Judicature Act 1908

1 Short Title, etc

• (1) The Short Title of this Act is the Judicature Act 1908.

  (2) This Act is a consolidation of the enactments mentioned in Schedule 1 hereto.

  (3) Without affecting the specific saving provisions of this Act, it is hereby declared as follows:

  • (a) All Proclamations, Orders in Council, districts, offices, appointments, commissions, patents, scales of fees, rules, regulations, orders, registers, records, instruments, and generally all acts of authority which originated under any of the enactments mentioned in Schedule 1 hereto or any enactment thereby repealed, and are subsisting or in force on the coming into operation of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated:

  • (b) All actions, matters, and proceedings commenced under any such enactment, and pending or in progress on the coming into operation of this Act, may be continued, completed, and enforced under this Act.

  (4) This Act is divided into Parts, as follows:

  • Part 1 The High Court. (Sections 3 to 56).

  • Part 2 The Court of Appeal. (Sections 57 to 75.)

  • Part 3 Rules and Provisions of Law in Judicial Matters Generally. (Sections 76 to 101.)

  Subsection (4) was amended, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124) by substituting the words “High Court” for the words “Supreme Court”.