concurrence) for mental/physical incapacity, neglect, or dishonourable conduct (s 13J(1)), or suspended by the Chief Justice (s 13J(4)), though remuneration continues during suspension (s 13J(5)). Associate Justices may be removed on address of both Houses (s 9(3)). Rules of court under s 72 may impose costs sanctions or adverse inferences for non-compliance with disclosure or testing orders (s 72(1)(c),(ea)).
Enforcement of judgments includes interest (s 114), revival after abatement (s 41), and execution against prisoners via judicial orders (s 117). Unclaimed suitors' funds paid to Treasurer are no longer claimable without court order (s 128(2)), but petitioners may recover with possible accretions (s 129(1)). Fees non-payment may be managed by remission for poverty (s 130(2)) or regulatory enforcement (s 130(1b)).
How it interacts with other laws
The Act is expressly subject to the Constitution Act 1934 (s 13A(2) makes s 74 subject to retirement at 70; judicial tenure under s 9(1)). It cross-references the Succession Act 2023 for testamentary jurisdiction (s 18(1)), Evidence Act 1929 for sensitive material definitions in record access (s 131(6)), Juries Act 1927 for jury rights (s 71(1)), Bail Act 1985, Sentencing Act 2017, and Intervention Orders (Prevention of Abuse) Act 2009 for intervention program reports (s 131(2)(fa)), Criminal Law Consolidation Act 1935 for sexual exploitation offences (s 126A(2)(ea)), Wrongs Act 1936 and Survival of Causes of Action Act 1940 for death-related damages calculations under interim assessments (s 30B(9)), and Courts Administration Act 1993 for non-judicial staff (ss 109(3), 110A(2)).
Rules of court made under s 72 interact with all procedural statutes. Savings clauses preserve principles from repealed Acts (s 3(a)), existing procedure (s 4, s 64), and non-repealed enactments (s 4(2)). It does not affect substantive rights (s 4(1)(a)) or pending proceedings (s 4(1)(e)). Maritime provisions (ss 111-113) operate subject to contracts of carriage, statutory limitations, and rights to limit liability (ss 111(3), 112(2), 113(1) proviso).
The Act authorises rules modifying other statutory procedural provisions (s 72(3)) and applies to jurisdiction conferred by any Act (s 72(2)). Court of Appeal references in other Acts are construed accordingly post-2019 amendments (transitional note). Mediation evidence is inadmissible (s 65(6)), interacting with Evidence Act privileges. Biological testing orders under rules (s 72(1)(ea)) may compel parties or children, with adverse inferences for non-compliance. Record access yields to State Records Act 1997 after 100 years (s 131(4a)).
Recent changes and why
Amendments since the 1935 consolidation have modernised the court. The Supreme Court (Court of Appeal) Amendment Act 2019 (effective 2021) inserted ss 6A, 19A-19D, redefined terms in s 5, restructured s 7 into General Division and Court of Appeal compositions, adjusted qualifications (s 8(1a)), acting arrangements (s 10, s 11), business distribution (s 47), jurisdiction (s 17(3)), appeals (s 50), and deleted the former Full Court references. This was to create a specialist appellate division for greater efficiency and consistency in appeals.
The Statutes Amendment (Judicial Registrars) Act 2017 inserted ss 13I-13J, amended ss 5, 7, 14, 48-49, 65, 72 to allow appointment of legal practitioners of 5+ years standing for at least 7-year terms (full or part-time), with removal for cause and suspension powers. This addressed workload pressures by delegating appropriate matters while preserving judicial oversight (s 48A limits on criminal sentencing).
The Supreme Court (Distribution of Business) Amendment Act 2024 amended s 47 to permit Chief Justice assignment of Court of Appeal judges to complex General Division matters after protocol-governed consultation, and expanded cross-divisional acting arrangements with Attorney-General consent for extensions beyond 12 months. This responds to fluctuating caseloads and limited judge availability.
Section 126B (inserted 2025) allows another judge to publish prepared reasons or complete part-heard trials on judge death or incapacity, with discretion to rehear evidence. Section 18 was substituted by the Succession Act 2023 (effective 2025) to align testamentary jurisdiction expressly with that Act. Court records access (s 131) has been expanded with sensitive material definitions and 100-year open access to reduce administrative burden while protecting privacy. These changes reflect evolving needs for efficiency, specialisation, workload management, and public access without compromising core judicial functions.
Court challenges and controversies
While the source text contains no specific case citations, several provisions have inherent potential for contention grounded in their text. Vexatious proceedings orders under s 39 require satisfaction of persistent institution of proceedings that harass, annoy, delay, or lack reasonable ground. The breadth of "ulterior purpose" (s 39(5)(a)) and the ability for any "interested person" to apply (s 39(1)) can raise natural justice questions about the threshold for prohibition orders that remain in force until revocation (s 39(3)). Publication in the Gazette (s 39(4)) adds a public dimension that may itself generate further disputes.
The fusion provisions (ss 20-28) continue to require courts to navigate historical distinctions; s 28's primacy of equity in infant custody and unmentioned conflicts can generate arguments about whether a matter falls within the "generally in all matters" clause. Interim damages under s 30B contain intricate provisos excluding pain and suffering unless serious continuing illness exists, with 75% earnings caps for non-diligent rehabilitation (s 30B(8)) and medical treatment failure reductions (s 30B(7)). These have produced satellite litigation on "special circumstances" exceptions and whether a condition meets the "serious and continuing" test.
