545
THE
SUPREME COURT ACT of 1921
12 Geo. 5 No. 15
Amended by
Industrial Arbitration Act Amendment Act of 1925, 16 Geo. 5 No. 13
Financial Emergency Act of 1931, 22 Geo. 5 No.1
Legal Practitioners Act Amendment Act of 1938, 2 Geo. 6 No. 20
Supreme Court Act Amendment Act of 1941, 5 Geo. 6 No. 11
Supreme Court Acts Amendment Act of 1944, 9 Geo. 6 No. 3
Supreme Court Acts Amendment Act of 1946, 10 Geo. 6 No. 53
Supreme Court Acts Amendment Act of 1949, 13 Geo. 6 No. 42
Supreme Court Acts Amendment Act of 1952, 1 Eliz. 2 No. 30
Supreme Court Acts and Another Act Amendment Act of 1955, 4 Eliz. 2
No. 34
Supreme Court Acts Amendment Act of 1955 (No.2), 4 Eliz. 2 No. 35
District Courts Act of 1958, 7 Eliz. 2 No. 66
Supreme Court Acts Amendment Act of 1961, 10 Eliz. 2 No.4
Supreme Court Acts Amendment Act of 1963 (No.2), No. 46
An Act to make better provision for the Trial of Civil and
Criminal Causes
[Assented to 5 November 1921]
1. Short title, construction, and commencement of Act. (I) This Act may
be cited as 'The SuprEme Court Act of 1921," and shall be read as one
with "The Supreme Court Acts, 1861 to 1903," and "The Judicature
Act," which last-mentiolled Act is herein referred to as the Principal Act.
(2) 1hi:; Act shall come into operation on a day to be fixed by
the Governor in Coul,cil by proclamation published in the Gazette.
Act referred to:
Judicature Act (1876), p. 303, allie.
Operation: 31 March 1922; Proclamation: Gazette 30 March 1922. Section 11
(I )-(4) came into operation upon the passing of this Act, s. 11 (5).
For the effect of the stipulation that this Act shall be read as one with the
Surrem;' COlid Acts. 1861 to 1903, r. 4X9, {lillI', see Ex parle A IthoH' , [19231
St. R. Qd. 95; [1923] Q.W.N. 21, cited under s. 10.
2. Interpretation. In this Act, unless the context otherwise indicates, the
following terms have the meanings respectively set against them, that is
to say:"Judge"-A Judge of the Supreme Court;
"Prescribed"-Prescribed by this Act;
"This Act"-This Act and all Orders in Council ar.d Rules of
Court made thereunder;
And generally the terms used have the meanings respectively assigned
to them by the Principal Act.
546
SUPREME COURT AND PRACTICE
Vol. 17
ABOLITION OF DISTRICT COURTS
3. (1) Repeal of District Courts Acts. Save as by this Act is expressly
provided, "The District Courts Act, 1891," and "The District Courts
Act, 1897," are repealed. The said Acts are hereinafter referred to as
the "repealed Acts."
Such repeal shall not affect or invalidate any acts or things done or
proceedings taken under the authority of the repealed Acts.
(2) Pending actions. All proceedings, civil and criminal, pending
in a District Court at the commencement of this Act shall be deemed
to be proceedings, civil and criminal respectively, under and for the
purposes of this Act, and as such may as far as practicable be continued
and determined in accordance with the provisions of this Act and subject
to this Act according to the provisions of the repealed Acts, which shall
for that purpose be deemed to continue in force notwithstanding such
repeaL
(3), (4) [Repealed.]
As amended by District Courts Act of 1958, 7 Eliz. 2 No. 66, s. 4.
District Courts were re-introduced by the District Courts Acts, 1958 to 1963.
See now District Courts Act 1967-1969, 1967 Annual Volume, p. 364.
JUDGES
4. (1) Commission to President of Court of Industrial Arbitration. The
commission issued to the President of the Court of Industrial Arbitration
appointing him to be a Judge of the Supreme Court shall for all purposes
be and be deemed to have always been permanent as from the date thereof,
and he shall by virtue of such commission have and be deemed to have
always had the same tenure of office as Judge of the Supreme Court
as if he had been appointed under section three of "The Supreme Court
Acts Amendment Act of 1903" to fill a vacancy in the number of
Judges of the Supreme Court, and so that his tenure of office as such
Judge shall not be contingent upon or limited to the period of his holding
the office of President or Judge of the Court of Industrial Arbitration.
