Western Australia: Supreme Court Act 1935 (WA)

Western Australia Supreme Court Act 1935 Western Australia Supreme Court Act 1935 Contents Part I — Preliminary 1. Short title and commencement 2 3. Repeal and savings 2 4. Terms used 3 4A. Application of Act 6 5. Construction of other Acts and documents 6 6A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 6 Part II — Constitution of the Supreme Court 6. Supreme Court of Western Australia 7 7. Divisions of the Court 7 7A. Appointment of judges, judges of appeal, Chief Justice and President 9 8. Qualification of judges and acting judges 10 9. Tenure of judges and oaths of office 10 9A. Resignation of judges 10 9B. Seniority of judges and masters 11 10. Acting Chief Justice 12 10A. Acting President 13 10B. Acting judges of appeal 13 10C. Judge of appeal may sit in General Division if approved 14 11. Acting judges 14 11AA. Auxiliary judges 15 11A. Masters 17 11B. Master, terms of appointment of 17 11D. Acting masters 19 11E. References to master in other Acts 20 12. Judge or master may act in cases of rates etc. even if a ratepayer etc. 21 13. Oath of office 22 15. Seal of Supreme Court 22 Part III — Jurisdiction and law Division 1 — Jurisdiction 16. General jurisdiction 23 17. Court may transfer case to lower court 25 18. Probate jurisdiction 26 20. Appellate jurisdiction 26 21. Jurisdiction to be exercised according to this Act and rules of court 27 22. Saving of former procedure 28 23. Supreme Court authorised to perform certain acts required to be performed by courts in England 29 Division 2 — Law and equity 24. Law and equity to be concurrently administered 29 Division 3 — Miscellaneous rules of law 25. Rules of law upon certain points 33 26. Liability for damage to property due to fault of 2 or more vessels 34 27. Liability for loss of life etc. due to fault of 2 or more vessels 35 28. Right of contribution where liability for loss of life etc. due to fault of 2 or more vessels 36 30. Sections 26 to 28 subject to Navigation Act 2012 (Cwlth) 36 32. Pre‑judgment interest, Court may order 37 33. Judgments and orders, correction of 37 34. Rules of law in this Act to apply in all courts 38 36. Quo warranto 38 37. Costs 38 Part IV — Sittings and distribution of business Division 1 — Sittings and vacations 38. Court may sit at any time and at any place 39 39. Civil sittings in Perth 39 40. Criminal sittings in Perth 39 41. Single judge to preside unless Court of Appeal to do so 39 42. Civil actions, trial with or without jury 40 43. Judge may reserve case etc. for Court of Appeal 41 44. Court vacations 42 45. Hearings during court vacations 42 Division 2 — Circuit towns 46. Circuit towns and sittings in them 42 48. Term used: circuit court 44 Division 3 — Jurisdiction of a commissioner 49. Commissioners, appointment of etc. 44 Division 4 — Inquiries and trials by referees 50. Question in civil matter may be referred to referee etc. 46 51. Trial of civil matter may be referred to referee etc. 46 52. Referee's powers and remuneration; effect of referee's report 47 53. Court to have powers as to references by consent 47 54. Referee may state case on question of law 47 55. Costs etc. of reference 48 Division 5 — Assessors 56. Trial with assessors 48 Division 6 — The Court of Appeal 57. Court of Appeal, constitution of 48 58. Court of Appeal, jurisdiction of 50 59. New trial etc., application for and ordering 52 60. Restriction on appeals 53 61. Powers of single judge of appeal and master 54 62. Divided decisions, effect of 55 Part V — Arrest in pending actions 63. Defendant about to leave jurisdiction, arrest of 57 64. Security by defendant 58 65. Security etc. to be subject to the Court 59 66. Costs 59 67. Discharge of defendant from custody 59 68. Sheriff etc. to indorse date of arrest 59 Part VI — Mediation 69. Terms used 60 70. Protection of mediator 60 71. Privilege 60 72. Confidentiality 62 Part IX — Officers and offices 154. Attorney General 63 155. Registrars and other officers 64 155A. Personal staff for judges and masters 65 156. Sheriff 66 158. Sheriff may appoint deputies 66 165. Saving of sheriff's common law rights etc. 67 166. Central Office 67 Part X — Rules of court 167. Rules of court, content of 68 168. Rules of court, making 73 170. Rules of court to be laid before Parliament, disallowance 73 171. Fees, regulations may prescribe 74 Part XI — Miscellaneous 172. Foreign law question to be decided by judge 76 173. Consent order for judgment to be filed 76 174. Officers etc. may be authorised to administer oaths 76 178. Habeas corpus proceedings 77 First Schedule — Enactments repealed Second Schedule — Oath and affirmation of office Notes Compilation table 83 Uncommenced provisions table 90 Other notes 90 Defined terms Western Australia Supreme Court Act 1935 An Act to consolidate and amend the law relating to the Supreme Court. Part I — Preliminary 1. Short title and commencement This Act may be cited as the Supreme Court Act 1935, and shall come into operation on a date to be fixed by proclamation. [2. Deleted: No. 10 of 1998 s. 76.] 3. Repeal and savings (1) The Acts mentioned in the First Schedule are hereby repealed to the extent therein stated. (2) Subject as in this Act otherwise expressly provided, and to the provisions of section 16 of the Interpretation Act 1918 2, subsections (3) to (6) have effect in respect of those repeals. (3) Nothing in this repeal shall affect any proclamation published, Order in Council, rule, order or regulation made, commission issued, direction given, or thing done, under any enactment repealed by this Act; and every such proclamation, Order in Council, rule, order, regulation, commission or direction shall continue in force, and shall have effect as if published, made, issued, or given under this Act. (4) Any person holding office, or serving, or deemed to be serving under any Act or enactment repealed by this Act, shall continue in office or service as if he had been appointed under this Act, and nothing in this repeal shall affect the terms and conditions on and subject to which any person held office immediately before the commencement of this Act. (5) Save as therein otherwise expressly provided, nothing in this Act — (a) shall affect the operation of any enactment which is in force at the commencement of this Act, and is not expressly repealed by this Act; (b) shall be construed to take away, lessen, or impair any jurisdiction, power, or authority (judicial or ministerial) which is now vested in or capable of being exercised by the Supreme Court, or any one or more of the judges thereof; (c) shall affect the operation of any rules of court in force at the commencement of this Act, or, subject to the rules of court, any practice or procedure of the Court, or any practice or usage of or connected with any of the offices of the Court, or the officers thereof, in force at the commencement of this Act. (6) All actions, matters and proceedings commenced under any Act or enactment repealed by this Act, and pending or in progress at the commencement of this Act may be continued, completed and enforced under this Act. [Section 3 amended: No. 19 of 2010 s. 51.] 