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©State of Queensland
QUEENSLAND
THE SUPREME COURT ACT OF 1892, 55 Vic. No. 37
[Reprinted as at 1 May, 1983]
Supreme Court Att of 1892, 55 Vic. No. 37 As amended by Supreme Court Act of 1893, 57 Vic. No. 17 Supreme Court Act of 1895, 59 Vic. No. 21
An Act to further Amend "The Supreme Court Acts, 1867 to 1889"
[ASSENTED TO 14 APRIL, 1892]
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. Short title. This Act shall be read and consrtrued with and as an amendment of "The Supreme Court Acts, 1867 to 1889," and may be cited together with those Acts as "The Supreme Court Acts, 1867 to 1892," and separately as "The Supreme Court Act of 1892."
2. Interpretation. In the construction of this Act the term "the Court"
means the Supreme Court of Queensland, the term "the Full Court"
means the Supreme Court sitting at Brisbane, and holden as provided by this Act, the term "appeal from a Judge" includes a motion or application for judgment or for a new trial in a cause or matter which has been heard before a Judge, with or without a jury, and a motion or application to set aside or vary any order made or judgment pronounced by a Judge, and the term "existing" means existing immediately before the passing of this Act.
3. Repeal of '38 Vic. No. 3, ss. 7, 8, 9, and 53 Vic. No. 17, s. 13.
The seventh, eighth, and ninth, sections of "The Supreme Court Act of 1874," and the thirteenth section of "The Supreme Court Act of 1889,"
are hereby repealed:
Saving. But this section shall not affect rthe past operation of any provision hereby repealed, and every judgment or order made before the passing of this Act shall take effect in the same manner to all intents and purposes as if this Act had not been passed.
2 ss. 4-7 SUPREME COURT ACT OF 1892
4. No judge to sit upon the hearing of an appeal from a judgment or order made by himself. From and after the passing of this Act no Judge shall sit upon the hearing of an appeal from a judgment or order made by himself.
Or upon the hearing of any motion or application for a new trial, etc., in any cause or matter tried before himself. And no Judge shall sit in the Full Court upon the hearing of a motion or application for judgment or for a new trial, or to set aside a verdict, finding, or judgment, or for any other relief in any cause or matter in which there has been a trial of the cause or matter, or of any issue therein, before himself with or without a jury.
This section does not apply to the hearing of any question nf law reserved under the provisions of the "Criminal Practice Act of 1865"
at the trial of a person convicted before a judge of any treason, felony, or misdemeanour.
As amended by Act of 1895, 59 Vic. No. 21, s. 3.
5. Appeals from Judges to be heard before three Judges. Upon the hearing of an appeal from a Judge of the Supreme Court in the exercise of ordinary original jurisdiction of any kind, whether in Court or in Chambers, the Supreme Court shall be holden by and before not less than three Judges, all of whom actually take part in the decision.
But this section does not apply to an ex parte application by way of appeal from the refusal of a Judge to grant an ex parte application.
As amended by Act of 1893, 57 Vic. No. 17, s. 3.
6. Constitution of Full Court. Subject Ito the foregoing provisions of this Act, and without prejudice to the powers exercisable by a Judge sitting alone, the Full Court shall be holden by and before not less than two Judges, each of whom actually takes part in the decision.
Substituted by Act of 1893, 57 Vic. No. 17, s. 4.
7. Decision in case of differences of opinion. When the Full Court is holden by and before two or more Judges and the Judges are divided in opinion as to the decision to be given on any question, such question shall be decided according to the opinion of the majority of the Judges, if there is a majority; but if the Judges are equally divided in opinion, then the opinion of the Chief Justice, if he is one of them, or, if he is not, then the opinion of the senior puisne Judge present, shall prevail, except in the case of an appeal from a Judge of the Supreme Court which is heard before four Judges, in which case, if the Judges are equally divided in opinion, the decision appealed from shall be affirmed:
Provided that, in the last-mentioned case, if the Judge whose decision is appealed from reports ~o the Court that he desires that the matter shall be determined without reference to the fact that he has pronounced or given such decision, the opinion of the Chief Justice or senior puisne Judge present shall prevail.
SUPREME COURT ACT OF 1892 ss. 8-12 3
8. (Repealed).
Repealed by Act of 1895, 59 Vic. No. 21, s. 3.
9. Motions for judgment. Notwithstanding anything in section eight of "The Judicature Act" or in any other enactment to the contrary contained, every motion for judgment in any cause or matter in the Court in which there has been a trial of the cause or matter, or of any issue therein, with or without a jury, shall, subject to appeal to the Full Court, be heard and determined in the first instance by the Judge before whom the trial took place, unless it is impracticable or inconvenient that such Judge should act, in which case the motion shall, subject to such appeal as aforesaid, be heard and determined by some other Judge.
10. (Repealed).
Repealed by Act of 1895, 59 Vic. No. 21, s. 3.