(2) Future appointments of Judges of Court of Industrial Arbitration to Supreme Court. Whenever the President or any Judge of the
Court of Industrial Arbitration is hereafter appointed to be a Judge of
the Supreme Court in pursuance of section six of "The Industrial
Arbitration Act of 1916," his tenure of office as such Judge shall (unless
the Governor in Council directs as next hereinafter provided) be limited to
the period of his holding the office of President or Judge of the Court of
Industrial Arbitration; but, if then or thereafter at any time the Governor
in Council so directs by a commission, he shall have the same tenure of
office as a Judge of the Supreme Court, and in such case his tenure
of office as such Judge shall not be contingent upon or limited to the
period of his holding the office of President or Judge of the Court of
Industrial Arbitration:
Provided nevertheless that the President or a Judge of the Court
of Industrial Arbitration shall not after the commencement of this Act
be appointed to be a Judge of the Supreme Court under subsection six
of section six of "The Industrial Arbitration Act of 1916" and this
subsection, except to fill a vacancy in the number of Judges of the
Supreme Court as provided by subsection six of this section.
(3) No pension.
Provided always that the President or any
Judge of the Court of Industrial Arbitration, whether appointed or
deemed to have been appointed by this Act or before or at or after
SUPREME COURT ACT OF 1921
ss. 3, 4
547
the commencement of this Act to be a Judge of the Supreme Court,
shall not (without prejudice, however, to the provisions of subsection
five of this section) be entitled to any pension in respect of such office
of Judge of the Supreme Court.
( 4) Who may be required to act as Judge of Court of Industrial
Arbitration. The Governor in Council may, from time to time and
whenever he thinks fit, require anyone or more of the permanent
Judges of the Supreme Court to act as a member or members of the
Board of Trade and Arbitration in the exercise of its judicial jurisdiction (induding in the event of a vacancy the President thereof) for
such period as the Governor in Council thinks fit; and every Judge of
the Supreme Court so required to act as a member of the Board of Trade
and Arbitration shall so act in that capacity and jurisdiction, and
whilst so acting shall have and exercise all the jurisdiction, authority,
and powers of a member of the Board of Trade and Arbitration
(including the sitting as a member of the Full Bench of that Board)
in addition to his jurisdiction, authority, and powers as a Judge of
the Supreme Court. For the purposes of this subsection the expression
"Judge of the Supreme Court" includes the Chief Justice.
Nothing in any other Act contained shall be construed to affect or
limit the operation of this subsection.
(5) Existing Judges of District Courts.
Every person who at
the commencement of this Act is a Judge of District Courts shall cease
to be a Judge of District Courts, and, notwithstanding the provisions
of this Act or of any other Act limiting the number of Judges of the
Supreme Court, shall be a Judge of the Supreme Court, and, subject
to this subsection, shall have the same tenure of office, jurisdiction,
powers, authorities, privileges, and immunities as any other Judge of
the Supreme Court; and a fresh commission shall issue to him
accordingly:
Provided that every such Judge of District Courts who has, as
a Judge of District Courts and as a Judge of the Supreme Court,
completed fifteen years of service, or who has attained the age of
seventy years, shall be entitled, on his retirement from office as a Judge
(If the Supreme Court, to a pension of one thousand dollars per annum.
Notwithstanding aaything to the contrary in this subsection contained,
it is hereby declared that the provisions of this subsection five shall
be read and construed with and as amended by section six of "The
Financial Emergency Act of 1931," and to the intent that the pension
payable to any person under the provisions of this subsection shall
be subject to the reduction prescribed in the said section six of "The
Financial Emergency Act of 1931."
( 6) Appointments to vacancies when number reduced below
fourteen. It shall be lawful for the Governor in Council, by commission
in His Majesty's name, to appoint a duly qualified person to fill any
vacancy in the number of Judges. But no such vacancy shall be deemed
to have arisen and no such appointment shall be made until the number
of Judges has been reduced below fourteen, in which event such number
of appointments may be made as will bring the total number of Judges
to fourteen but not more.
(7) [Repealed.]
