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©State of Queensland
QUEENSLAND
THE SUPREME COURT ACT OF 1895, 59 Vic. No. 21
[Reprinted as at 1 May, 1983]Supreme Court Act of 1895, 59 Vic. No. 21 As amended by Supreme Court Act of 1899, (j3 Vi~. No. 5
Central and Northern Districts )Joundaries Act of 1900, 64 Vic. No. 2 Supreme Court Acts Amendment Act of 1903, 3 Edw. 7 No. 9 Statute Law Revision Act of 1908, 8 Edw. 7 No. 18
Supreme Court Act of 1921, 12 Geo. 5 No. 15
.t\n Act to Amend "The Supreme Court Acts, 1867 to 1893," and for other purposes
[ASSENTED TO 19 DECEMBER, 1895]
Preamble repealed by Act of 1908, 8 Edw. 7 No. 18, s. 2.
aE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
1. Construction and short title. This Act shall be read and construed with and as an amendment of "The Supreme Court Acts, 1867 to 1893,"
and may be cited, together with those Acts, as "The Supreme Court Acts, 1867 to 1895," and separately as "The Supreme Court Act of 1895."
2. Interpretation. In this Act, unless the context otherwise indicates, the following terms shall have the meanings set against them respectively, that is to say,-
"Principal Acts"-"The Supreme Court Acts, 1867 to 1893";
"The Court"-The Supreme Court of Queensland;
"The Full Court"-The Supreme Court sitting at Brisbane, and holden by or before two or more judges;
"Judge"-A Judge of the Court;
2 ss. 3-6 SUPREME COURT ACT OF 1895
"Central District"-The part of the Colony comprised within the boundaries described in the First Schedule to this Act;
"Northern District"-The part of the Colony comprised within the boundaries described in the Second Schedule to this Act;
"Existing Northern Judges"-The Northern Judges for the time being appointed under the provisions of "The Supreme Court Act of 1889";
"The Central Court"-The Court as holden within the Central District as provided by this Act;
"The Northern Court"-The Court as holden within the Northern District as provided by this Act.
3. [This section amended certain Acts formerly mentioned in the Third Schedule, saving the past operation of those Acts and everything done or suffered thereunder, and without prejudice to any pending or incomplete proceedings.]
4. Sittings in Central and Northern Districts. Sittings of the Supreme Court shall be held within the Central District and Northern District respectively.
Central and Northern Court. The Central Court and the Northern Court, until other provision is made in that behalf, and without prejudice to the jurisdiction, powers, and authority exercisable in any Circuit Court within the Central District or the Northern District, as the case may be, shall be holden at Rockhampton and Townsville respectively.
5. Jurisdiction, etc., of Judges sitting in Central and Northern Courts.
The Judges sitting for the time being in the Central Court and Northern Court shall respectively have and exercise within the Central District and Northern District all the jurisdiction, . powers, and authorities of the Court which may be exercised by a Judge sitting alone.
6. Central and Northern Judges. One of the Judges of the Court shall be styled "the Central Judge," and shall be designated as such in any commission to be heteafter given to him hi pursuance of the "Supreme Court Act of 1867."
One of the Judges of the Court shall be styled "the Northern Judge," and shall be designated as such in ahy commission to be hereafter given to him in pursuance of the "Supreme Court Act of 1867."
Transfer of Judge. The Governor in Council may at any time in the event of a vacancy, with the Judge's consent, appoint the Northern Judge to be the Central Judge, or the Central Judge to be the Northern Judge, or transfer, with the Judge's consent, the Central Judge or the Northern Judge to the Supreme Court at Brisbane, or appoint a Judge at Brisbane to be the Central Judge or Northern Judge.
SUPREME COURT ACT OF 1895 ss. 7-11 3
7. Central Judge and Northern Judge defined. The Judge appointed from time to time by the style or designation of the Central Judge shall be the Central Judge.
The existing Northern Judge, and any future Judge appointed by the style or designation of the Northern Judge is and shall be the Northern Judge.
8. General jurisdiction of Central Judge and Northern Judge. Subject to the provisions of this Act as to the jurisdiction to be exercised by the Central Judge within the Central District, and by the Northern Judge within the Northern District, every Judge of the Court shall have and shall be deemed to have always had, and may exercise, in any part of Queensland at which the Supreme Court or a Circuit Court is appointed to sit, all the jurisdiction, powers, and authorities of a Judge of the Court.
9. Officers may be appointed. The Governor in Council may from time to time appoint, for the purposes of the Central Court and of the Northern Court respectively, such and so many duly qualified persons as may be requisite to perform within those Districts respectively the duties of sheriff, prothonotary, and registrar, and the duties of such other officers as may be necessary. And the officers so appointed shall have and perform within the Central District or the Northern District, as the case may be, the like duties to those performed by the corresponding officers at Brisbane.
