Division 1 General

1   Name of Act

This Act may be cited as the Supreme Court Act 1970.

2   Commencement

(1)  Except as provided in subsection (2), this Act shall commence on a day to be appointed by the Governor and notified by proclamation published in the Gazette.

(2)  Part 9 shall commence on the date upon which the assent of Her Majesty to this Act is signified.

3   The Crown

(1)  Subject to this and any other Act, the Crown is bound by, and has the benefit of, this Act and the rules.

(2)  In subsection (1), Crown includes not only the Crown in right of New South Wales but also the Crown in all its other capacities.

4   (Repealed)

5   Repeals

Each Act mentioned in the First Schedule to this Act is, to the extent therein expressed, hereby repealed.

6   Inconsistency with rules

Any Act in force immediately before the commencement of this Act which is inconsistent with the rules shall be superseded to the extent of such inconsistency and while such inconsistency continues to exist.

7   (Repealed)

8   Construction of references

(1)  In any Act, rule of court or regulation in force immediately before the commencement of this Act:

(a)  a reference to the Court in Banco or to the Full Court or to the Court as a court consisting of two or more Judges shall be construed as a reference to the Court of Appeal,

(b)  a reference to the Court or to a Judge in any of the jurisdictions specified in the First Column of the Table below or to the practice or procedure of the Court in any of those jurisdictions shall be construed as a reference to the Division specified opposite that jurisdiction in the Second Column of that Table or, as the case may be, to the practice or procedure in that Division:

Table
First Column	Second Column
Jurisdiction	Division
Common Law	Common Law Division
Equity	Equity Division
Probate	Probate Division
Matrimonial Causes	Divorce Division
Protective	Protective Division
Admiralty	Admiralty Division

(c)  a reference to the Judge exercising the matrimonial causes jurisdiction of the Court or appointed to exercise that jurisdiction shall be construed as a reference to the Chief Judge in Divorce,

(d)  a reference to a writ, whether of prohibition, mandamus, or certiorari or of any other description by which the Court formerly had jurisdiction to grant any relief or remedy shall, subject to subsection (2), be construed as a reference to the judgment or order by which the Court may grant that relief or remedy under this Act and the rules,

(e)  a reference to the Master in Equity or to the Master in the protective jurisdiction of the Court shall, subject to the rules, be construed as a reference to the master assigned to the Equity Division or, as the case may be, to the master assigned to the Protective Division or, where two or more masters are so assigned, to the senior master so assigned,

(f)  a reference to the holder of an office named in the First Column of the Table below shall, subject to the rules, be construed as a reference to the holder of the office named in the Second Column of that Table opposite to the name of the firstmentioned office:

Table
First Column	Second Column
Prothonotary	Prothonotary
Deputy Master and Registrar in Equity	Registrar in Equity
Registrar of Probates	Registrar in Probate
Registrar in Divorce	Registrar in Divorce
Registrar in Admiralty	Registrar in Admiralty
Registrar of the Court of Appeal	Registrar of the Court of Appeal

(g)  a reference to the verdict or finding of a jury in any proceedings or on any issue in any proceedings on a trial with a jury shall, unless the context or subject matter otherwise indicates or requires, extend, in the case of proceedings on a common law claim tried without a jury pursuant to this Act, to the determination of the Court in the proceedings or on any such issue on a trial without a jury, and

(h)  a reference to an action of ejectment in the Court shall be construed as a reference to proceedings in the Court for possession of land.

(2)  Paragraph (d) of subsection (1) does not apply to a reference to:

(a)  the writ of habeas corpus ad subjiciendum,

(b)  any writ of execution for the enforcement of a judgment or order of the Court, or

(c)  any writ in aid of any such writ of execution.

9   Non-revivor

A repeal made by section 5 or an amendment made by section 7 shall not revive anything not in force or existing immediately before the commencement of this Act.