548
SUPREME COURT AND PRACTICE
Vol. 17
As amended by Industrial Arbitration Act Amendment Act of 1925, s. 6;
Financial Emergency Act of 1931, s. 6 (2) (ii); Act of 1944, 9 Geo. 6 No.3, s. 2;
Act of 1946, 10 Geo. 6 No. 53, s. 3; Act of 1949, 13 Geo. 6 No. 42, s. 3; Act of
1952, 1 Eliz. 2 No. 30, s. 3; Act of 1955, 4 Eliz. 2 No. 35, s. 5; Act of 1961, 10
Eliz. 2 No.4, s. 3.
Decimal currency reference substituted pursuant to section 7 of Decimal
Currency Act of 1965.
Acts referred to:
Supreme Court Acts Amendment Act of 1903, p. 544, ante.
Industrial Arbitration Act of 1916; see now Industrial Conciliation and
Arbitration Acts, 1961 to 1964, title LABOUR, Vol. 8, p. 405.
Financial Emergency Act of 1931, title COMMONWEALTH AND
STATES, Vol. 4, p. 246.
The Industrial Arbitration Act of 1916 was repealed and replaced by the
Industrial Conciliation and Arbitration Act of 1929, which was in turn repealed
and replaced by the Industrial Conciliation and Arbitration Act of 1932. Under
s. 6 (1) of the last-mentioned Act, an existing judge of the Supreme Court was to be
appointed President of the Industrial Court, which rendered subsections (1)-(3)
of the above section obsolete. The Industrial Court has all the powers of the
Supreme Court in relation to matters within its jurisdiction, Industrial Conciliation
and Arbitration Acts, 1961 to 1964, s. 8 (1) (d), title LABOUR, Vol. 8, p. 418.
Subsection (2) confirmed the decision of the Privy Council in McCawley v. R.,
[1920] A.C. 691; 28 C.L.R. 106.
fhe Board of Trade was abolished by The Industrial Conciliation and
Arbitration Act of 1929, now repealed.
Subsection (6) modifies the Supreme Court Acts Amendment Act of 1903, s. 3,
p. 544, ante.
As to judges' salaries, see also Supreme Court Act of 1867, s. 10, p. 493, ante;
Supreme Court Act of 1874, s. 6, p. 515, ante.
5. Constitution of Full Court, etc.
Unless in any particular case
the Governor in Council on the recommendation of the Chief Justice
otherwise directs by Order in Council published in the Gazette, not
more than three Judges shall sit in the Full Court or in the Court of
Criminal Appeal.
The Judges who shall from time to time constitute the Full Court
and the Court of Criminal Appeal respectively shall be selected in that
behalf by the Chief Justice.
The Full Court and the Court of Criminal Appeal shall continue
to be held in Brisbane.
As to the Full COllrt, see also Supreme Court Aot of 1892, ss. 4-7,11, pp. 529,
531, allte.
With respect to the Court of Criminal Appeal, see Criminal Code, s. 668A,
title CRIMINAL LAW, Vol. 3, p. 580.
DISTRICTS, ETC.
6. (I) Constitution of districts, etc. For the more convenient administration of justice the Governor in Council may from time to time by
Order in Council published in the Gazette-(i) Constitute Supreme Court districts, each of which shall
consist of a petty sessions district or two or more contiguous
petty sessions districts, and order that sittings of the Supreme
Court presided over by a Judge shall be held for the trial
of criminal causes and the trial and hearing of civil causes
and matters at such time or times, on such date or dates,
and at such place within each such district as are from
time to time prescribed;
(ii) Constitute at each such place for such district a Supreme
Court registry with a proper court seal or stamp;
SUPREME COURT ACT OF 1921
ss.4-7
549
(iii) Make such changes in the boundaries of any district or in the
place at which sittings are to be held and the registry is to
be situated as he thinks fit, and give such directions as to
the transfer of records and the transfer and continuance of
pending causes and matters as are necessary in consequence
of any such change.
(lA) The Governor in Council may from time to time appoint a
registrar and deputy sheriff and such and so many other officers as
are necessary in and for every Supreme Court district constituted under
subsection one of this section.
(2) Existing districts, registries, etc.
Unless or until otherwise
prescribed, all existing districts and District Court registries constituted
under and for the purposes of the repealed Acts, and all registrars,
bailiffs, and other officers appointed under those Acts, shall be deemed
to have been constituted to be districts and registries and appointed to be
officers (in their several offices) respectively for all purposes under
this Act, al'd shall continue subject to this Act:
Provided that where a Supreme Court registry and District Court
registry exist in the same city or town such District Court registry
shall be merged in the Supreme Court registry, which shall also be a
registry for the purposes of this Act.