4. Terms used (1) In this Act, unless the context otherwise requires: — action means a civil proceeding commenced by writ or in such other manner as may be prescribed by rules of court, but does not include any criminal proceeding; cause includes any action, suit or other original proceeding between a plaintiff and defendant, and any criminal proceeding; Chief Justice means the Chief Justice of Western Australia and includes a judge appointed to act in the office of Chief Justice under section 10(3); Court means the Supreme Court of Western Australia; Court of Appeal means the division of the Supreme Court referred to in section 7(1)(b); Court of Appeal Registrar means the Court of Appeal Registrar appointed as described in section 155(1) and includes a duly appointed acting Court of Appeal Registrar; defendant includes any person served with any writ of summons or other process, or served with notice of, or entitled to attend any proceedings; inferior court includes the Magistrates Court or any other inferior court; issue of fact includes the assessment of damages in any cause; judge of appeal means a judge of the Supreme Court who also holds a commission as a judge of appeal; judgment includes decree; jurisdiction includes all powers and authorities incident to the exercise of jurisdiction; master means a master of the Supreme Court appointed under the provisions of this Act and includes a duly appointed acting master; matrimonial cause means any action for dissolution of marriage, nullity of marriage, judicial separation, jactitation of marriage, or restitution of conjugal rights; matter includes every proceeding in the Court, not in a cause; officer of Court includes a referee; order includes rule; owner when used with reference to a vessel, includes any person other than the owner responsible for the fault of the vessel, as though the term owner included such person; and in any case where by virtue of any charter or demise, or for any other reason, the owner is not responsible for the navigation and management of the vessel, the expression owner shall be read as though for references to the owner there were substituted references to the charterer or other person for the time being so responsible; and when used with reference to any cargo or property on board a vessel, means any person entitled to maintain an action against a wrongdoer in respect of any direct and immediate injury to such cargo or property; and it includes a part owner; party includes every person served with notice of or attending any proceeding, although not named on the record; person includes a corporation sole, and any body corporate, and any public body; petitioner includes every person making any application to the Court, either by petition, motion, or summons, otherwise than as against any defendant; plaintiff includes every person asking any relief (otherwise than by way of counter‑claim as a defendant) against any other person by any form of proceeding, whether the proceeding is by action, suit, petition, motion, summons or otherwise; pleading includes any petition or summons, and also includes the statements in writing of the claim or demand of the plaintiff, and of the defence of any defendant thereto, and of a counter‑claim (if any) of a defendant, and of the reply of the plaintiff to any counter‑claim of a defendant, and any subsequent pleading; prescribed means prescribed by rules of court; President means the President of the Court of Appeal; Principal Registrar means the Principal Registrar of the Supreme Court appointed under the provisions of this Act, and includes a duly appointed acting Principal Registrar; registrar means a registrar of the Supreme Court appointed under the provisions of this Act and includes a duly appointed acting or deputy registrar; rules of court includes forms; statute means any Imperial Act in force in this State and any Commonwealth Act and any Act of the Parliament of Western Australia, and includes this Act; suit includes action. (2) For the purposes of this Act, legal experience is — (a) standing and practice as a legal practitioner; or [(b) deleted] (c) judicial service (including service as a judge of a court, a magistrate or other judicial officer) in the State or elsewhere in a common law jurisdiction; or (d) a combination of both kinds of legal experience defined in this subsection. [Section 4 amended: No. 21 of 1954 s. 2; No. 67 of 1979 s. 4; No. 7 of 1982 s. 3; No. 47 of 1983 s. 13; No. 37 of 1989 s. 4; No. 57 of 1997 s. 118; No. 65 of 2003 s. 69(2), 119(2), (3) and 130(2); No. 45 of 2004 s. 4; No. 59 of 2004 s. 128; No. 24 of 2005 s. 28; No. 21 of 2008 s. 709(2) and (3); No. 9 of 2022 s. 424.] 4A. Application of Act The provisions of this Act, including those conferring powers on the Court or a judge, apply in respect of any jurisdiction conferred on or vested in the Court, whether under a law of the State or otherwise. [Section 4A inserted: No. 14 of 1991 s. 4.] 5. Construction of other Acts and documents Where any Act or document refers to any enactment repealed by this Act, or any corresponding previous enactment, or to any mode of procedure or form of pleading under any such enactment, the Act or document shall be construed and shall operate as if it referred to this Act, or to the corresponding provisions of this Act and of the rules of court. 6A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act. [Section 6A inserted: No. 20 of 2013 s. 135.] Part II — Constitution of the Supreme Court 6. Supreme Court of Western Australia (1) The previously established court called the Supreme Court of Western Australia continues in existence for the State of Western Australia. (2) The Court is a superior court of record. (3) The Court consists of — (a) any judge holding office under an appointment made under section 7A(1); and (b) any acting judge holding office under an appointment made under section 11; and (c) any auxiliary judge holding office under an appointment made under section 11AA; and (d) any commissioner holding office under an appointment made under section 49; and (e) any master holding office under an appointment made under section 11A; and (f) any acting master holding office under an appointment made or deemed to have been made under section 11D. [Section 6 inserted: No. 45 of 2004 s. 5(1) 3.] 7. Divisions of the Court (1) The exercise of the Court's jurisdiction is divided between — (a) the General Division; and (b) the Court of Appeal. (2) The General Division consists of — (a) the Chief Justice; and (b) each other judge who is not either the President or a judge of appeal; and (c) any judge of appeal who under section 10C is approved to sit in the General Division; and (d) any acting judge holding office under an appointment made under section 11; and (e) any auxiliary judge holding office under an appointment made under section 11AA; and (f) any commissioner holding office under an appointment made under section 49; and (g) any master holding office under an appointment made under section 11A; and (h) any acting master holding office under an appointment made or deemed to have been made under section 11D. (3) The Court of Appeal consists of — (a) the Chief Justice; and (b) the President; and (c) each other judge of appeal; and (d) any other judge, and any acting judge or auxiliary judge, who under section 10B(1) or (2) is authorised to act as a judge of appeal. (4) The General Division exercises all of the jurisdiction of the Supreme Court other than the jurisdiction referred to in section 58(1). (5) The Chief Justice is the principal judicial officer of the Supreme Court including the Court of Appeal. (6) Subject to the Chief Justice's directions, the President is responsible for the administration of the Court of Appeal including its sitting dates. [Section 7 inserted: No. 45 of 2004 s. 5(1) 3.] 7A. Appointment of judges, judges of appeal, Chief Justice and President (1) The Governor may appoint a duly qualified person to be a judge of the Supreme Court. (2) The Governor may appoint as many judges of the Supreme Court as are needed to deal with the workload of the Supreme Court. (3) The Governor may appoint a judge of the Supreme Court to be also a judge of appeal. (4) The Governor may appoint as many judges of appeal as are needed to deal with the workload of the Court of Appeal. (5) The Governor may appoint one of the judges of the Supreme Court to be also the Chief Justice of Western Australia. (6) The Governor may appoint one of the judges of appeal to be also the President of the Court of Appeal. (7) A person cannot hold both the office of Chief Justice and the office of President. (8) A person who does not hold the office of judge cannot be appointed to be, and cannot hold the office of, Chief Justice, President or judge of appeal. (9) A person may be appointed as the Chief Justice at the time of being appointed as a judge or afterwards. (10) A person may be appointed as the President or as a judge of appeal at the time of being appointed as a judge or afterwards. (11) The appointment of a judge, a judge of appeal, the Chief Justice, or the President, is to be by a commission under the Public Seal of the State issued by the Governor. [Section 7A inserted: No. 45 of 2004 s. 5(1) 3.] 