Crown Proceedings Act 1958 (Vic)

Legislation au Victorian Legislation - Acts (VICLegAct) V I C T O R I A N L E G I S L A T I O N

Legislation content

Version No. 054

Crown Proceedings Act 1958

No. 6232 of 1958

Version incorporating amendments as at


25 March 2024

TABLE OF PROVISIONS

Section  Page

1Short title, commencement and division

2Repeal

2ADefinitions

Part I—Recovery of debts and property by the Crown

3Mode of recovering Crown debts

4Fines to be recoverable by judgment

5Recovery of moneys payable under forfeited recognisances

6Breach of bail

7Other debts and duties to be recoverable by Crown suit

8Bail bonds in Crown suits assignable

9Proceedings indorsed on writ may be taken

10Form of information

11Proceedings to be the same as in actions

12Persons may defend in forma pauperis

13Appeal for new trial etc.

14Suits relating to land or goods

15Execution in detinue and ejectment

16Execution in other cases

17Property of Crown debtors bound as property of subjects' debtors

18Title of the cause and costs of suit

Part II—Civil proceedings by and against the Crown

20Application to causes of action arising after 1 January 1956

21Definition

22In what courts proceedings to be taken by or against the Crown

23Liability of the Crown in contract

24Proceedings by Crown

25Rights of parties

26Certificate for payment of judgment by Crown

27Scope of this Part

Schedules

First Schedule

Second Schedule

Third Schedule

Seventh Schedule

Eighth Schedule

Ninth Schedule

═══════════════

Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 054

Crown Proceedings Act 1958

No. 6232 of 1958

Version incorporating amendments as at


25 March 2024

An Act to consolidate the Law relating to the Protection and Recovery of Crown Property and to Civil Proceedings by and against the Crown.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1Short title, commencement and division

This Act may be cited as the Crown Proceedings Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette, and is divided into Parts as follows:

Part I—Recovery of Debts and Property by the Crown ss 3–19

Part II—Civil Proceedings by and against the Crown ss 20–27.

2Repeal

(1)The Acts mentioned in the First Schedule to the extent thereby expressed to be repealed are hereby repealed accordingly.

(2)Except as in this Act expressly or by necessary implication provided—

(a)all persons things and circumstances appointed or created by or under either of the repealed Acts or existing or continuing under either of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;

(b)in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any rule summons writ proceeding information fiat certificate…

Continue reading Crown Proceedings Act 1958 (Vic)

Sign in free to access the full text

Citations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.