(3) District Rcg"strars. Registrars appointed to act in and for
a district shall, ill r.:::ation to proceedings in their respective registries,
be registrars of the Supreme Court, and shall have all the powers,
jurisdictions, and authorities of such registrars.
As amended by Act of 1941, 5 Geo. 6 No. 11, s. 2.
As to deputy sheriffs in circuit court districts, see the Supreme Court Act
of 1867, s. 44, p. 507, ante.
For "the repealed Acts", see s. 3 (1),
With regard to District Registries and proceedings therein, see also R.S.C.
(1900), Ord;;r 95, Vol. 18.
7. Djstrict sittings are Circuit Courts. The sittings of the Supreme
Court held in a district under this Act shall be a Circuit Court, and
for th"t pU2'~CS2 the rro'/isions of sections thirty, thirty-one, and thirtytwo of the "Supreme Court Act of 1867" shall be applicable, except
as regards tile dates for holding such Courts.
ProviJcd t:lat ",here by reaSOli of [he absence of the appointed
Judge the Circuit Cnurt c~nnot be hdd at the time appointed the Sheriff
or his Deputy or in the event of the absence of both the Bailiff shall
adjourn the Court to such date as that Judge shall direct and shall publish
notice of the day to which the Court is adjourned in such manner as that
Judge directs.
The Northern Judge and Central Judge shall respectively reside in
the Northern District and Central District.
Subject to the next succeeding provision, the Northern Judge and
Central Judge shall also act as Judge at all Circuit Courts in the
Northern District and Central District, respectively.
As and when
directed by the Chief Justice in cases where in his opinion such
direction becomes necessary, every Judge of the Supreme -Court shall
act as a Judge in the Full Court or Court of Criminal Appeal or at
any sittings of the Supreme Court (including any Circuit Court) whether
in the Southern, Central, or Northern District.
550
SUPREME COURT AND PRACTICE
Vol. 17
In this section the term "Appointed Judge" means the Judge who
according to the arrangements for the despatch of business then in
force is the Judge to preside at the Circuit Court in question or such
other Judge as shall be presiding in his stead at that Circuit Court and
the term "Sheriff" in the case of Circuit Courts within the Central
District or the Northern District means the Central Sheriff or the
Northern Sheriff, as the case may be.
As amended by Act of 1963 (No.2), No. 46, s. 2.
For the Supreme Court Act of 1867, ss. 30-32.
s~e
p. 293, ante.
CIVIL CAUSES AND MATTERS
8. (1) Civil jurisdiction.
Subject to this Act, every civil cause or
matter commenced in the Supreme Court shall be commenced in the
prescribed registry, and all applications and other proceedings therein
shall be made and carried on in such registry accordingly; such cause
or matter shall be tried or heard in the district for which such registry
has been constituted by or before a Judge either alone or sitting with
a jury:
Provided that(a) Removal to another registry. Any party may apply to a
Judge or registrar to have a cause or matter removed into
another registry; and if it is made to appear to such Judge
or registrar that such cause or matter could be tried or heard
more expeditiously, cheaply, conveniently, or advantageously
in the district for which such other registry is constituted,
such Judge or registrar may remove the same to such other
registry, and thereupon the proceedings shall be continued
in such other registry and the cause or matter shall be tried
or heard in such district.
(b) Transmission of writ, etc. In any such case the registrar
of the registry in which the cause or matter was commenced
shall transmit to the proper registrar a copy of the order,
together with a copy of the writ of summons and of the
pleadings (if any), and other documents as prescribed.
(c) Proceedings on removal. Any cause or matter so removed,
and all subsequent proceedings therein, shall be tried and
taken as if the cause or matter had originally been commenced
in the registry to which it has been so removed.
The Judge shall appoint a day for the trial or hearing,
and notice of it shall be sent by the registrar, by post or
otherwise, to the parties or their solicitors.
Where a jury is requested for the trial of the cause, the
Judge may direct the summoning of such jury for the day
appointed for the trial, and such jury shall be summoned
and shall attend accordingly.
(2) Actions pending in Supreme Court. The provisions of this
section shall, as far as practicable, apply to causes and matters pending
in the Supreme Court at the date of the commencement of this Act.
See R.S.C. (1900), Order 95, Vol. 18.