Appeal permission filters in s 50(4)-(5) list exclusions (liberty of the subject, injunctions, infant custody, final substantive rights) but contain an exception allowing rules to require permission even for final substantive rights if the judgment was on appeal from another court or tribunal. This has scope for disputes over characterisation of judgments. Record access under s 131 distinguishes open-court material (inspectable as of right) from suppressed, sentencing, or sensitive material (permission only, with conditions under s 131(3)), and administrative decisions on access are final and non-reviewable (s 131(4)). The definition of sensitive material by reference to s 67H of the Evidence Act 1929 can generate boundary arguments.
Judicial registrar powers (s 48A) and limitations (no imprisonment in criminal matters) raise questions about the precise boundary between delegable and non-delegable functions. Immunity provisions (s 110C) for honest acts of non-judicial officers and mediators parallel judicial immunity but are expressed as "no civil or criminal liability," which may be tested at the margins of "official functions" and "honest" conduct. Sea collision rules (ss 111-113) preserve contractual and limitation defences, inviting arguments on whether particular losses "contributed" to fault (s 111(2)).
Gotchas
Most practitioners underestimate how strictly s 50 permission requirements bite. Even though s 50(5)(e) appears to preserve appeals as of right for final determinations of substantive rights, the exception at the foot of that subsection expressly permits rules to require leave for second appeals from other courts or tribunals. Many miss that a judgment on appeal from the Magistrates Court is already permission-only under s 50(4)(a)(ii).
The suitors' funds provisions (ss 119-129) contain a trap in s 128(2): once paid to the Treasurer after six years unclaimed, the money "shall not be afterwards claimable" unless the court orders otherwise. Section 129 petitions are not automatic; the applicant must satisfy the court by affidavit of entitlement, and any additional accretions are discretionary. Postal remittance under s 125 deems posting equivalent to delivery for registrar and Treasurer liability purposes, but only if rules authorise it and the address was that given in the request.
Section 30B(9)(d) allows the court to assess estate damages under paragraph (a) notwithstanding proceedings under (b) or (c), but only "if the justice of the case so requires," with the effect that no further damages are awarded under the Wrongs Act route. This sequencing power is rarely appreciated until damages are being finalised. Judicial registrar appointments under s 13I(11) permit concurrent non-judicial staff office if compatible, yet s 13J(2)(d) causes automatic cessation if the person ceases to satisfy the original qualification (legal practitioner of 5 years standing). A promotion or change in status could inadvertently terminate the judicial registrar commission.
Section 14's common-interest disqualification immunity is narrower than it appears: it only prevents incapacity "by reason of being 1 of several ratepayers or taxpayers or 1 of any other class of persons liable in common." It does not cover direct personal financial interests outside that class. Annual judges' council obligations under s 16 are mandatory ("shall assemble once at least in every year") and require a formal report to the Attorney-General on amendments; failure to do so, while not sanctionable in the Act, can be raised in administrative or parliamentary contexts.
The 100-year rule in s 131(4a) is often overlooked: once records reach that age, State Records Act 1997 s 26 governs access to the exclusion of the Supreme Court Act regime, removing court discretion. Finally, s 126B on judge death or incapacity distinguishes between cases where final-form reasons exist (another judge may simply publish and enter judgment) and all others (rehearing discretion). The "to the extent the judge thinks fit" language gives broad latitude but creates uncertainty about how much of the trial must be repeated.
How to comply
Compliance begins with thorough familiarity with the definitional framework in s 5(1), particularly "plaintiff", "defendant", "evidentiary material", and "jurisdiction". When instituting proceedings, plead all legal and equitable claims together (ss 20-28) to invoke the court's duty under s 27 to grant all appropriate remedies and avoid multiplicity. For appeals, check s 50(3)-(5) and current rules meticulously; prepare permission applications addressing the enumerated exceptions where relevant. In personal injury matters, consider structured settlements by consent under s 30BA and be alert to s 30B interim assessment restrictions on pain and suffering and the 75% earnings cap.
When dealing with court funds, ensure prompt compliance with registrar directions under ss 119-125; advise clients of the six-year unclaimed funds rule (s 128). For record access requests, classify material under s 131(1) versus s 131(2) categories and prepare conditions if permission is needed. Mediations under s 65 require strict confidentiality observance. Judicial officers and staff must adhere to annual council duties (s 16), Chief Justice directions on business (s 47), and immunity-preserving honest conduct (s 110C).
Practitioners should monitor rules made under s 72, which govern expert reports, biological testing (with adverse inference power), costs scales, and bail applications. When seeking vexatious orders, compile evidence of persistence and ulterior purpose per s 39(5). For maritime claims, calculate proportionate fault under s 111 and preserve contribution rights under s 113 while noting contractual limitation provisos. Appointments of judicial registrars or acting judges require attention to qualification periods counting interstate practice (ss 8(4), 13I(9)) and part-time agreements (s 13I(4)-(6)).
Organisations should maintain internal protocols for responding to subpoenas (s 35), property inspections (s 38), and prisoner attendance orders (s 117). Legal teams must advise clients on interest entitlements under s 30C (apply or risk discretionary refusal) and costs risks if over-litigating in the Supreme Court when the District Court would suffice (s 40(2)). Regular review of Gazette notices for vexatious orders (s 39(4)) is prudent for repeat litigants. Overall, compliance is achieved by treating the Act as an integrated code: read jurisdiction and power provisions (Part 2) in conjunction with procedure (Part 4), officers (Part 6), and funds rules (Part 7), always cross-checking against current rules of court and linked statutes. Annual judicial self-review under s 16 provides the mechanism for ongoing refinement.