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JUDICIARY ACT 1903 - List of Sections

Section

Compilation Information

Long Title

JUDICIARY ACT 1903
Part I—Preliminary

1. Short title [ see Note 1]
2. Interpretation
3A. Extension to Territories
JUDICIARY ACT 1903
Part III—Jurisdiction and powers of the High Court generally

JUDICIARY ACT 1903
Division 1—Exercise of jurisdiction


15. Exercise of jurisdiction
JUDICIARY ACT 1903
Division 2—Jurisdiction of single Justice


16. Jurisdiction in Chambers
17. State Supreme Courts invested with jurisdiction in Chambers
18. Reference to Full Court
JUDICIARY ACT 1903
Division 3—Full Court


19. Quorum of a Full Court
20. Appeals from Judges of federal jurisdiction
21. Applications for special leave to appeal to High Court
22. Quorum for granting leave to appeal to the Queen in Council or to High Court
23. Decision in case of difference of opinion
JUDICIARY ACT 1903
Division 4—Enforcement of process


24. Contempt
25. Powers of court to extend to whole Commonwealth
JUDICIARY ACT 1903
Division 4A—Summary judgment


25A. Summary judgment
JUDICIARY ACT 1903
Division 5—Costs


26. Costs
27. No appeal as to costs
JUDICIARY ACT 1903
Division 6—Defendants


28. Non-appearance of some defendants
29. Absent defendants
JUDICIARY ACT 1903
Part IV—Original jurisdiction of the High Court

30. Original jurisdiction conferred
31. Judgment and execution
32. Complete relief to be granted
33. Mandamus Prohibition Ouster of office
33A. Awards may be made Rules of Court
JUDICIARY ACT 1903
Part V—Appellate jurisdiction of the High Court

JUDICIARY ACT 1903
Division 1—Appeals


34. Appeals from Justices of High Court
35. Appeal from courts of States
35AA. Appeals from Supreme Court of a Territory
35A. Criteria for granting special leave to appeal
JUDICIARY ACT 1903
Division 2—Power of Court


36. New Trials
37. Form of judgment on appeal
JUDICIARY ACT 1903
Part VI—Exclusive and invested jurisdiction

38. Matters in which jurisdiction of High Court exclusive
39. Federal jurisdiction of State Courts in other matters
39A. Federal jurisdiction invested in State Courts by other provisions
39B. Original jurisdiction of Federal Court of Australia
JUDICIARY ACT 1903
Part VII—Removal of causes

40. Removal by order of the High Court
41. Proceedings after removal
42. Remittal of causes
43. Effect of interlocutory orders etc. before removal of cause
44. Remittal of matters by High Court to other courts
45. Defence in causes removed to High Court
JUDICIARY ACT 1903
Part VIII—Enforcement of certain orders concerning court
proceedings

46. Interpretation
47. Application
48. Crown to be bound
49. Contravention of order to constitute contempt
50. Reports
51. Application of this Part
JUDICIARY ACT 1903
Part VIIIA—Legal practitioners

55A. Right of barristers and solicitors admitted in federal courts to practise in those courts
55B. Right to practise as barrister or solicitor in federal courts and courts exercising federal jurisdiction
55C. Register of Practitioners
55D. Right to practise as barrister or solicitor in Territories
55E. Attorney-General's lawyers
55F. Attorney-General's lawyer may act for more than one party
55G. Commonwealth may charge for services of Attorney-General's lawyer
55H. Lawyers employed by a State, the Australian Capital Territory or the Northern Territory
JUDICIARY ACT 1903
Part VIIIB—The Australian Government Solicitor

JUDICIARY ACT 1903
Division 1—Definitions


55I. Definitions
JUDICIARY ACT 1903
Division 2—Establishment and functions of the Australian
Government Solicitor


55J. Establishment of the Australian Government Solicitor
55K. Functions
55L. Powers
55M. Constitution
55N. Persons and bodies for whom the AGS may provide services
55P. AGS may charge for services
JUDICIARY ACT 1903
Division 3—Capacity of AGS and AGS lawyers to act


55Q. AGS lawyers
55R. AGS may act for more than one party
JUDICIARY ACT 1903
Division 4—Appointment and terms and conditions of CEO and
staff


55S. Chief Executive Officer of the AGS
55T. Appointment of CEO
55U. Terms and conditions of appointment
55V. Resignation
55W. Termination of CEO's appointment
55X. CEO must disclose interests
55Y. Outside employment
55Z. Acting CEO
55ZA. Delegation
55ZB. Staff and consultants
JUDICIARY ACT 1903
Division 5—Money