8. Qualification of judges and acting judges (1) A person is eligible for appointment as a judge of the Court if that person is a lawyer and has had not less than 8 years' legal experience. (2) A person is eligible for appointment as an acting judge of the Court if that person is, or has retired as — (a) a judge of the Supreme Court of another State, or Territory; or (b) a judge of the Federal Court of Australia. [Section 8 inserted: No. 3 of 1996 s. 5; amended: No. 65 of 2003 s. 119(4); No. 21 of 2008 s. 709(4).] 9. Tenure of judges and oaths of office (1) All the judges of the Supreme Court shall hold their offices during good behaviour, subject to a power of removal by the Governor upon the address of both Houses of Parliament. (1a) All judges of appeal, the Chief Justice and the President shall hold their offices while they hold office as a judge, subject to section 9A(2), (3) and (4). (1b) A person cannot be removed from the office of judge of appeal or Chief Justice or President except by removing the person from the office of judge. [(2) deleted] [Section 9 amended: No. 65 of 2003 s. 130(3); No. 45 of 2004 s. 6; No. 24 of 2005 s. 29.] 9A. Resignation of judges (1) This section is in addition to and does not affect the operation of the Judges' Retirement Act 1937. (2) With the Governor's approval a person may resign from the office of Chief Justice, President, or judge of appeal, without resigning from the office of judge. (3) With the Governor's approval a person may resign from the office of President without resigning from the office of judge of appeal. (4) With the Governor's approval a person may resign from the office of Chief Justice without resigning from the office of judge of appeal. (5) A person who resigns from the office of President or judge of appeal without resigning from the office of judge may complete the hearing and determination of any appeal, application or proceeding that was pending before the person immediately before the resignation took effect. [Section 9A inserted: No. 45 of 2004 s. 7; amended: No. 5 of 2008 s. 117.] 9B. Seniority of judges and masters (1) Judges in the General Division have seniority according to the following order — (a) the Chief Justice; (b) the other judges, excluding the judges of appeal, according to the dates of their commissions of appointment as judges. (2) Judges of appeal have seniority according to the following order — (a) the Chief Justice; (b) the President; (c) the other judges of appeal according to the dates of their commissions of appointment as judges of appeal. (3) Masters have seniority according to the dates of their commissions of appointment as masters. (4) If 2 or more persons receive commissions dated the same day, their seniority as between them is to be determined — (a) according to the dates on which they begin in office; or (b) if they are to begin in office on the same day, by the Governor when appointing them. (5) For the purposes of any other written law or any matter connected with the administration of the State, the seniority of judges is to be determined under subsections (1) and (4). [Section 9B inserted: No. 45 of 2004 s. 7.] 10. Acting Chief Justice (1) During any vacancy in the office of Chief Justice, or when and so often as the Chief Justice is absent on leave or in consequence of sickness, or for any reason is temporarily unable to perform the duties of his office, then where no judge is specifically appointed by a commission issued under subsection (3) to act in the office of Chief Justice, all the duties and powers of the Chief Justice shall during such vacancy, absence, or inability devolve upon the senior judge in the General Division. (2) In the case of the absence or inability of the judge upon whom the powers and duties of the Chief Justice devolve under subsection (1), such powers and duties shall during such absence or inability devolve upon the judge in the General Division who is next in seniority. (3) Where the office of Chief Justice is vacant or the Chief Justice is, or is expected to be, absent or for any reason unable to perform the duties of his office, the Governor by commission under the Public Seal of the State may appoint a judge to act in the office of Chief Justice for such period as the Governor thinks fit and specifies in the commission. [Section 10 inserted: No. 7 of 1982 s. 4; amended: No. 37 of 1989 s. 10; No. 45 of 2004 s. 8.] 10A. Acting President (1) During any vacancy in the office of President, or when and so often as the President is absent on leave or in consequence of sickness, or for any reason is temporarily unable to perform the duties of his office, all the duties and powers of the President shall during such vacancy, absence, or inability devolve upon the senior judge of appeal other than the Chief Justice. (2) In the case of the absence or inability of the judge of appeal upon whom the powers and duties of the President devolve under subsection (1), such powers and duties shall during such absence or inability devolve upon the judge of appeal who is next in seniority. (3) Where the office of President is vacant or the President is, or is expected to be, absent or for any reason unable to perform the duties of his office, the Governor by commission under the Public Seal of the State may appoint a judge of appeal to act in the office of President for such period as the Governor thinks fit and specifies in the commission. [Section 10A inserted: No. 45 of 2004 s. 9.] 10B. Acting judges of appeal (1) If the Chief Justice and the President agree that the Court of Appeal needs an acting judge of appeal, the Chief Justice in writing may authorise a judge, acting judge, or auxiliary judge, who is willing to do so, to act as a judge of appeal for a period specified in the authorisation of not more than 6 months. (2) If — (a) the Chief Justice and the President agree that a particular judge, acting judge or auxiliary judge should act as a judge of appeal in a particular proceeding before the Court of Appeal; and (b) the particular judge, acting judge or auxiliary judge is willing to do so, the Chief Justice in writing may authorise the judge, acting judge, or auxiliary judge to do so. (3) A judge, acting judge, or auxiliary judge who is authorised to act as a judge of appeal under this section has the same powers and may exercise the same jurisdiction as a judge of appeal. (4) An acting judge of appeal may complete any proceeding that is pending before him as an acting judge of appeal immediately before he ceases to be an acting judge of appeal. [Section 10B inserted: No. 45 of 2004 s. 10.] 10C. Judge of appeal may sit in General Division if approved A judge of appeal may sit in the General Division with the prior approval of the Chief Justice given after consulting the President. [Section 10C inserted: No. 45 of 2004 s. 10.] 