Judicature Amendment Act 1957

Judicature Amendment Act 1957

Public Act1957 No 9
Date of assent26 September 1957

Note

This Act is administered in the Department of Justice.


An Act to amend the Judicature Act 1908

1 Short Title, etc
  • (1) This Act may be cited as the Judicature Amendment Act 1957, and shall be read together with and deemed part of the Judicature Act 1908 (hereinafter referred to as the principal Act).

    (2) Except as provided in subsection (2) of section 2 and subsection (3) of section 4 of this Act, this Act shall come into force on the 1st day of January 1958.

The Court of Appeal

2
  • (1) This subsection substituted new subsections (2)-(8) for subs (2) of section 57 of the principal Act.

    (2) Any appointment of a Judge of the Court of Appeal may be made under section 57 of the principal Act, as amended by subsection (1) of this section, at any time after the date of the passing of this Act as if this section had come into force on that date. Any person so appointed shall come into office as a Judge of the Court of Appeal on the commencement of this Act.

3

The High Court

4
  • (1) This subsection inserted a new section 4 in the principal Act

    (2) The following enactments are hereby repealed, namely:

    • (a) Section 2 of the Judicature Amendment Act 1913:

    • (b) Section 2 of the Judicature Amendment Act 1953:

    • (c) Section 2 of the Judicature Amendment Act 1956.

    (3) This section shall come into force on the passing of this Act.

5
  • [Repealed]

    Section 5 was repealed, as from 1 January 2004, by section 48(2) Supreme Court Act 2003 (2003 No 53). See sections 50 to 55 of that Act for the transitional and savings provisions.

6
  • [Repealed]

    Section 6 was repealed, as from 6 November 1986, by section 9 Judicature Amendment Act 1986 (1986 No 93).

Miscellaneous provisions

7
  • [Repealed]

    Section 7 was repealed, as from 25 October 1960, by section 5(2) Judicature Amendment Act 1960 (1960 No 109).

8
  • [Repealed]

    Section 8 was repealed, as from 1 January 1986, by section 12(1) Judicature Amendment Act (No 2) 1985 (1985 No 112).

9
  • [Repealed]

    Section 9 was repealed, as from 1 January 1969, by section 2(5)(a) Judicature Amendment Act (No 2) 1968 (1968 No 59).

10 Repeals and savings
  • (1) The enactments specified in the Schedule to this Act are hereby repealed.

    (2) Where at the commencement of this Act any appeal or other matter has already been heard or partly heard before the Court of Appeal, that appeal or other matter may be continued and completed before the Court of Appeal as constituted before the commencement of this Act, and the judgment or decision of that Court may be given thereon, as if this Act had not been passed.

    (3) Except in any case to which subsection (2) of this section applies, all appeals and proceedings brought in the Court of Appeal before the date of the commencement of this Act and pending or in progress at that date may be continued and completed before the Court of Appeal constituted under the principal Act as amended by this Act.

    (4) Without limiting the provisions of the Acts Interpretation Act 1924, but subject to the foregoing provisions of this section, it is hereby declared that the repeal of any provision by this Act shall not affect any appointment or document made or deemed to have been made or any thing whatsoever done under the provision so repealed or any corresponding former provision, and every such appointment or document or thing, so far as it is subsisting or in force at the time of the repeal and could have been made or done under this Act, shall continue and have effect as if it had been made or done under the corresponding provision of this Act, and as if that provision had been in force when the document was made or the thing was done.


Schedule
Enactments repealed

Section 10(1)

  • 1913 No 41–The Judicature Amendment Act 1913. (1931 Reprint, Vol II, p 92)

  • 1923 No 36–The Judicature Amendment Act 1923: Section 3. (1931 Reprint, Vol II, p 92)

  • 1933 No 3–The Judicature Amendment Act 1933.

  • 1953 No 45–The Judicature Amendment Act 1953.

  • 1954 No 1–The Judicature Amendment Act 1954.

  • 1956 No 80–The Judicature Amendment Act 1956.