Crown Suits Act 1947 (WA)

Western Australia

Crown Suits Act 1947

Western Australia

Crown Suits Act 1947 Contents[if supportFields]> TOC \t "Heading 2,2,yScheduleHeading,2,yHeading 2,2,zHeading 2,3,zyScheduleHeading,3,zyHeading 2,3,Heading 3,4,yHeading 3,4,zHeading 3,5,zyHeading 3,5,Heading 4,6,yHeading 4,6,zHeading 4,7,zyHeading 4,7,Heading 5,8,yHeading 5,8,zHeading 5,9,zyHeading 5,9" \t "nHeading 2,2,nHeading 3,8" \n "2-7" \w \* MERGEFORMAT <![endif] — Short title3 — Term used: Crown4 — Application of this Act5 — Crown to sue and be sued as subject7 — Statutory rights preserved where already given8 — Joinder of Crown in proceedings between subject and subject9 — Same process available to Crown and subject10 — Method of recovering judgment against Crown11 — Writs of extent and 12 — Rules of CourtNotesCompilation table — Compilation tableDefined terms

Western Australia

Crown Suits Act 1947

An Act to repeal the Crown Suits Act 1898 2, and to make better provision for suits by and against the Crown and for other purposes relative thereto and to the constitutional powers of the Crown.

1.Short title

This Act may be cited as the Crown Suits Act 1947 1.

[2. Omitted under the Reprints Act 1984 s. 7(4)(f).]

3.Term used: Crown

In this Act, the term Crown means the Crown in right of the Government of Western Australia.

4.Application of this Act

This Act shall apply to any cause of action which accrues after the commencement of this Act 1.

5.Crown to sue and be sued as subject

(1)
Subject to this Act, the Crown may sue and be sued in any court or otherwise competent jurisdiction in the same manner as a subject.
(2)
Every proceeding shall be taken by or against the Crown under the title “the State of Western Australia”.

[6. Deleted: No. 20 of 2005 s. 8(1).]

7.Statutory rights preserved where already given

Nothing in this Act shall affect —

(a)
the rights or liabilities of any corporate body or instrumentality of the Crown created by any Act of Parliament;
(b)
any right of action which is conferred on the subject by any Act of Parliament against any corporate body or instrumentality of the Crown or any official or person nominated as a defendant on behalf of the Crown;
(c)
any right or liability by law or custom established of Her Majesty’s Attorney General to sue or be sued on behalf of the Crown.

8.Joinder of Crown in proceedings between subject and subject

(1)
When in any action, cause or proceeding between litigants in any civil court in Western Australia in which the Crown is not a party it appears to the court that the constitutional rights of the Crown may be directly or indirectly affected, or any question arises as to the constitutional validity of any Act of Parliament of the State, the Crown may obtain leave by its Attorney General to intervene, or the court may order that the Crown be joined as a party.
(2)
Where…

Continue reading Crown Suits Act 1947 (WA)

Citations

Interactions

Legislation content

Continue reading Crown Suits Act 1947 (WA)

Citations

Interactions

Authorises

All Versions