11. Acting judges (1) Where a judge is, or is expected to be, absent from duty the Governor by commission under the Public Seal of the State may appoint a person, who is qualified to be appointed a judge or an acting judge, as an acting judge for the period during which the judge is absent from duty, and the appointment of the acting judge authorises him to complete the hearing and determination of any proceedings that may be pending before him at the expiration of that period so that he holds an appointment as an acting judge during any further period while he is completing such hearing and determination. (2) When for any reason the conduct of the business of the Court requires, in the opinion of the Governor, the appointment of an acting judge or there is a vacancy in the office of a judge (other than that of the Chief Justice), the Governor by commission under the Public Seal of the State may appoint a person, who is qualified to be appointed a judge or an acting judge, to be an acting judge until the expiry of the period of that appointment or until the filling of that vacancy, as the case requires, and the appointment of the acting judge authorises him or her to complete the hearing and determination of any proceedings that may be pending before him or her at that expiry or filling so that he or she holds an appointment as an acting judge during any further period while he or she is completing that hearing and determination. (3) Every acting judge shall be liable to be removed from office in such manner and upon such grounds as judges of the Supreme Court are liable to be removed from office. [Section 11 inserted: No. 57 of 1975 s. 4; amended: No. 37 of 1989 s. 6 and 10; No. 3 of 1996 s. 6; No. 23 of 1997 s. 21; No. 24 of 2005 s. 30.] 11AA. Auxiliary judges (1) When for any reason the conduct of the business of the Court requires, in the opinion of the Governor, the appointment of an auxiliary judge, the Governor may by commission under the Public Seal of the State appoint a person — (a) who would, but for the fact that he or she has attained the age referred to in section 3 of the Judges' Retirement Act 1937, be qualified to be appointed a judge or an acting judge; or (b) who is a retired judge or a retired District Court judge but has not yet attained that age, to be an auxiliary judge for such period not exceeding 12 months as is specified in that commission. (2) The appointment of an auxiliary judge under subsection (1) authorises him or her to complete the hearing and determination of any proceedings that may be pending before him or her at the expiry of — (a) the period of his or her appointment; or (b) any period of extension referred to in subsection (3), so that he or she holds an appointment as an auxiliary judge during any further period while he or she is completing that hearing and determination. (3) An appointment made under subsection (1) may be extended by the Governor by commission under the Public Seal of the State for a further period or periods, but that appointment can only be extended on any one occasion for such period not exceeding 12 months as is specified in the relevant commission. (4) A person appointed to be an auxiliary judge under subsection (1) — (a) has the same powers and may exercise the same jurisdiction as a judge; and [(b) deleted] (c) is liable to be removed from office in such manner and upon the same grounds as a judge is liable to be removed from office. (5) In subsection (1)(b), the reference to a retired judge or a retired District Court judge includes a reference to a person who has resigned from his or her office as — (a) a judge; or (b) a District Court judge. [Section 11AA inserted: No. 23 of 1997 s. 22; amended: No. 24 of 2005 s. 31.] 11A. Masters (1) The Governor by commission under the Public Seal of the State may appoint one or more persons each having the necessary qualification to be a master of the Supreme Court. (2) The qualification of a person for appointment as a master of the Supreme Court shall be that he — (a) is or has been a lawyer and has had not less than 5 years' legal experience; or (b) is a lawyer, and who for a period of not less than 2 years has held office as the Principal Registrar or the Court of Appeal Registrar or as a registrar or deputy registrar of the Court. (2a) For the purposes of subsection (2)(a), legal experience is — (a) standing and practice as a legal practitioner; or (b) judicial service elsewhere in a common law jurisdiction; or (c) a combination of both kinds of legal experience defined in this subsection. (3) Subject to the Judges' Retirement Act 1937, a master of the Supreme Court shall hold office during good behaviour but the Governor may, upon the address of both Houses of Parliament, remove a master from office and revoke his commission. [Section 11A inserted: No. 67 of 1979 s. 6; amended: No. 47 of 1983 s. 3 and 13; No. 37 of 1989 s. 10; No. 25 of 1990 s. 3; No. 65 of 2003 s. 69(3)‑(5); No. 45 of 2004 s. 11; No. 24 of 2005 s. 32; No. 21 of 2008 s. 709(5) and (6); No. 47 of 2011 s. 27.] 11B. Master, terms of appointment of (1) A master — (a) subject to the provisions of this section and to the Salaries and Allowances Act 1975, is entitled to such conditions of service as are determined by the Governor from time to time; and (b) may hold office as such in conjunction with any other office, appointment, duty or function which the Governor shall deem not incompatible; and (c) except in the performance of the functions or duties of his office or with the approval of the Governor, shall not engage in legal practice, or be directly or indirectly concerned in such practice, or engage in any other paid employment. (2) Where a master was, immediately before his appointment as such, an officer of the Public Service of the State — (a) he retains his existing and accruing rights and in particular his rights, if any, under the Superannuation and Family Benefits Act 1938 4; and (b) for the purpose of determining those rights, his service as master shall be taken into account as if it were service in the Public Service of the State; and (c) he may continue to be a contributor for the purposes of, as though he were deemed to be an employee within the meaning of, the Superannuation and Family Benefits Act 1938 4 notwithstanding his appointment as master under section 11A. (3) The provisions of the Judges' Salaries and Pensions Act 1950 that relate to pensions and allowances, other than section 15, apply with such modifications as circumstances require, to and in respect of a master, and to and in respect of a surviving spouse, de facto partner or child of a master after the master's death, in the same manner as they apply to and in respect of a judge to whom that Act applies, and to a surviving spouse, de facto partner or child of such a judge after the judge's death. (3a) Where subsection (2) applies to and in respect of a person so that, under the Superannuation and Family Benefits Act 1938 4, a pension is payable to and in respect of him, the payment of that pension does not affect any pension that may be payable to and in respect of him under the Judges' Salaries and Pensions Act 1950, but the pension otherwise payable under that Act to and in respect of him shall be reduced in accordance with the provisions of that Act by the amount of the State share of the first‑mentioned pension. [Section 11B inserted: No. 67 of 1979 s. 6; amended: No. 47 of 1983 s. 4 and 13; No. 82 of 1987 s. 8; No. 37 of 1989 s. 7; No. 28 of 2003 s. 198; No. 45 of 2004 s. 12; No. 21 of 2008 s. 709(7).] [11C. Deleted: No. 74 of 2004 s. 13.] 11D. Acting masters (1) While — (a) there is no person holding or acting in the office of master; or (b) there is one person holding or acting in the office of master but, as a consequence of absence on leave, sickness or any other reason, that person is temporarily unable to perform the duties of his office; or (c) there are 2 or more persons holding or acting in the office of master but, as a consequence of absence on leave, sickness or any other reason, at least one of those persons is temporarily unable to perform the duties of his office, and no other person is specifically appointed to act in the office of master by a commission issued under subsection (2), the person holding or for the time being acting in the office of Principal Registrar, if qualified to be appointed to the office of master, is deemed to be so appointed and all the duties and powers of a master devolve upon him, but are not exercisable by him in conjunction with his duties and powers as a registrar. (2) Where — [(a) deleted] (b) a master is, or is expected to be, absent or for any reason unable to perform the duties of his office; or (c) for any reason the conduct of the business of the Court, in the opinion of the Governor, requires the appointment of an acting master, the Governor by commission under the Public Seal of the State may appoint a person, who is qualified to be appointed to the office of master, to be an acting master on such terms and conditions and for such period as the Governor thinks fit and specifies in the commission. (3) An appointment of a person to be an acting master pursuant to subsection (2) may be made on other than a full‑time basis. (4) Where immediately prior to the expiration of the period of an appointment made or deemed to have been made pursuant to this section there remained proceedings pending before the acting master, the appointment of the acting master authorises him to complete the hearing and determination of those proceedings so that he holds an appointment as acting master while he is completing that hearing and determination. [Section 11D inserted: No. 67 of 1979 s. 6; amended: No. 3 of 1982 s. 3; No. 47 of 1983 s. 5 and 13; No. 37 of 1989 s. 10; No. 23 of 1997 s. 23.] 