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(1)The Acts mentioned in the First Schedule to the extent thereby expressed to be repealed are hereby repealed accordingly.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