55ZC. Exemption from State and Territory taxation
55ZD. AGS must make tax-equivalent payments to the Commonwealth
55ZE. Corporate governance requirements
JUDICIARY ACT 1903
Part VIIIC—Attorney-General's Legal Services
Directions

55ZF. Attorney-General may issue directions
55ZG. Compliance with Legal Services Directions
55ZH. Legal Services Directions and legal professional privilege
55ZI. Anything done under Legal Services Directions not actionable
JUDICIARY ACT 1903
Part IX—Suits by and against the Commonwealth and the
States

56. Suits against the Commonwealth
57. Suits by a State against the Commonwealth
58. Suits against a State in matters of federal jurisdiction
59. Suits between States
60. Injunction against a State and its officers
61. Suits by Commonwealth
62. Suits by a State
63. Service of process when Commonwealth or State is party
64. Rights of parties
65. No execution against Commonwealth or a State
66. Performance by Commonwealth or State
67. Execution by Commonwealth or State
JUDICIARY ACT 1903
Part IXA—Suits relating to the Northern Territory

67A. Interpretation
67B. Suits between Commonwealth and Northern Territory
67C. Jurisdiction of Supreme Court of Territory
67D. Prosecution of indictable offences in Supreme Court of Territory
67E. No execution against Territory
67F. Effect of this Part
JUDICIARY ACT 1903
Part X—Criminal jurisdiction

JUDICIARY ACT 1903
Division 1—Application of laws


68. Jurisdiction of State and Territory courts in criminal cases
JUDICIARY ACT 1903
Division 2—Indictable offences


69. Indictments
70. Offences committed in several States
70A. Indictable offence not committed in a State
71. Discharge of persons committed for trial
71A. Trial of indictable offence without preliminary examination
JUDICIARY ACT 1903
Division 3—Appeals


72. Reservation of points of law
73. Hearing
74. Effect of order of Full Court
75. Certain errors not to avoid conviction
76. Appeal from arrest of judgment
77. No other appeal
JUDICIARY ACT 1903
Part XA—Procedure of the High Court

JUDICIARY ACT 1903
Division 1—Trials


77A. Trial without jury
77B. Power of High Court to direct trial with jury
77C. Trial of an issue and new trials
77D. Juries
JUDICIARY ACT 1903
Division 2—Evidence


77E. Production of books
77F. Oaths and affirmations
77G. Orders and commissions for examination of witnesses
77H. Oral and affidavit evidence
JUDICIARY ACT 1903
Division 3—Defects and errors


77J. Amendment
77K. Formal defects not to invalidate
JUDICIARY ACT 1903
Division 4—Reserved judgments


77L. Reserved judgments
JUDICIARY ACT 1903
Division 5—Judgment and execution


77M. Enforcement of judgments
77MA. Interest up to judgment
77N. Interest on judgment debts
77P. Interpleader
77Q. Discharge of property taken in execution
JUDICIARY ACT 1903
Division 6—Receivers and managers


77R. Receivers and managers
JUDICIARY ACT 1903
Part XB—Appeals to the High Court

JUDICIARY ACT 1903
Division 1—Security


77S. Security
JUDICIARY ACT 1903
Division 2—Procedure


77T. Institution of appeals
77U. Stay of proceedings
77V. Death of party to an appeal
JUDICIARY ACT 1903
Part XI—Supplementary provisions

JUDICIARY ACT 1903
Division 1—Appearance of Parties


78. Appearance of parties
JUDICIARY ACT 1903
Division 1A—Provisions relating to Constitutional matters


78AA. State includes Australian Capital Territory and Northern Territory
78A. Intervention by Attorneys-General
78B. Notice to Attorneys-General
JUDICIARY ACT 1903
Division 2—Application of laws


79. State or Territory laws to govern where applicable
80. Common law to govern
80A. Application of sections 79 and 80 to Territory courts
81. Security of the peace and for good behaviour
JUDICIARY ACT 1903
Division 3—Venue


82. Venue in suits for penalties
83. Venue in suits for taxes
84. Venue in suits for forfeiture
85. Property seized as forfeited
JUDICIARY ACT 1903
Division 4—Rules of Court


86. Rules of Court
88. Regulations
JUDICIARY ACT 1903
The Schedule

JUDICIARY ACT 1903
Notes to the Judiciary Act 1903

Table A

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