11E. References to master in other Acts (1) Subject to subsection (2), where by or under the provisions of any Act, being provisions in force immediately prior to the coming into operation of the Acts Amendment (Master, Supreme Court) Act 1979, it is provided that an act of a procedural, administrative, or ministerial nature shall or may be done by, or in relation to, the master that act shall or may, as the case requires, be done by, or in relation to, the Principal Registrar. (2) Subsection (1) does not apply to or in relation to — (a) the Administration Act 1903; or [(b), (c) deleted] (d) this Act; or (e) any other Act which by rules of court is prescribed as an Act to which the provisions of that subsection do not apply. (3) Where by or under any Act it is provided that costs shall or may be taxed by the master or the taxing master of the Supreme Court, those costs shall or may, as the case requires, be taxed by the taxing officer of the Court. (4) Unless the context otherwise requires, a reference in any other Act or in any regulation, rule, local law, by‑law, notice, proclamation or other statutory instrument made, published or in force under this Act or any other Act to the master shall be read and construed as a reference to a master. [Section 11E inserted: No. 67 of 1979 s. 6; amended: No. 47 of 1983 s. 6; No. 14 of 1996 s. 4; No. 69 of 1996 s. 89; No. 8 of 2009 s. 9.] 12. Judge or master may act in cases of rates etc. even if a ratepayer etc. (1) A judge or a master shall not be incapable of acting in his judicial office in any proceeding by reason of his being as one of several ratepayers or as one of any other class of persons, liable, in common with others, to contribute to or to be benefited by any rate or tax which may be increased, diminished, or in any way affected by that proceeding. (2) In this section the expression rate or tax means any rate, tax, duty, or assessment whether public, general or local, and also any fund formed from the proceeds of any such rate, tax, duty or assessment, or applicable to the same or like purposes to which any such rate, tax, duty or assessment might be applied. [Section 12 amended: No. 67 of 1979 s. 7; No. 47 of 1983 s. 13.] 13. Oath of office Before a person who is appointed to an office referred to in section 6(3), or to the office of judge of appeal, Chief Justice or President, performs any function of the office, he or she shall take before the Governor, or some person authorised for the purpose by the Governor, an oath or affirmation in the form set out in the Second Schedule. [Section 13 inserted: No. 24 of 2005 s. 33.] [14. Deleted: No. 35 of 1950 s. 4.] 15. Seal of Supreme Court (1) The Supreme Court shall have and use, as occasion may require, a seal bearing a device and impression of the armorial bearings of the State, with an exergue or label surrounding the same, with the inscription, "The Seal of the Supreme Court of Western Australia", and such other seals as are recommended by the Chief Justice and approved by the Attorney General. (2) The judges of the Supreme Court may make rules of court providing for the custody and use of any seal referred to in subsection (1) and the purposes for or occasions on which a seal so referred to may be used. [Section 15 amended: No. 63 of 1957 s. 2; No. 65 of 2003 s. 130(4).] Part III — Jurisdiction and law Division 1 — Jurisdiction [Heading inserted: No. 19 of 2010 s. 44(2).] 16. General jurisdiction (1) Subject as otherwise provided in this Act, and to any other enactment in force in this State, the Supreme Court — (a) is invested with and shall exercise such and the like jurisdiction, powers, and authority within Western Australia and its dependencies as the Courts of Queen's Bench, Common Pleas, and Exchequer, or either of them, and the judges thereof, had and exercised in England at the commencement of the Supreme Court Ordinance 1861 5; and (b) shall be at all times a court of oyer and terminer and general gaol delivery in and for Western Australia and its dependencies; and (c) is authorised, empowered, and required to take cognizance of and hold all pleas and all manner of causes, suits, actions, pleas of the Crown, prosecutions, and informations, whether civil, criminal, or mixed, with the same and as full power within Western Australia and its dependencies to hear, judge, determine, and execute therein, as the Courts of Queen's Bench, Common Pleas, and Exchequer, and as justices of oyer and terminer and general gaol delivery, had in England at the commencement of the Supreme Court Ordinance 1861 5, and as shall be necessary for carrying into effect the several jurisdictions, powers, and authorities committed to the Court, and shall adjudge and determine in all and every the same matters according to the laws and statutes of the realm of England in force in Western Australia, the laws and statutes of Western Australia, and the Acts of the Commonwealth of Australia; and (d) shall be a court of equity, with power and authority within Western Australia and its dependencies — (i) to administer justice, and to do, exercise, and perform all acts, matters, and things necessary for the due execution of such equitable jurisdiction as, at the commencement of the Supreme Court Ordinance 1861 5, the Lord Chancellor of England could or lawfully might have done within the realm of England in the exercise of the jurisdiction to him belonging; and (ii) to appoint guardians and committees of the persons and estates of infants, lunatics, and persons of unsound mind according to the order and course observed in England, and for that purpose to inquire into, hear, and determine by inspection of the person the subject of inquiry, or by examination on oath or otherwise of the party in whose custody or charge such person is, or of any other person or persons, or by such other ways and means by which the truth may be best discovered, and to act in all such cases as fully and amply to all intents and purposes as the said Lord Chancellor or the grantee from the Crown of the persons and estates of infants, lunatics, and persons of unsound mind might lawfully have done at such date. (2) There shall be vested in the Supreme Court and the judges thereof all original and appellate jurisdiction which, under and by virtue of any statute which came into force in Western Australia after the commencement of the Supreme Court Act 1880 6, and is not repealed, was immediately before the commencement of this Act vested in or capable of being exercised by the Court or a judge thereof, and such other jurisdiction as by and under this Act or any subsequent statute or otherwise is conferred on or vested in the Court and the judges thereof. (3) The jurisdiction vested in the Court and the judges thereof shall include all ministerial powers, duties, and authorities incident to any and every part of such jurisdiction. [Section 16 amended: No. 73 of 1948 s. 3; No. 14 of 1991 s. 4.] 