An order for removal of a cause or matter to another registry involves more
than an order for a change of venue. The effect of such an order made under
this section is to transfer the proceedings to the substituted registry and to require
the trial to be held in the district for which such registry is constituted. See
Lehjeldt v. Estate H. S. Williams Pty. Ltd., [1956] Q.W.N. 1.
SUPREME COURT ACT OF 1921
SIl.7-l0A
551
9. Subject to this Act(i) Writs and appearance to be endorsed with statement of
claim and defence.
Every writ of summons issued out
of a registry shall be endorsed with or have annexed thereto
a short statement of claim, and every appearance to such
writ shall shortly state the defence, and unless by order of
a Judge no further pleadings shall be delivered;
(ii) Summons for directions to be issued by registrar. Upon
the entry of an appearance to a writ of summons, a summons
for directions shall be issued by the registrar, bringing the
parties before the registrar, who may give all such directions
upon such summons as he thinks fit, and for such purposes
such registrar shall have all the powers and authorities of
a Judge in chambers, or such registrar may refer the
summons to a Judge.
As to the non-operation of this section, see r. 3 of the Rules of Court of
27 June 1922 (not reprinted).
COUNSEL
10. Admission of certai.'1 solicitors as barristers.
Every solicitor of
the Supreme Court of Queensland of good repute in his profession,
having been five years in actual practice in Queensland, shall upon
motion in open court at his own request be called and admitted as a
barrister-at-Iaw without being required to pass any examination.
Under the Supreme Court Act of 1867, s. 40, p. 504, ante, solicitors who have
been three years in actual practice may be called to the bar on passing certain
examinations or producing evidence of certain scholastic attainments. This section
has the effect, where a solicitor has been in actual practice, for five years of
exempting him from the other requirements of s. 40; it does not affect the proviso
to that section, and a solicitor admitted a barrister under this section must be
struck off the roll of solicitors, Ex parte Atthow, [1923] St. R. Qd. 95; [1923]
Q.W.N. 21; Ex parte King, [1930] Q.W.N. 25. See also Legal Practitioners Act
Amendment Act of 1938, s. 5, p. 402, ante.
The Court should not make inquiry into the reputation of an applicant prior
to his admission as a solicitor, Ex parte Rofe (1939), 39 S.R.(N.S.W.) 124.
As to "actual practice", see notes to the Supreme Court Act of 1867, s. 40,
p. 504,
/.:,;Ie.
lOA. Admissin.l of certub barrIsters as solicitor5. Any barrister of good
repute(a) Who has been admitted or shall be admitted on or prior
to the thirtieth day of June, one thousand nine hundred
and thirty-nine; or
(b) Who shall have been admitted after the thirtieth day of
June, one thousand nine hundred and thirty-nine, and who
shall have been three years in actual practice in Queensland;
or
(c) Who shall have served under articles of clerkship to a
solicitor of the Supreme Court of Queensland for a period
of three years; or
(d) Who shall subsequently to his enrolment as a barrister have
for a period of three years served with a solicitor of the
Supreme Court of Queensland as a law clerk, or served as
an associate to a judge of the High Court or Supreme Court
or in the office of the Solicitor-General or the Crown
Solicitor or in the office in Queensland of the Crown Solicitor
552
SUPREME COURT AND PRACTICE
Vol. 17
for the Commonwealth or a Deputy Crown Solicitor for the
Commonwealth or in the offiee of a Registrar of the Supreme
Court (in the registries at Brisbane, Rockhampton, or
Townsville), or in any office (including any branch office)
of the Public Curator (which period of three years in this
paragraph (d) may be made up of service wholly for that
period in one such capacity as aforesaid or partly in one
and partly in any other such capacity or capacities),
shall upon motion in open court at his own request be admitted as a
solicitor without being required to pass any examination, and thereupon
his name shall be removed from the Roll of Barristers.
Inserted by Legal Practitioners Act Amendment Act of 1938, 2 Geo. 6 No. 20,
s. 7; as amended by Act of 1955, 4 Eliz. 2 No. 34, s. 4.
In Re Wynter, [1953] Q.W.N. 16, the Full Court admitted a barrister as a
solicitor in the exercise of its discretion under r. 54 of the Rules relating to the
Admission of Solicitors, notwithstanding that his periods of practice as a barrister
and of service as a judge's associate and as a law clerk did not comply with the
requirements of this section.
RULES OF COURT
11. (1) Rules of Court.
