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©State of Queensland
QUEENSLAND
THE SUPREME COURT ACT OF 1874, 38 Vic. No. 3
[Reprinted as at 1 May, 1983]Supreme Court Act of 1874, 38 Vic. No.3 As amended by Legal Practitioners Act of 1881, 45 Vic. No. 5 Supreme Court Act of 1889, 53 Vic. No. 17 Prisons Act, 1890, 54 Vic. No. 17
Supreme Court Act of 1892, 55 Vic. No. 37 Supreme Court Act of 1895, 59 Vic. No. 21 Statute Law Revision Act of 1908, 8 Edw. 7 No. 18
Supreme Court Acts Amendment Act of 1944, 9 Geo. 6 No.3 Judges' Pensions Act of 1957, 6 Eliz. 2 No. 38
An Act to Amend "The Supreme Court Act of 1867"
[Assented to 30 June, 1874]
BE 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. (Repealed).
Repealed by Act of 1908, 8 Edw. 7 No. 18, s. 2.
2. (Repealed) .
Repealed by Act of 1895, 59 Vic. No. 21, s. 3.
3. (Repealed).
Repealed by Act of 1944, 9 Geo. 6 No. 3, s. 2 (2) (i).
4. (Repealed).
Repealed by Act of 1895, 59 Vic. No. 21, s. 3.
5. (Repealed).
Repealed by Act of 1957, 6 Eliz. 2 No. 38, s. 12.
6. Salaries to be charged on consolidated revenue fund.
The
salariespayable to the ju~ges of the Supreme Court shall be charged on and paid out of the Cortsohl!ated Revenue Fund of Queensland
2 ss. 7·24 SUPREME COURT ACT OF 1874
Such salaries shall grow due from day to day but shall be payable to the persons entitled thereto or to their executors or administrators on the usual monthly days of payment or at such other period as the Governor in Council may decide.
As amended by Act of 1957, 6 Eliz. 2 No. 38, s. 13.
7-9. (Repealed).
Repealed by Act of 1892, 55 Vic. No. 37, s. 3.
10. Supreme Court to be Court of Error. The Supreme Court shall for all purposes be the Court of Error for the Colony.
11. Power to amend defects or errors. The Supreme Court in all its civil jurisdictions and any judge thereof shall have power at all times and in all matters to amend defects or errors whether there be anything in writing to amend by or not and all such amendments may be made upon such terms as to the Court or judge may seem fit.
12. Single judge empowered to dispose of ex parte and other motions. Notwithstanding anything in this Act contained a single judge of the Supreme Court sitting alone shall have power at any time to hear and dispose of any motions for rules nisi any unopposed or ex parte motions any motions or matters in which one party only appears and any other matters which the parties thereto agree to have heard and disposed of by a single judge.
And any judge so sitting shall for such purposes have all the powers of the full Court.
13. New trials only where substantial wrong occasioned. A new trial shall not be granted in any action at common law on the ground of misdirection or of the improper admission or rejection of evidence unless in the opinion of the Court some substantial wrong or miscarriage has been thereby occasioned in the trial of the action and if it appear to such court that such wrong or miscarriage affects part only of the matter in controversy the Court may give final judgment as to part thereof and direct a new trial as to the other part only.
14. (Repealed).
Repealed by Act of 1890, 54 Vic. No. 17, s. 4.
15·21. (Repealed).
Repealed by Act of 1889, 53 Vic. No. 17, s. 4.
22, 23. (Repealed).
Repealed by Act of 1881, 45 Vic. No. 5, s. 3.
24. Short title. This Act may be cited as "The Supreme Court Act of 1874" and shall be read and construed with "The Supreme Court Act of 1867."
55254--By Authority: S. R. HAMPSON, Government Printer, Queensland