The officers already appointed for the purposes of the District assigned to the existing Northern Judges shall be deemed to have been appointed for the purposes of the Northern Court as hereby defined.
Deputy Sheriffs. The provisions of the eighth section of "The Sheriff's Act of 1875," with respect to the powers, duties, and liabilities of the Northern Sheriff appointed under the provisions of "The Supreme Court Act of 1874," shall apply to the Central Sheriff and to the Northern Sheriff appointed under the provisions of this Act.
As amended by Act of 1899, 63 Vic. No. 5, s. 4.
10. Causes may be transferred. All matters depending in the Supreme Court at Brisbane, or in the Central Court, or in the Northern Court may be transferred to any other one of the said Courts in such manner as may be prescribed by Rules of Court.
11. Construction of Acts referring to the District or Courts of existing Northern Judges. Subject to the provisions in this Act contained, all Acts relating to the District assigned to or to the Court hold':!n before the existing Northern Judges, or wherein such District or Court is mentioned or referred to, shall be construed and take effect, so far as relates to
4 ss.lZ-17 SUPREME COURT ACT OF 1895
anything done or to be done after the passing of this Act, as if the Northern District and the Northern Court as hereby defined had been named therein instead of such District and Court respectively.
Construction of Acts in which "Brisbane" or Bowen is mentioned.
Whenever in any Act relating to the Court the word "Brisbane" or the word "Bowen" is used, or any act or thing is required to be done or performed at Brisbane or Bowen, such Act shall, so far as may be necessary or convenient for the exercise of the jurisdiction of the Central Court or of the Northern Court, be read and construed as if the word
"Rockhampton" or the word "Townsville," as the case requires, were substituted for the word "Brisbane" or the word "Bowen" therein respectively.
12. Process where returnable. Any writ or other process issued out of the office of the Central Court, or by any Commissioner residing within the Central District, shall be returnable in the office of the Central Court.
Any writ or other process issued out of the office of the Northern Court, or by any Commissioner residing within the Northern District, shall be returnable in the office of the Northern Court.
But every writ or other process shall have full force and effect, and may be enforced at any place within the Colony:
Provided that no petition for adjudication of insolvency against any debtor shall be made returnable before the Central Court unless the debtor's usual residence is within the Central District, and no such petition shall be made returnable before the Northern Court unless the debtor's usual residence is within the Northern District.
13. Appeals from District Courts. Appeals from District Courts shall be heard and determined by the Full Court:
Provided that by consent of parties such appeals may be heard and determined by a Judge sitting alone.
14-16. (Repealed).
Repealed by Act of 1921, 12 Geo. 5 No. 15, s. 12 (2) (iv).
17. [The second, third and fourth paragraphs of this section amended s. 12 of the "Supreme Court Act of 1892," and ss. 2 and 5 of the
"Supreme Court Act of 1893."]
In the case of Circuit Courts within the Central District or within the Northern District the duties of the Registrar under the last-mentioned section shall be performed by the officer of the Central Court or Northern Court, as the case may be, who for the time being is performing the duties of the Registrar of that Court.
As amended by Act of 1903, 3 Edw. 7 No. 9, s. 4.
SUPREME COURT AC:T OF 1895 Sch. I 5
[See section 2] FIRST SCHEDULE
CENTRAL DISTRICT
Commencing on the east coast at the mouth of the Kolan River, and bounded thence on the south by the northern watershed of that river westerly to Dawes Range; by that range and the range forming the northern and western watersheds of the Rawbelle River and its tributaries westerly and southerly to their junction with the southern watershed of Ross and Cracow Creeks; by that watershed westerly to the Dawson River; by that river downwards to Bigge's Range; by that range westerly to Carnarvon Range; by that range westerly to the Great Dividing Range;
by that range westerly to the Warrego Range; by that range westerly to the Cheviot Range; by that range north-westerly and westerly to the confluence of the Thomson and Barcoo Rivers; by a line due west to the western boundary of the Colony; on the west by that boundary north to the twenty-fourth parallel of south latitude; on the north by that parallel easterly to its intersection with the east boundary of Ingledoun No. 3 Block; by part of the east boundary of that block; by the northern boundaries of Ingledoun No. 1 and Walla Munda; by parts of the west and the north boundaries of Diarnantina Lakes No. 3; by part of the west and the south boundaries of Diamantina Lakes No. 2; by the south boundary of Diamantina Plains; by the south and part of the east boundaries of Mayne Downs No. 4 to the twenty-fourth parallel of latitude; again by that parallel easterly to the range forming the eastern watershed of the Diamantina River and its tributaries; by that range northerly to the ranges forming the southern watershed of the Flinders River and its tributaries; by that range north-easterly to the twenty-first parallel of latitude; by that parallel easterly to the Great Dividing Range;
by that range southerly to its junction with the southern watershed of the Cape River; by that watershed easterly to the confluence of the Belyando
~nd Suttor Rivers; thence by the Suttor River upwards to its head in the Leichhardt Range; thence by that range and the northern watershed of Funnel Creek and its tributaries easterly and southerly to a spur forming the watershed separating the waters of Marion and Rocky Dam Creeks;
thence by that watershed north-easterly to Cape Palmerston on the east coast of the Colony; thence by a line eastward to the eastern boundary of the Colony; thence on the east by that boundary southerly to Sandy Cape;
and again on the south by a line westerly to the point of commencement;- inclusive of all islands adjacent thereto south of the latitude of Cape Palmerston and north of the latitude of Sandy Cape.
