Supreme Court Act 1887
[The long title Amended by 26 Geo. V No. 16, s. 7 ][The long title Amended by No. 30 of 1958, s. 5 ]An Act to amend the Supreme Court Act 1831 , and to make provision for the appointment of additional judges of the Supreme Court
[Royal Assent 7 February 1887]
[Preamble Repealed by 26 Geo. V No. 16, s. 7 ]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
[Section 1 Amended by 26 Geo. V No. 16, s. 7 ][Section 1 Amended by No. 68 of 1994, s. 3 and Sched. 1 ]The term barrister used in this Act and every Act and Charter relating to the appointment of the judges of the Supreme Court means any person duly admitted under the Legal Profession Act 1993 , or any Act thereby repealed to act in the said Court as a barrister, attorney, solicitor, and proctor, or as a barrister only.
[Section 2 Amended by 26 Geo. V No. 16, s. 7 ][Section 2 Amended by No. 18 of 1951, s. 2 ][Section 2 Amended by No. 30 of 1958, s. 2 ][Section 2 Substituted by No. 88 of 1975, s. 2 ][Section 2 Amended by No. 37 of 1984, s. 4 ]In addition to the Chief Justice and the puisne judge of the Supreme Court required to be appointed under the Charter of Justice, the Governor may appoint barristers of the Court, duly qualified in that behalf, to be additional puisne judges of the Supreme Court, so long as at any one time there are not more than 5 such additional puisne judges.
2A. Tasmanian State Service Act 1984 not to apply
[Section 2A Inserted by No. 29 of 1984, s. 3 and Sched. 1 ][Section 2A Renumbered by No. 46 of 1991, s. 5 and Sched. 3 ]The Tasmanian State Service Act 1984 does not apply to the appointment of judges of the Supreme Court.
[Section 3 Amended by 26 Geo. V No. 16, s. 7 ][Section 3 Repealed by No. 19 of 1951, s. 10 ][Section 3 Inserted by No. 88 of 1975, s. 2 ](1) Where the Governor is of opinion that a situation of a temporary nature has arisen, or is likely to arise, in which it is necessary or desirable, in the public interest, that the powers of this section should be exercised, he may appoint a person eligible for office of judge of the Supreme Court as an acting judge of the Court to act as puisne judge thereof until the happening of such event, or for such period, as the Governor may specify in his instrument of appointment.(2) Subject to this section, an acting judge holding office under this section has the same powers and jurisdiction as a puisne judge of the Supreme Court, and while he so holds office shall be deemed to be a puisne judge of the Court.(3) An acting judge is entitled to be paid out of the Consolidated Revenue (which, to the necessary extent, is appropriated accordingly) a salary at the same rate as that payable to a puisne judge.(4) [Section 3 Subsection (4) substituted by No. 19 of 1995, s. 12 ]The Judges' Contributory Pensions Act 1968 does not apply to a person by reason of that person holding office as an acting judge and service as an acting judge is not taken to be service as a judge for the purposes of that Act.(5) Section 5 does not apply to the appointment of an acting judge, and section 6A does not apply to the office of acting judge.
4. Qualification for appointment
(1) [Section 4 Subsection (1) amended by 26 Geo. V No. 16, s. 7 ][Section 4 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 ]The office of any judge of the Supreme Court may be held by a barrister of the said Court who is of the age of 35 years and upwards, and of not less than 10 years' standing at the Bar of the said Court: and, notwithstanding anything to the contrary contained in the Charter of Justice or in any former Act, no barristers in England or Ireland shall be eligible for the office of judge of the said Court who is not of the age of 35 years and upwards, and of 10 years' standing at the Bar in England or Ireland: Provided that, where any person duly admitted under the Legal Profession Act 1993 , to act in the said Court as a barrister, attorney, solicitor, and proctor has been or shall be struck off the Roll of the said Court for the purpose of being called to the English Bar, and shall be duly admitted a barrister-at-law in England, and shall thereafter be duly admitted to act in the said Court as a barrister, attorney, solicitor, and proctor, or as a barrister only, the period during which such person shall have been enrolled prior to the date of his being struck off the Roll and also the period during which he shall have been absent from Tasmania for the purpose of being called to the English Bar shall be included in computing for the purposes of this section his length of standing at the Bar of the said Court.(2) [Section 4 Subsection (2) added by 26 Geo. V No. 16, s. 7 ]In addition to barristers heretofore eligible therefor, barristers of the Supreme Court of any State of the Commonwealth or New Zealand of the age of 35 years or upwards, and of not less than 10 years' standing at the Bar of any such Court, or 10 years' standing in the aggregate at the Bar of any such Court, and of the Supreme Court of Tasmania, shall be eligible for the office of any judge of the Supreme Court of this State.