The Governor in Council, with the concurrence of any two or more of the Judges, may from time to time,
by Order in Council published in the Gazette, make all such Rules of
Court as may be deemed necessary or convenient for regulating the
proceduc ,c and practice of the Supreme Court for the purpose of giving
full efle,,( to the Principal Act and this Act and any other Act conferring
jurisdiction power or authority on the Court, including its civil criminal
admiralty ecclesiastical matrimonial insolvency and appellate jurisdiction,
and may from time to time revoke, alter, add to, or re-enact any Rules
previously made.
(2) With the object of simplifying procedure and saving expense
and expedit!ng business, but without in any way limiting the generality
of the foregoing provisions, such Rules of Court may make provision
for all or any of the following matters:(i) The effectual execution of the Principal Act and this Act
and the Acts aforesaid, and of the intention and objects
thereof:
(ii) The doing of anything prescribed or authorised to be done
by the Principal Act or this Act or any of the Acts
aforesaid;
(iii) The government and conduct of the registrars, officers, and
servants of the Court; the duties of such registrars, officers,
and servants; conferring on registrars, either generally or
in any particular case and under such circumstances and
on such conditions as may be prescribed, the jurisdiction,
powers, and authorities wholly or in part of a Judge in
Chambers, and providing for an appeal from such registrars
in the exercise of any such jurisdiction, power, or authority;
(iv) Authorising and providing for the service within and beyond
the jurisdiction of the Court of any writ, summons, or other
proceeding in any cause or matter within the cognizance of
the Court, or of notice of any proceeding or of notice of any
judgment or order pronounced or made in any such cause
or matter;
SUPREME COURT ACT OF 1921
ss. lOA, 11
553
(v) Providing for the admission of barristers, solicitors, and
conveyancers on such terms and conditions as may be
prescribed and prescribing any qualification or condition
precedent notwithstanding the provisions of any Act, rule,
or practice;
Prescribing
and regulating the costs to be allowed by the
(vi)
Court and paid to barristers and solicitors in any cause or
matter; and empowering the Court in giving judgment or
making any order to fix a sum or sums as the costs in full
of all costs of a cause or matter, or any proceeding therein;
Prescribing either generally or with respect to certain classes
of causes or matters a scale of costs proportionate to the
amount involved in the cause or matter;
For the taxation of solicitors' bills of costs as between party
and party or as between attorney and client, specifying
the several items to be allowed and the amount that is
to be allowed on taxation for each item;
(vii) Fixing the amount of fees and percentages to be taken in
respect of all causes and matters pending in the Court to
and by the officers and servants thereof;
(viii) Regulating the forms of process and mode of pleading in
the Court, and the practice of the Court in all its various
departments; dispensing with pleadings;
(ix) Empowering the Court to direct(a) That any cause or matter in the Supreme Court which a
Magistrates Court has jurisdiction to try shall be transferred to and heard and determined in such Magistrates
Court;
(b) That any action or proceeding commenced in a Magistrates
Court (not being an action or proceeding which prior to
the commencement of this Act might have been brought in
a Small Debts Court) shall be transferred to and heard
and determined in the Supreme Court;
(c) As to the C'Jsts in or in connection with any cause, matter,
action, or proceeding so transferred; and generally as to
the procedure for or in respect of any such direction;
(x) Issuing writs of inquiry to have any issues of fact tried in
any Magistrates Court or by a Judge or registrar at any
place in the State; making provision for all matters incident
to or consequent upon such trial of issues;
(xi) Empowering the Court or any Judge, either generally or in
any particular cases, to order that any cause or matter, with
or without any other matter, within the jurisdiction of the
Court shall be referred to arbitration in such manner and on
such terms as may be prescribed, and conferring power and
authority on the arbitrator, arbitrators, or umpire to make
an award, and making provision for all matters incident to
or consequent upon such order; enforcing such awards;
(xii) Dispensing with technical rules of evidence for proving any
matter which is not bona fide in dispute, also with such rules
as might cause expense and delay arising from commissions
554
SUPREME COURT AND PRACTICE
Vol. 17
to take evidence and otherwise; dispensing with the proof
ofHandwriting,
Documents,
Identity of parties or parcels,
Authority;
(xiii) Requiring particulars of the cause of action, of the grounds
of defer.ce, or of any other facts or circumstances connected
with the cause or matter to be served within a specified
time by any party;
(xiv) Mutual discoveries and inspections;
(xv) Requiring either party to make admissions with respect to
any question of fact involved in the cause or matter;
(xvi) Settling the issues for trial;
(xvii) Expediting the trial;
(xviii) Directing that notes of the evidence at the trial or hearing
of the cause or matter shall be taken in shorthand;
(xix) For the carrying into full effect of "The Supreme Court
Funds Act of 1895"; regulating the deposit, payment,
delivery, and transfer in, into, or out of Court of money
and securities belonging to suitors or which are otherwise
capable of being deposited in or paid or transferred into
Court or in or into the bank which transacts the banking
business of the Treasurer under the said Act with the privity
of the Treasurer, or which are under the custody of the
Court and the evidence of such deposit, payment, delivery,
or transfer; and the investment of and other dealing with
money and securities in Court in pursuance of the orders
of the Court, and the execution of the orders of the Court
and the powers and duties of the Treasurer with reference
to such money and securities.