Substituted by Act of 1900, 64 Vic. No. 2, s. 2.
6 Sch. 2 SUPREME COURT ACT OF 1895 [See section 2] SECOND SCHEDULE
NoRTHERN DisTRICT
Commencing on the east coast at Cape Palmerston, and bounded thence on the south by a line east to the eastern boundary of the Colony;
thence on the east, north-east, north, and west by that boundary to the twenty-fourth parallel of south latitude; on the south by that parallel easterly to its intersection with the east boundary of Ingledoun No. 3 Block; by part of the east boundary of that block; by the northern boundary of Ingledoun No. 1 and Walla Munda; by parts of the west and north boundaries of Diamantina Lakes No. 3; by part of the west and the south boundaries of Diamantina Lakes No. 2; by the south boundary of Diamantina Plains; by the south and part of the east boundaries of Mayne Downs No.4 to the twenty-fourth parallel of latitude; again by that parallel easterly to the range forming the eastern watershed of the Diamantina River and its tributaries; by that range northerly to the range forming the southern watershed of the Flinders River and its tributaries; by that range north-easterly to the twenty-first parallel of latitude; by that parallel easterly to the Great Dividing Range; by that range southerly to its junction with the southern watershed of the Cape River; by that watershed easterly to the confluence of the Belyando and Suttor Rivers; thence by the Suttor River upwards to its head in the Leichhardt Range; thence by that range and the northern watershed of Funnel Creek and its tributaries easterly and southerly to its junction with a spur forming the watershed separating the waters of Marion and Rocky Dam Creeks; and thence by that watershed north-easterly to the point of commencement;-inclusive of all islands adjacent thereto north of the latitude of Cape Palmerston.
Substituted by Act of 1900, 64 Vic. No. 2, s. 2.
THIRD SCHEDULE [Not reprinted. See note to s. 3.]
55247-By Authority: S. R. HAMPSON. Government Printer, Queensland
INDEX
TO
THE SUPREME COURT ACT OF 1895
Act-
construction of short title ..
Appeals from District Court's
Causes-
may be transferred Central Court-
jurisdiction of Judges sitting in sittings of, to be held at Rockhampton Central District-
meaning of term . . . . . . . .
A
c
sittings of Supreme Court to be held within Central Judge-
defined . . . . general jurisdiction of Central Judges .•
Constitution of the Court-
construction of Acts in which " Brisbane " or Bowen is mentioned
construction of Acts referring to the District or Courts of exist- ing Northern Judges
Construction of Act ..
Deputy Sheriffs District Courts-
appeals from
Existing Northern Judges- meaning of term ..
'Governor in Council-
D
E
G
s. I I 13
10
5 4
2 4
7 8 6
II II
9
13
2
may appoint officers, for purposes of Central Court and 9 Northern Court
I
'Interpretation. See Meaning of term.
Page
4
2 2
2 2
3 3 2 4 3 I
3 4
2
8
Judge-
meaning of term transfer of
INDEX
J
Judges-
jurisdiction of, when sitting in Central Court or Northern Court
Meaning of term-
Central District . . . . Existing Northern Judges Judge ..
Northern District Principal Acts ..
The Central Court The Court The Full Court ..
The Northern Court
Northern Court-
jurisdiction of Judges sitting in sittings of, to he held at Townsville Northern District-
meaning of term . . . . . . . .
M
N
sittings of Supreme Court to h.e held within Northern Judge-
defined . . . . general jurisdiction of Northern Judges
0
Officers-
Governor in Council may appoint for the purposes of the Central Court and. the Northern Court
Principal Acts- meaning of term
The Central Court- meaning of term The Court-
meaning of term The Full Court-
meaning of term The Northern Court-
meaning of term ..
Writ or other process, where returnable
p
T
w
s. 2 6 5
2 2 2 2 2 2 2 2 2
5 4
2 4 7 8 6
9
2
2 2
2 2
12
55247-Bv Authority: S. R. HAMPSON, Government Printer, Queensland Page
I 2 2
2 2 I 2 I 2 I I 2
2 2
2 2 3 3 2
3
2
4
