Crown Suits Act 1898 (WA)

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ANNO SEXAGESI MO SEGUNDO

VICTORIA] REGINA:.

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No.

AN ACT to facilitate the Protection and Recovery of Crown Property, and the Enforce- ment of Claims against the Crown.

[Assented to, 2gth October, IS'9e.]

the Legislative Assembly of Western Australia, in this presentBE it enacted by the Queen's Most Excellent Majesty, by andwith the advice and consent of the Legislative Council and

Parliament assembled, and by the authority of the same, as follows :-

1.    THIS Act may be cited as the Crown Suits Act, 1898, and Short title.

shall come into operation on the first day of January, One thousand Commencement.

eight hundred and ninety-nine.

2.

Tins Act is divided into parts, as follows:

Division of A et.

PART 1.—GENERAL SS. 3-7 :

PART [I.—RECOVERY OF DEBTS AND PROPERTY BY

THE CROWN: SS. 8-21:

PART III.—MODE OF ENFORCING CLAIMS AGAINST THE

CROWN : SS. 22-37.

62° VICTORUE, No. 9.

Crown Suits.

3.      IN this Act, unless the context otherwise indicates-

Definitions.

" Court " means the Supreme Court of the Colony of

Western Australia, or any Judge thereof :

" Crown " means Her present Majesty, and includes Her heirs and successors:

" Fine " shall include a penalty :

"Justice " means a Justice of the Peace:

" Law Officer " means the Attorney General, or the Crown

Solicitor, or some other person authorised by the

Attorney General.

Repeal.

4.

(r.) THE Acts mentioned in the First Schedule to this Act

First Schedule.

are hereby repealed.

Saving.

(2.) Such repeal shall not affect anything lawfully done or commenced under the Acts hereby repealed, or either of them.

(3.) All proceedings of whatever kind by or on behalf of or

Proceedings may be against the Crown commenced before the coming into operation of

continued, do.

this Act, and all rights accrued or liabilities incurred or proceed- ings for causes of action arising prior to the coming into operation of this Act may be enforced, continued, commenced, and prosecuted in like manner as if tins Act had not passed.

5. NOTHING in this Act contained shall

Crown rights

(l.) Prevent the Crown from commencing and taking pro-

preserved.

ceedings for the recovery of any debt, damages, duty,

Crown may take pro-

ceedings other than

sum of money, land, or goods in any court of competent

under this Act.

jurisdiction, which prior to the coming into operation of this Act could have been commenced and taken in any such court ;

Statutory and other

(2.) Interfere with or in any way restrict any privilege, power, which is vested in the Crown or any person on its behalf, in respect of all or any of the matters within the pro- visions of this Act ;

rights of Crown

or authority, whether conferred by statute or otherwise,

reserved.

Statutory immuni-

(3.) Affect or restrain any enactment whereby the Crown or liability for anything clone under or in pursuance of such enactment, or are subjected to any liability by such…

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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.