(3) Additional power as to regulation of practice and procedure
by Rules of Court. 40 Vic. No.6, s. 21. Where any provisions in
respect of the practice or procedure of the Court are contained in any
Act of Parliament Rules of Court may be made for modifying such
provisions to any extent that may be deemed necessary.
( 4) Orders and Rules to be laid before Parliament. Every Order
in Council and Rule of Court purporting to be made in pursuance of
this Act shall be laid before both Houses of Parliament within forty
days after the making thereof if Parliament is then sitting, or, if Parliament is not then sitting, within forty days after the commencement of the
next ensuing session; and if either House of Parliament, by a resolution
passed within one month after such Order or Rule has been so laid
before it, resolves that the whole or any part of such Order or Rule
ought not to continue in force, the same shall, after the date of such
resolution, cease to be of any force, without prejudice nevertheless to
the making of any other Order or Rule in its place, or to anything done
in pursuance of such Order or Rule before the date of such resolution;
but, subject as aforesaid, every such Order or Rule purporting to be
made in pursuance of this Act shall, after the expiration of the period
aforesaid, be deemed to have been duly made, and to have been within
the powers of this Act.
SUPREME COURT ACT OF 1921
s. 11
555
(5) The foregoing provisions of this section shall come into
operation immediately on the passing of this Act.
(6) Existing Rules of Court. Until repealed or superseded by
Rules of Court made by virtue of the provisions herein contained(i) All the Rules and Orders for regulating the procedure,
pleading, and practice and other matters in force at the
commencement of this Act shall continue and be in force
in the Court, except so far as any of them are inconsistent
with or repealed by any of the provisions of this Act; and
(ii) As regards actions and proceedings of the kind mentioned
in sections fifty-six to fifty-nine, inclusive, of the repealed
Acts. all the provisions of the repealed Acts and Rules
thereunder, whether with respect to jurisdiction as to locality,
or procedure, or scale of costs or otherwise, in force at the
commencement of this Act, shall mutatis mutandis apply to
all such actions and proceedings commenced in the Supreme
Court thereafter, except so far as any of them are inconsistent
with or repealed by any of the provisions of this Act.
Act referred to:
Supreme Court Funds Acts, 1895 to 1958, Vol. 18.
The "Principal Act" is the Judicature Act (1876)' s. 1 (1), p. 303. allte.
This section replaces the provisions formerly contained in ss. 16-23 of that Act
and in the Act 64 Vic. No.6 (repealed). For a decision on the effect of the
Act 64 Vic. No.6, see Reis v. Carling (1908), 5 C.L.R. 673.
This section is not limited to "procedure and practice" as understood in
the limited sense of the CIUSUS curiae; those words in subsection (1) do not limit
the power to make rules under subsection (2) (xi), Tylors (Aus.) Ltd. Y.
Macgroarty, [1928] St. R. Qd. 371, 170.
As to validity of rules fixing fees, see Elder's Trustee and Executor Co.
Ud. Y. Registrar oj Probates (1917), 23 C.L.R. 169.
The references to the Houses of Parliament are now to be read as to the
Legislative Assembly alone, Constitution Act Amendment Act of 1922, s. 2, title
CONSTITUTION, Vol. 2, p. 752.
As to the effect of the concluding provision of subsection (4), see Tylors (Aus.)
Ltd. Y. Macgroarty, supra.
See also, as to rules "made and promulgated by the judges", R.S.C. (1900),
Order R7, rule 5, Vol. 18.