11. Arrangements for securing the attendance of a sufficient number of judges competent to sit. When a matter or proceeding which stands for hearing in the Full Court at Brisbane is called on to be heard, but cannot be heard by reason of there not being a sufficient number of Judges in attendance who are competent to sit upon the hearing of such matter or proceeding, the same shall be adjourned to an appointed time, in order that arrangements may be made to secure the attendance of a sufficient number of Judges competent to sit upon the hearing of such matter of proceeding:
Provided that if at any time any unnecessary delay arises in the making of such arrangements as may be necessary to secure the attend- ance of a sufficient number of Judges of the Court competent to sit upon the hearing of any such matter or proceeding, the Governor in Council may request the attendance at any sitting of the Full Court at Brisbane of any Judge or Judges of the Court whose presence may, in the opinion of the Governor in Council, be necessary to secure the attendance of a sufficient number of Judges of the Court competent to sit upon the hearing of such matter or proceeding; and thereupon the Judge or Judges whose attendance is requested shall attend accordingly.
12. The Governor in Council may appoint person to act as judge of the Court in certain cases. Whenever it is certified to the Governor in Council by the Chief Justice, or, in the event of his absence or inability, by the senior puisne Judge, that from any cause whatsoever a sufficient number of Judges of the Court competent to sit upon the hearing of any matter or proceeding in the Full Court cannot be secured, or cannot be secured without detriment to the ordinary business of the Court, the Governor in Council may, by commission in Her Majesty's name, appoint a District Court Judge, or any person qualified to be a Judge of the Court, to act as Judge of the Court for the hearing of such matter or proceeding, and may cause a reasonable salary to be oaid to such Judge or person so appointed out of any moneys appropriated for that purpose by Parliament.
4 ss. 13-15 SUPREME COURT ACT OF 1892
. And .whenev~r it is certified ~o the Gover~or ~~ Council by the Chief Justice, or, m the event of his absence or mabihty, by the senior puisne Judge, that in consequence of the absence of the Central Judge from the Central District or of the Northern Judge from the Northern District for the purpose of attending a sitting of the Full Court at Brisbane, or in consequence of the absence of any Judge by reason of his being not competent or being unable to take part in the decision of any cause or matter, or to sit at any sittings of the Court, or from any other reason whatever, the ordinary business of the Court is likely to be interrupted, the Governor in Council may in like manner appoint a District Court Judge or other person qualified as aforesaid to act as a Judge of the Court during such absence, and may cause a reasonable salary to be paid to such Judge or person so appointed out of any moneys appropriated for that purpose by Parliament.
As amended by Act of 1895, 59 Vic. No. 21, s. 17.
13. Powers of persons appointed. Every Judge or person so appointed shall, for the purposes specified in such commission, have and may exercise all the powers and privileges, and may discharge all the duties, of a Judge of the Court.
14. Every Judge to have jurisdiction in matrimonial causes. Every Judge of the Court shall have and may exercise all the jurisdiction, powers, and authority, of the Judge Ordinary as conferred by "The Matrimonial Causes Jurisdiction Act of 1864" and "The Matrimonial Causes Act of 1875."
15. Cases not to be heard in Chambers except with the consent of all parties. When, upon an opposed application coming on ,to be heard before a Judge in Chambers, either party appears by counsel or solicitor, the matter shall be adjourned into Court, without any costs of the adjournment, and shall be heard in open Court, unless all the parties consent to its be,ing heard in Chambers:
Provided 'that the same persons shall be entitled to audience in a matter so adjourned into Court that would have been so entitled if it had not been so adjourned;
Saving of forms and methods of procedure. And provided further that all existing forms and methods of procedure in relation to any proceeding in Chambers may continue to be used and practised in relation to such proceeding when adjourned into Court, in such and the like cases, and for such and the like purposes, as those to which they would have been applicable in relation to such proceeding in Chambers.
55251-Bv Authority: S. R. lh"PSON, Government Printer, Queensland
INDEX TO
1HE SUPREME COURT ACT OF 1892
appeal from a Judge- meaning of term .•
Appeals-
A
from Judges, to be heard before three Judges
Cases-
c
s. 2
s
not to be heard in Chambers except with the consent of all IS parties
existing- E
meaning of term
Full Court- F
arrangement for securing the attendance of a sufficient number of Judges
constitution of . . . . motions for judgment in
G
Governor in Council-
may appoint person to act as Judge in certain cases ..
I
Interpretation. See Meaning of term.
Judge- J
Governor in Council may appoint person to act as, in certain cases
not to sit hl~:::;,~earing of an appeal from a judgment made by not to sit upon hearing of motion or application for a new trial etc., in any cause or matter tried before himself powers of . . . . . . . . . .
to have jurisdiction in matrimonial causes Judges-
appeal from, to be heard before three judges arrangements for securing a sufficient number of decision, in case of difference of opinion
Meaning of term-
appe~l from a Judge extstmg . . . . the Court ..
the Full Court
M
2
II 6 9
12
12 4 4 13 14 II s
7
2 2 2 2
Page
2
3 2 3
3
3 2 2 4 4
2 3 2
6 INDEX
R Page
Repeals So 3
s
Savings 0 o 3
Short title
T
the Court-
meaning of term 2
the Full Court-
meaning of term ~
55251-By Authority: So Ro HAMPSON, Government Printer, Queensland ·