17. Court may transfer case to lower court (1) In this section — lower court means the District Court or the Magistrates Court. (2) If an action or matter in the Court — (a) is within a lower court's jurisdiction; or (b) becomes within a lower court's jurisdiction because the claim in the action or matter is reduced by a payment into court, an admitted set‑off, a judgment on part of the claim, or otherwise; or (c) becomes within a lower court's jurisdiction because the jurisdiction of the lower court is increased, the Court may order that the action or matter be transferred to the lower court. (3) An order under subsection (2) may be made on the application of a party to the action or matter or by the Court on its own initiative. (4) If the Court makes an order under subsection (2) it may also make any other necessary orders including orders as to — (a) the registry of the lower court in which the action or matter is to be conducted; and (b) the payment of fees in the lower court; and (c) the costs in the action or matter that relate to proceedings in the Court. (5) If the Court makes an order under subsection (2) the Principal Registrar is to send the Court's file to the registry of the lower court in which the action or matter is to be conducted. (6) The lower court to which an action or matter is transferred under an order made under subsection (2) is to deal with the action or matter as if it had been commenced in that court. [Section 17 inserted: No. 59 of 2004 s. 126.] 18. Probate jurisdiction The Supreme Court shall have voluntary and contentious probate jurisdiction and authority in relation to the granting or revoking of probate of wills and letters of administration of all real and personal estate whatsoever within Western Australia and its dependencies of any deceased person; and all such powers and authorities in respect of such jurisdiction as were given to the Court by the Administration Act 1903, and any other Act in force in Western Australia immediately before the commencement of this Act, with authority to hear and determine all questions relating to testamentary causes and matters. [19. Deleted: No. 73 of 1948 s. 3.] 20. Appellate jurisdiction (1) The Supreme Court has jurisdiction to hear and determine any application, or any appeal, whether by case stated or otherwise, that the Court or a judge is empowered by a written law to hear and determine. (2) Any such application or appeal must be heard and determined subject to the written law concerned. [Section 20 inserted: No. 45 of 2004 s. 15.] 21. Jurisdiction to be exercised according to this Act and rules of court (1) Except as otherwise provided by this Act, all jurisdiction, whether original or appellate, which immediately before the commencement of this Act was vested in or capable of being exercised by the Court, or by any one or more of the judges thereof sitting in court or chambers, or elsewhere when acting as judges, or a judge, by, under, or by virtue of any Imperial Act or any Act of the Parliament of Western Australia, shall (notwithstanding that the same was conferred by an Imperial Act or an Act of the Parliament of Western Australia repealed by this Act) be exercised, so far as regards procedure and practice, in the manner provided by this Act and the rules of court; but where no provision, or no appropriate provision, as to the exercise of any such jurisdiction is contained in this Act or in the rules of court, such jurisdiction shall be exercised as nearly as may be in the same manner as the same might have been exercised if this Act had not passed, or in such manner as the Court or a judge may in each case direct. (2) Except as is otherwise provided by this Act, and subject to the provisions of any Commonwealth Act, all the jurisdiction whether original or appellate, which immediately before the commencement of this Act was vested in or capable of being exercised by the Court, or any one or more of the judges thereof sitting in court or chambers, or elsewhere when acting as judges, or a judge by, under, or by virtue of any Commonwealth Act, shall be exercised so far as regards procedure and practice in the manner provided by the rules of court; but where no provision as to the exercise of such jurisdiction is contained in this Act or the rules of court, such jurisdiction shall be exercised as nearly as may be in the same manner as the same might have been exercised if this Act had not passed. (3) Any jurisdiction, whether original or appellate, which is conferred on or vested in the Court, or any one or more of the judges thereof sitting in court or chambers, or elsewhere when acting as judges, or a judge, after the commencement of this Act (whether by statute or otherwise), shall (except as otherwise provided by any such statute) be exercised (so far as regards procedure and practice) in the manner provided by this Act and the rules of court; or if no provision, or no appropriate provision, as to the exercise of any such jurisdiction is contained in this Act or in the rules of court, then such jurisdiction shall be exercised in such form, mode, and manner as the Court or a judge may from time to time direct. (4) Where any statute passed after the commencement of this Act, or any order, rule, regulation, or other instrument made under or by virtue of any such statute confers any jurisdiction, whether original or appellate, on the Court or on the Court or a judge thereof, such jurisdiction shall (except as otherwise provided by any such statute) be exercised so far as regards procedure and practice in the manner directed by subsection (3). [Section 21 amended: No. 14 of 1991 s. 4.] 22. Saving of former procedure (1) Save as is otherwise provided by this Act or by the rules of court, all forms and methods of procedure which, under or by virtue of any law, custom, general order, or rules whatsoever, were formerly in force in the Supreme Court, and which are not inconsistent with this Act or with the rules of court, may continue to be used and practised in the Supreme Court in the like cases and for the like purposes, as those in and for which they would have been applicable if this Act had not been passed. (2) Subject to the Criminal Procedure Act 2004 and rules of court made under that Act that apply to the Supreme Court, the practice and procedure in all criminal causes and matters whatsoever in the Supreme Court shall be the same as the practice and procedure in force at the commencement of this Act in relation to similar causes and matters. [Section 22 amended: No. 84 of 2004 s. 72.] 23. Supreme Court authorised to perform certain acts required to be performed by courts in England Where any Act of Parliament in force in England on 1 June 1829, and applicable to Western Australia, or any Act of Parliament adopted and directed to be applied in Western Australia, authorises and directs any proceeding, act, matter, or thing to be had, done, performed, or executed by or before Her Majesty's Courts at Westminster, or the respective judges thereof, or by or before the Lord Chancellor or any Equity Judge, in the administration of justice, every such proceeding, act, matter, and thing, subject to any express enactment to the contrary and to any rules of court for the time being in force, shall be, and the same is hereby authorised and directed to be had, done, executed, and performed by the Supreme Court and the judges thereof in like manner as if the same had been in and by such Act of Parliament expressly authorised and directed to be had, done, executed, and performed by the said Supreme Court or the judges thereof. Division 2 — Law and equity [Heading inserted: No. 19 of 2010 s. 44(2).] 