State Courts Act 1970

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4 Constitution of State Courts

6A Sittings of State Courts

7 Sittings in private, etc.

8 State Court may conduct hearing through electronic means of communication

8A Appointment of Presiding Judge of State Courts

9 Appointments and qualifications of District Judges

10 Appointments and qualifications of Magistrates

11 Justices of the Peace

12 Appointments and qualifications of registrar and deputy registrars of State Courts

13 Powers and duties of deputy registrars

14 State Court officers

15 Powers and duties of certain State Court officers, etc.

15A Solicitor, etc., authorised to act as bailiff

16 Special powers of bailiffs

17 Oaths of judicial officers and certain other officers

18 Appointments and revocations to be gazetted

19 General civil jurisdiction

22 Abandonment of part of claim to give District Court jurisdiction

23 Jurisdiction by agreement in certain actions

25 Jurisdiction in actions for recovery of immovable property

26 Equity jurisdiction

28 Jurisdiction to issue writ of distress

29 Jurisdiction to grant relief by interpleader

30 Variation of District Court limit

31 Powers of District Court same as General Division of High Court

32 Powers of District Judge in chambers

34 Jurisdiction of registrar

35 Division of causes of action

36 Examination of witnesses abroad in District Court cases

39 Costs of certain actions commenced in General Division of High Court which could have been commenced in a State Court

41 Allocation of proceedings to General Division of High Court

42 Finality of judgments and orders of District Court

43 Satisfaction of judgments and orders for payment of money

44 Enforcement of judgments of District Courts

45 Execution of deed or indorsement of negotiable instrument

47 General provision relating to civil appeals

48 Agreement not to appeal

49 Appeal not to operate as stay of execution or enforcement

49A Oral hearing not needed generally

49B Summary dismissal of certain matters

50 Jurisdiction of District Courts exercising criminal jurisdiction

51 Criminal jurisdiction of Magistrates’ Courts

52 Civil jurisdiction of Magistrates’ Courts

54 Judgments and orders of Magistrates’ Courts

54AA Agreement not to appeal

54A General power to transfer from Magistrate’s Court to District Court

54B General power to transfer from State Courts to General Division of High Court

54C General power to transfer from General Division of High Court to State Courts

54D General power to transfer from District Court to Magistrate’s Court

54E Transfer of counterclaim from State Courts to General Division of High Court

54F Transfer of counterclaim from Magistrate’s Court to District Court

54G Costs in cases transferred from one court to another

57 Registry of State Courts

58 Nature of business at any sitting

59 Distribution of business

60 Office of State Court

61 Vacations for District and Magistrates’ Courts

63 Impounding documents

64 Disqualification of judicial officers

65 Judicial officers not to act where interested

66 Officers of court not to bid at sales under any written law

67 Misconduct of officers

68 Protection of judicial and other officers

70 Conversion of pending petitions to writs of summons and originating summonses

State Courts Act 1970

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act relating to the constitution, jurisdiction and powers of the State Courts and the administration of justice therein.

[5/2014]

[1 January 1971]

PART 1

PRELIMINARY

Short title

1. This Act is the State Courts Act 1970.

[5/2014]

Interpretation

2. In this Act, unless the context otherwise requires —

“action” means a civil proceeding commenced by summons or in any other manner prescribed by Rules of Court;

“commissioner for oaths” means a commissioner for oaths appointed under section 68 of the Supreme Court of Judicature Act 1969;

“Coroner” has the meaning given by section 2(1) of the Coroners Act 2010;

“District Court limit” means $250,000 or any other amount specified by an order under section 30;

“judicial officer” means a District Judge, Magistrate or registrar;

“Magistrate’s Court limit” means $60,000 or any other amount specified by an order under section 52(3);

“prescribed” means prescribed by Rules of Court;

“registrar” means the registrar of the State Courts and includes a deputy registrar;

“Rules of Court” means Rules of Court made under this Act and includes forms;

“seal” includes stamp.

[14/2010; 5/2014; 27/2014]

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