Crown Proceedings Act 1980 (Qld)

Crown Proceedings Act 1980

An Act to consolidate and amend the law relating to proceedings by or against the Crown and the recovery of certain debts due to the Crown and for related purposes

Part 1    Preliminary

1   Short title

This Act may be cited as the Crown Proceedings Act 1980.

5   Application

This Act applies to all proceedings instituted after the commencement of this Act and in respect of any claim made in respect of or based upon a cause of action whether arising before or after the commencement of this Act.

6   Crown bound

(1)This Act binds the Crown.

(2)Save as provided in sections 8 and 19, this Act has effect notwithstanding anything in any Act or enactment or rule of law, practice or procedure.

7   Interpretation

In this Act—

appeal includes a rehearing or review.

approved form see section 20.

court includes a tribunal.

Crown means the Crown in right of the State of Queensland and includes a corporation representing the Crown, constituted by or under any Act or incorporated or registered under the Corporations Act.

judgment includes any decree, order or award.

police service means the Queensland Police Service.

proceeding means any action, suit or proceeding of a civil nature.

proper officer, when used in relation to a court, means—

(a)in the case of the Supreme Court or the District Court—the registrar;

(b)in the case of a Magistrates Court—the clerk of the court.

Treasurer ...

Part 2    Proceedings by or against the Crown

8   Mode of proceeding

(1)Subject to this Act and any other Act or law, a claim by or against the Crown may be made and enforced by a proceeding by or against the Crown under the title the ‘State of Queensland’.

(2)This section does not apply to a claim by or against a corporation representing the Crown, constituted by or under any Act or incorporated or registered under the Corporations Act.

9   Procedure

(1)A proceeding by or against the Crown—

(a)shall be instituted in the court that would have jurisdiction if the proceeding were between subject and subject;

(b)shall be instituted and proceeded with in accordance with the procedure of the court specifically applicable thereto or, if there is no such procedure, as nearly as possible in accordance with the procedure applicable to a proceeding between subject and subject.

(2)In a proceeding by or against the Crown—

(a)the rights of parties including rights of appeal shall as nearly as possible be the same; and

(b)judgment may be given and costs awarded;

as in a proceeding between subject and subject.

(3)To remove any doubt, it is declared that this section does not require the Crown to comply with a provision (other than a procedural provision) of an Act or law that does not otherwise bind the Crown.

10   Nature of relief

In a proceeding by or against the Crown, the court shall, subject to this Act,…