24. Law and equity to be concurrently administered (1A) Subject to the express provisions of any other Act, in every civil cause or matter commenced in the Supreme Court, law and equity shall be administered by the Court according to the rules set out in subsections (1) to (7). (1) If any plaintiff or petitioner claims to be entitled to any equitable estate or right, or to relief upon any equitable ground against any deed, instrument, or contract, or against any right, title, or claim whatsoever asserted by any defendant or respondent in such cause or matter, or to any relief founded upon a legal right, which before the commencement of the Supreme Court Act 1880 6 could only have been given by a court of equity, the Court, and every judge thereof, shall give to such plaintiff or petitioner such and the same relief as ought to have been given by the Court in its equitable jurisdiction in a suit or proceeding for the same or the like purpose properly instituted before the commencement of the said Act. (2) If any defendant claims to be entitled to any equitable estate or right or to relief upon any equitable ground against any deed, instrument, or contract, or against any right, title or claim asserted by any plaintiff or petitioner in such cause or matter, or alleges any ground of equitable defence to any claim of the plaintiff or petitioner in such cause or matter, the Court, and every judge thereof, shall give to every equitable estate, right, or ground of relief so claimed, and to every equitable defence so alleged, such and the same effect, by way of defence against the claim of such plaintiff or petitioner, as the Court in its equitable jurisdiction ought to have given if the same or the like matters had been relied on by way of defence in any suit or proceeding instituted by the Court for the same or the like purpose before the commencement of the Supreme Court Act 1880 6. (3) The Court, and every judge thereof, shall have power to grant to any defendant in respect of any equitable estate or right, or other matter of equity, and also in respect of any legal estate, right, or title claimed or asserted by him — (a) all such relief against any plaintiff or petitioner as such defendant shall have properly claimed, by his pleading, and as the Court, or any judge thereof, might have granted in any suit instituted for that purpose by the same defendant against the same plaintiff or petitioner; and (b) all such relief relating to or connected with the original subject of the cause or matter, and in like manner claimed against any other person, whether already a party to the same cause or matter or not, who shall have been duly served with notice in writing of such claim pursuant to any rule of court or any order of the Court, as might properly have been granted against such person if he had been made a defendant to a cause duly instituted by the same defendant for the like purpose. (3A) Every person served with any such notice as mentioned in subsection (3)(b) shall thenceforth be deemed a party to such cause or matter, with the same rights in respect of his defence against such claim, as if he had been duly sued in the ordinary way by such defendant. (4) The Court, and every judge thereof, shall recognize and take notice of all equitable estates, titles, and rights, and all equitable duties and liabilities appearing incidentally in the course of any cause or matter, in the same manner in which the Court in its equitable jurisdiction would have recognized and taken notice of the same in any suit or proceeding duly instituted therein before the commencement of the Supreme Court Act 1880 6. (5) No cause or proceeding at any time pending in the Supreme Court shall be restrained by prohibition or injunction; but every matter of equity on which an injunction against the prosecution of any such cause or proceeding might have been obtained, if the Supreme Court Act 1880 6 had not been passed, either unconditionally or on any terms or conditions, may be relied on by way of defence thereto. (5A) However — (a) nothing in this Act shall disable the Court, if it thinks fit, from directing a stay of proceedings in any cause or matter pending before it; and (b) any person, whether a party or not to any such cause or matter, who would have been entitled, if the Supreme Court Act 1880 6 had not been passed, to apply to any court to restrain the prosecution thereof, or who may be entitled to enforce, by attachment or otherwise, any judgment, decree, rule, or order, contrary to which all or any part of the proceedings in such cause or matter may have been taken, may apply to the Court, by motion in a summary way, for a stay of proceedings in such cause or matter, either generally or so far as may be necessary for the purposes of justice; and the Court shall thereupon make such order as shall be just. (6) Subject to the foregoing provisions for giving effect to equitable rights and other matters of equity, and to the other express provisions of this Act, the Court, and every judge thereof, shall recognize and give effect to all legal claims and demands, and all estates, titles, rights, duties, obligations, and liabilities existing by the common law or by any custom, or created by any statute, in the same manner as the same would have been recognized and given effect to if the Supreme Court Act 1880 6 had not been passed in any branch of its jurisdiction, or by the Court for Divorce and Matrimonial Causes. (7) The Court, in the exercise of the jurisdiction vested in it by this Act, in every cause or matter pending before it, shall have power to grant, and shall grant, either absolutely or on such reasonable terms and conditions as shall seem just, all such remedies whatsoever as any of the parties thereto may appear to be entitled to in respect of any and every legal or equitable claim properly brought forward by them in such cause or matter; so that, as far as possible, all matters so in controversy between the parties may be completely and finally determined, and all multiplicity of legal proceedings concerning any of such matters avoided. [Section 24 amended: No. 19 of 2010 s. 51.] Division 3 — Miscellaneous rules of law [Heading inserted: No. 19 of 2010 s. 44(2).] 25. Rules of law upon certain points (1) The law to be administered as to the matters in this section mentioned shall, unless the contrary is expressly provided by some other enactment, be as set out in subsections (6) to (12). [(2)‑(5) repealed] (6) No action shall be open to objection on the ground that a merely declaratory judgment is sought thereby, and it shall be lawful for the Court to make binding declarations of right without granting consequential relief. [(7), (8) deleted] (9) A mandamus or an injunction may be granted, or a receiver appointed, by an interlocutory order of the Court or a judge in all cases in which it shall appear to the Court or a judge to be just or convenient that such order should be made; and any such order may be made either unconditionally or upon such terms and conditions as the Court or judge shall think just; and if an injunction is asked, either before or at, or after the hearing of any cause or matter, to prevent any threatened or apprehended waste or trespass, such injunction may be granted, if the Court or a judge shall think fit, whether the person against whom such injunction is sought is, or is not, in possession under any claim of title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under any colour of title; and whether the estates claimed by both or by either of the parties are legal or equitable. (10) In all cases in which the Court entertains an application for an injunction against a breach of any covenant contract or agreement, or against the commission or continuance of any wrongful act, or for the specific performance of any covenant contract or agreement, the Court may, if it thinks fit, award damages to the party injured, either in addition to or in substitution for such injunction or specific performance, and such damages may be assessed in such manner as the Court directs. (10A) Nothing in subsection (10) shall limit or affect the jurisdiction or powers which the Court has apart from that subsection. (11) Subject to the express provisions of any other Act, in questions relating to the custody and education of infants, the rules of equity shall prevail. (12) Generally (subject to the express provision of any other Act), in all matters not hereinbefore particularly mentioned, in which there was, before the passing of the Supreme Court Act 1880 6, any conflict or variance between the rules of equity and the rules of the common law with reference to the same matter, the rules of equity shall prevail. [Section 25 amended: No. 32 of 1969 s. 4; No. 10 of 1982 s. 28; No. 72 of 1984 s. 10 7; No. 20 of 2005 s. 17; No. 19 of 2010 s. 51.] 