Numerous rule-making powers of a limited scope remain unrepealed. This
section is not to be read as merely ancillary to the provisions of earlier statutes
and Rules, but as amending them wherever it confers ampler powers, Tylors
(Aus.) Ltd. Y. Macgroarty, [1928] St. R. Qd. 371, 170. See also subsection (3) of
this section, and for a case of implied repeal of a statute by Rules of Court, see
Long Y. McArthur (1901), 11 Q.L.1. 136.
Power to make rules relating to procedure in criminal matters is contained in
the Criminal Code Act, 1899, s. 10, and the Criminal Code, s. 707, title
CRIMINAL LAW, Vol. 3, pp. 198 and 621 respectively.
For other rule-making powers, see:Claims Against Government Act (1866), s. 10, title CROWN. Vol. 4,
p. 334.
Commercial Causes Act of 1910, s. 6. p. 185, (/Ilte.
Common L:lw Pleading Act of 1867, s. 62. p. 189, ante.
Common Law Practice Act 1867-1970, s. 94, p. 221, alltl'.
Common Law Process Acts. 1867 to 1960, S5. 74-76. p. 244, ({Ilte.
Companies Act 1961-1971, s. 383, title COMPANIES, Vol. 2. p. 410.
Contracts of Sale of Land Act of 1933, s. 28, title LAND, Vol. 9, p. 76.
Costs Act of 1867, s. 36, title COSTS, Vol. 4, p. 292.
Crown Remedies Acts. 1874 to 1956, s. 18, title CROWN, Vol. 4. p. 343.
556
SUPREME COURT AND PRACTICE
Vol. 17
Equity Acts, 1867 to 1960. s. 156. p. 265, allte.
Evidence and Discovery Acts, 1867 to 1967, s. 78, title EVIDENCE,
Vol. 5, p. 515.
Guardianship and Custody of Infants and Marrial:e of Minors Amendment
Act of 1928, s. 9 (8), title MARRIAGE AND DIVORCE, Vol. 11,
p. 233.
Interdict Act of 1867, ss. 62, 63, p. 301, ante.
Intestacy Act of 1877, s. 55, title SUCCESSION, Vol. 16, p. 639.
Jury Acts, 1929 to 1967, s. 51, title JURIES, Vol. 8, p. 30.
Law of Distress and Other Acts Amendment Act of 1934, s. 22, title
LANDLORD AND TENANT, Vol. 9, p. 739.
Liens on Crops of Sugar Cane Acts, 1931 to 1965, title SUGAR.
Oaths Acts, 1867 to 1960, s. 34, title OATHS, Vol. 13, p. 329.
Prob3tC Act of 1867, ss. 42, 43, title SUCCESSION, Vol. 16, pp. 661, 662.
Public Curator Act 1915-1971, title TRUSTEES AND EXECUTORS.
Reciprocal Enforcement of Judgments Act of 1959, s. 6, p. 337, ante.
Trustees and Executors Acts, 1897 to 1964, s. 56, title TRUSTEES AND
EXECUTORS.
Trustees and Incapacitated Persons Act of 1867, s. 100, title TRUSTEES
AND EXECUTORS.
The Rules of Court at present in force, the chief of which are The Rules
of the Supreme Court of 1900 with amendments, are printed under this title.
For the Rules relating to Admission of Barristers and the Rules relating to
Admission of Solicitors, see the Queensland Law Almanac.
As to laying before the Legislative Assembly of rules made under the
Supreme Court Funds Acts, 1895 to 1958, see s. 23 of that Act, Vol. 18.
12. (1) [Amended Distress Replevin and Ejectment Act of 1867.]
(2) (i) - (v ) [Amended Judicature Act of 1876, Judicature Act
Amendment Act of 1900, Supreme Court Act of 1867, Supreme Court
Act of 1895, Supreme Court Funds Act of 1895.]
(vi) "The Supreme Court Act of 1899" shall be repealed as from
a date to be fixed by the Governor in Council by proclamation in the
Gazette.
For Supreme Court Act of 1899, see p. 543, ante.
no date had been fixed for repeal of that Act.
Up to 1 January 1972,
13. Saving provisions. Nothing in this Act contained shall be construed
to limit or affect(a) The gran tin g of probates or letters of administration or orders
to administer in the registries at Brisbane, Rockhampton,
and Townsville, respectively;
(b) The constitution or jurisdiction of the Elections Tribunal;
(c) The constitution or jurisdiction of the Court of Industrial
Arbitration.