CLAIMS
AGAINST THE COMMONWEALTH.
No. 21 of 1902.
An Act
to make temporary provision for enforcing claims against the Commonwealth.
[Assented
to 10th October, 1902.]
BE it
enacted by the King’s Most Excellent Majesty the Senate and the House of
Representatives of the Commonwealth of Australia as follows:—
Short
title.
1. This
Act may be cited as the Claims against
the Commonwealth Act 1902.
Appointment
of nominal defendant.
See N.S.W. 39 Vict. No. 38 sec. 2.
Vict.
No. 1080 sec. 20.
Qu. 29
Vict. No. 23 sec. 2.
S.A.
1853, No. 6 secs.1, 2.
Tas. 55
Vict. No. 24 sec. 4.
2.—(1.) Any person making any claim in contract or
in tort against the Commonwealth may set out the particulars of the claim in a
petition to the Governor-General praying him to appoint a nominal defendant on
behalf of the Commonwealth in the matter of the claim.
(2.) The Governor-General may if he thinks fit
appoint any person to be a nominal defendant accordingly.
Proceedings
against nominal defendant.
See
N.S.W. ib. sec. 3.
Qu. ib.
sec. 5.
3.—(1.) The petitioner may in respect of the claim
bring against the nominal defendant an action or suit at law or in equity in
the Supreme Court of the State in which the claim arose.
(2.) The rights of parties in the action or suit shall as nearly as
possible be the same, and judgment may be given and costs awarded on either
side, as in an ordinary case between subject and subject.
Nominal
defendant not to be individually liable.
See N.S.W. ib. sec. 4.
Vict.
ib. sec. 24.
Qu. ib.
sec. 6.
Tas.
ib. sec. 10.
4. The
nominal defendant shall not be individually liable in the action or suit in
respect of his person or property, and no execution or attachment, or process
in the nature thereof, shall issue against him.
Satisfaction
of judgment.
See Vict. ib. sec 25.
S.A.
ib. sec. 6.
Tas.
ib. sec. 11.
5.The Governor-General may
cause to be paid out of the Consolidated Revenue Fund, which is hereby
appropriated for the purpose, the amount of any damages and costs awarded to
the plaintiff, and may perform any decree or order made by the Court in the
action or suit.
Supreme
Court invested with federal jurisdiction.
6. The
Supreme Court of each State is hereby invested with federal jurisdiction for
the purpose of hearing and determining actions and suits brought under this
Act, and shall have that jurisdiction as a Court invested with federal
jurisdiction and not otherwise.
Postponement
of appeal.
7. In
any action or suit brought under this Act, any appeal, or application for leave
to appeal, from a decision of the Supreme Court of a State, which in the
opinion of the Attorney-General involves a constitutional question, or a
question of importance to the Commonwealth, shall on the application of the
Attorney-General be postponed until a time not later than the date of
expiration of this Act.
Duration
of Act.
8.