26. Liability for damage to property due to fault of 2 or more vessels (1) Where by fault of 2 or more vessels, damage or loss is caused to one or more vessels, to their cargoes or freight, or to any property on board, the liability to make good the damage or loss shall be in proportion to the degree in which each vessel was in fault. (1A) If, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally. (2) Nothing in this section shall operate so as to render any vessel liable to any loss or damage to which her fault has not contributed. (3) Nothing in this section shall affect the liability of any person under a contract of carriage or any contract, or shall be construed as imposing any liability upon any person from which he is exempted by any contract, or by any provision of law, or as affecting the right of any person to limit his liability in manner provided by law. (4) For the purposes of this section the expression freight includes passage money and hire, and references to damage or loss caused by the fault of a vessel shall be construed as including references to any salvage or other expenses consequent upon that fault recoverable at law by way of damages. (5) In this section, and sections 27 and 28, vessel includes any ship, boat, or any other description of vessel used for any purpose on the sea or in navigation. (6) Nothing in this section and the next succeeding sections shall affect the right of an owner of a vessel not itself in fault which has suffered damage or loss by reason of the fault of 2 or more other vessels, to recover his damage or loss from the owners of the vessels in fault jointly or severally. [Section 26 amended: No. 19 of 2010 s. 51; No. 47 of 2011 s. 27.] 27. Liability for loss of life etc. due to fault of 2 or more vessels (1) Where loss of life is or personal injuries are suffered by any person on board a vessel, owing to the fault of that vessel and of any other vessel or vessels, the liability of the owners of the vessels shall be joint and several. (2) Nothing in this section shall be construed as depriving any person of any right of defence on which, independently of this section, he might have relied in an action brought against him by the person injured or any person or persons entitled to sue in respect of such loss of life, or shall affect the right of any person to limit his liability in cases to which this section relates in the manner provided by law. 28. Right of contribution where liability for loss of life etc. due to fault of 2 or more vessels (1) Where loss of life is or personal injuries are suffered by any person on board a vessel owing to the fault of that vessel and any vessel or vessels, and a proportion of the damage is recovered against the owner of one of the vessels which exceeds the proportion in which she was in fault, he may recover by way of contribution the amount of the excess from the owners of the other vessels to the extent to which those vessels were respectively in fault. (1A) However, no amount shall be recovered which could not by reason of any statutory or contractual limitation of or exemption from liability, or which could not for any other reason, have been recovered in the first instance as damages by the persons entitled to sue therefor. (2) In addition to any other remedy provided by law, the persons entitled to any contribution as provided by subsection (1) shall, for the purposes of recovering the contributions, have, subject to the provisions of this Act, the same rights and powers as the persons entitled to sue for damages in the first instance. [Section 28 amended: No. 19 of 2010 s. 51.] [29. Deleted: No. 20 of 2005 s. 18(1).] 30. Sections 26 to 28 subject to Navigation Act 2012 (Cwlth) The provisions of sections 26, 27 and 28 shall be read and construed subject to the Navigation Act 2012 (Commonwealth). [Section 30 amended: No. 56 of 1974 s. 3; No. 20 of 2005 s. 19; No. 24 of 2023 s. 117.] [31. Deleted: No. 29 of 2018 s. 11.] 32. Pre‑judgment interest, Court may order (1) In any proceedings for the recovery of any money (including any debt or damages or the value of any goods), the Court may order that there shall be included, in the sum for which judgment is given, interest at such rate as it thinks fit on the whole or any part of the money for the whole or any part of the period between the date when the cause of action arose and the date when the judgment takes effect. (2) This section does not — (a) authorise the giving of interest upon interest; or (aa) apply in relation to any general damages in respect of pain and suffering or the loss of the enjoyment or of the amenities of life awarded in relation to personal injury or the death of a person; or (b) apply in relation to any debt upon which interest is payable as of right whether by virtue of any agreement or otherwise; or (c) affect the damages recoverable for the dishonour of a bill of exchange. (2a) In subsection (2)(aa) personal injury includes any disease and any impairment of a person's physical or mental condition. [Section 32 inserted: No. 47 of 1982 s. 3; amended: No. 50 of 1986 s. 6 8; No. 59 of 2004 s. 128.] 33. Judgments and orders, correction of If any judgment or order of the Court contains a clerical mistake or any error arising from an accidental slip or omission, the Court may correct the judgment or order without an appeal. [Section 33 inserted: No. 84 of 2004 s. 67.] 34. Rules of law in this Act to apply in all courts The several rules of law enacted and declared by this Act shall be in force and take effect in all courts whatsoever in Western Australia so far as the matters to which such rules relate shall be respectively cognizable by such courts. [35. Deleted: No. 59 of 2004 s. 128.] 36. Quo warranto Proceedings in quo warranto shall be deemed civil proceedings, whether for the purposes of appeal or otherwise. 37. Costs (1) Subject to the provisions of this Act and to the rules of court and to the express provisions of the Magistrates Court (Civil Proceedings) Act 2004, or any other Act, the costs of and incidental to all proceedings in the Supreme Court, including the administration of estates and trusts, shall be in the discretion of the Court or judge, and the Court or judge shall have full power to determine by whom or out of what estate, fund, or property, and to what extent such costs are to be paid. (2) Nothing in this section shall alter the practice in proceedings in relation to the prerogative and criminal jurisdiction of the Court. [Section 37 amended: No. 65 of 2003 s. 130(5); No. 59 of 2004 s. 128.] Part IV — Sittings and distribution of business Division 1 — Sittings and vacations [Heading inserted: No. 19 of 2010 s. 44(2).] 38. Court may sit at any time and at any place (1) The Supreme Court and judges thereof shall have power to sit and act at any time, and at any place, for the transaction of any part of the business of the Court or a judge, or for the discharge of any duty which by any statute or otherwise is required to be discharged. (2) Two or more sittings of the Court may be conducted at the same time. [Section 38 amended: No. 39 of 1971 s. 4; No. 45 of 2004 s. 16.] 39. Civil sittings in Perth Subject to the rules of court, civil sittings for the trial of causes and issues of fact in Perth shall, so far as reasonably practicable and subject to vacations, be held from time to time throughout the year by such judge or judges as the business to be disposed of may render necessary. 40. Criminal sittings in Perth Criminal sittings of the Court shall be held in Perth in each month. [Section 40 inserted: No. 39 of 1971 s. 5; amended: No. 110 of 1976 s. 2.] 41. Single judge to preside unless Court of Appeal to do so (1) All causes and matters within the jurisdiction of the Court which are not required by