South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the context otherwise requires, or some other meaning is clearly
intended—
"court" means the Supreme Court of South Australia;
"cause" includes any action, suit, or other original proceeding between a
plaintiff and a defendant;
"defendant" includes every person served with any writ of summons or process
or served with notice of, or entitled to attend any proceeding;
"evidentiary material" means any document, object or substance of evidentiary
value in proceedings before the court and includes any document, object or
substance that should, in the opinion of the court, be produced for the
purpose of enabling the court to determine whether or not it has evidentiary
value;
"existing" means existing at the time of the passing of this Act;
"formerly", when used in relation to the courts or the law or practice in
England, means prior to the Supreme Court of Judicature Act 1873 and when
used in relation to the court or the law or practice in South Australia, means
before the passing of the Supreme Court Act 1878 ;
"Full Court" means the Supreme Court consisting of—
(a) not
less than three judges; or
(b) if
three judges are not available to sit in the Full Court, any two judges;
"judge" includes the Chief Justice and any puisne judge of the court;
"judgment" includes decree;
"jurisdiction" of the court includes powers and authorities (whether of a
judicial, ministerial or administrative nature) vested in the court, a judge,
or a master by law or custom;
"master" means a person holding the office of master of the court;
"matter" includes every proceeding in the court not in a cause;
"order" includes rule;
"parties" includes as well as the plaintiff and defendant in the action any
person not originally a party against whom any counterclaim is set up, or who
has been served with notice to appear under any of the rules of court; and
also every person served with notice of or attending any proceeding, although
not named on the record;
"plaintiff" means a person who brings any form of proceeding in the court
(other than an appeal)—
(a)
asserting a right to any form of relief against another; or
(b)
asking the court to exercise a power or discretion,
and includes a defendant making a claim against another by way of counterclaim
or third-party claim;
"pleading" includes any summons, and also the statement in writing of the
claim or demand of any plaintiff and of the defence of any defendant thereto,
and also any other matter by rules of court to be included
under the term "pleading";
"registrar" means a person holding, or acting in, the office of registrar of
the court;
"rules of court" includes forms;
"suit" includes action;
"suitors' funds" means moneys in the custody or charge of the court that have
been paid into the court for or on account of, or to the use or credit of, any
person in a cause or matter, and includes interest and accretions upon any
such moneys.
(2) Subject to the
rules of court, a reference in an Act, or in any regulation, by-law, or
instrument made under an Act, to the master or a deputy master of the court
shall—
(a)
where the reference occurs in connection with the performance of an act of a
judicial nature—be construed as a reference to a master; and
(b)
where the reference occurs in connection with the performance of an act of an
administrative nature—be construed as a reference to the registrar.