[Section 5 Amended by 26 Geo. V No. 16, s. 7 ]After the commencement of this Act the nomination and appointment of the judges of the Supreme Court by virtue of any power in that behalf enabling shall be by the Governor by letters patent under the Public Seal of the State.
[Section 6 Amended by 26 Geo. V No. 16, s. 7 ](1) Each of the puisne judges of the said Court shall have, hold, exercise, and enjoy all the powers, privileges, and immunities which, by the Charter of Justice and any law, statute, or usage, are conferred upon or made exercisable by the puisne judge of the Supreme Court of Tasmania or any judge of the said Court to and for all intents and purposes whatsoever as fully and effectually as if each of the said puisne judges had been respectively mentioned or referred to in the said Charter and every law or statute relating to the said Court or the practice or procedure thereof in any jurisdiction whatsoever.(2) Where in the said Charter or any former Act reference is made to two judges of the said Court, the same shall, after the appointment of an additional puisne judge under this Act, be deemed to refer to the said Chief Justice and the puisne judges hereinbefore mentioned.
[Section 6A Inserted by No. 18 of 1951, s. 3 ](1) Each of the judges of the said Court shall retire from office on attaining the age of 70 years.(2) This section does not apply to or in respect of any person holding office as a judge of the said Court at the commencement of this section.
[Section 7 Repealed by No. 41 of 1959, s. 2 and Sched. ][Section 7 Inserted by No. 45 of 1996, s. 8 ][Section 8 Amended by 26 Geo. V No. 16, s. 7 ][Section 8 Repealed by No. 41 of 1959, s. 2 and Sched. ](1) The Chief Justice is to be paid a salary in respect of a financial year at the rate determined by the Auditor-General pursuant to subsection (3) .(2) A puisne judge is to be paid a salary at the rate of 90% of that of the Chief Justice.(3) The Auditor-General, as soon as practicable after the start of the financial year, is to determine, in respect of that financial year, the rate that is the average of the rates of salary payable to the Chief Justices in South Australia and Western Australia at the beginning of that financial year.(4) The Chief Justice and puisne judges are entitled to be paid out of the Consolidated Fund.(5) The Consolidated Fund is appropriated to the extent necessary for the purposes of subsection (4) .
[Section 9 Repealed by 26 Geo. V No. 16, s. 7 ][Section 9 Inserted by No. 30 of 1958, s. 4 ][Section 9 Amended by No. 37 of 1984, s. 5 ]The power to make rules and orders under section 16 of the Australian Courts Act, 1828 may so far as it still exists be exercised by a majority of the judges.[Section 10 Substituted by 26 Geo. V No. 16, s. 7 ][Section 10 Amended by No. 30 of 1958, s. 3 ][Section 10 Repealed by No. 41 of 1959, s. 2 and Sched. 1 ]
[Section 11 Amended by 26 Geo. V No. 16, s. 7 ](1) [Section 11 Subsection (1) amended by No. 50 of 1977, s. 11 ]Sittings of the Court for the trial of civil or criminal issues and assessment of damages and for the exercise of any other jurisdiction conferred upon the Court by law shall be held at such times and at such places as may lawfully be appointed.(2) It shall be incumbent upon a judge to attend and preside over such sittings, and to attend to the due despatch of business in Chambers in Launceston as circumstances may from time to time require.(3) One of the judges shall attend in Chambers at Launceston at least one day in each week unless previously notified by the Deputy-Sheriff that his attendance is not required; but a judge shall not be obliged to attend at Launceston when his services are necessary in Hobart during term time or for the sittings of the Supreme Court.
[Section 12 Substituted by 26 Geo. V No. 16, s. 7 ]This Act may be cited as the Supreme Court Act 1887 .