Crown Suits Act 1989 (ACT)

Crown Suits Act 1989  (repealed)  

A1989-35

Republication No 3

Effective:  16 January 1993

Republication date: 30 January 2008

As repealed by A1992-60 s 21

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Crown Suits Act 1989 (repealed) effective 16 January 1993.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

The status of this republication appears on the bottom of each page.

crown suits act 1989

Repealed by Act No. 60, 1992 (in force on 15 January 1993)

TABLE OF PROVISIONS

Section

1.Short title

2.Commencement

3.Interpretation

4.Suits against the Territory

5.Injunction against the Territory and its officers

6.Suits by the Territory

7.Service of process

8.Rights of parties

9.Satisfaction of judgments by the Territory

1. Execution by the Territory

2. Pending proceedings

An Act relating to suits to which the Territory is a party and to other matters

Short title

1.  This Act may be cited as the Crown Suits Act 1989.1

Commencement

2.1  (1)  Section 1 and this section commence on the day on which this Act is notified in the Gazette.

(2) The remaining provisions commence on the date of commencement of section 22 of the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth.

Interpretation

3.  In this Act, unless the contrary intention appears—

“Chief Solicitor” means the person for the time being occupying, or performing the duties of, the office of Chief Solicitor in the Public Service;

“officer of the Territory” means a person who is—

(a)a Minister;

(b)a public servant; or

(c)a member of the transitional Territory staff;

“suit” includes any action or original proceeding between parties;

“transitional Territory staff” has the same meaning as in the A.C.T. Self-Government (Consequential Provisions) Act 1988 of the Commonwealth.

Suits against the Territory

4.  A person making a claim against the Territory, whether in contract or in tort, may, in respect of the claim, bring a suit against the Territory in—

(a)the Supreme Court; or

(b)any other court of competent jurisdiction, whether of the Territory or not.

Injunction against the Territory and its officers

5.  In a suit against the Territory brought in the Supreme Court, the Supreme Court may grant an injunction against the Territory or against any officer of the Territory or any person acting under the authority of the Territory and may enforce the injunction against any such officer or person.

Suits by the Territory

6.  Suits on behalf of the Territory may be brought in the name of the Territory by the Government Solicitor.

Service of process

7.  Where the Territory is a party to a suit, all process in the suit to be served on the Territory may be served upon the Chief Solicitor.

Rights of parties

8.  (1)  In any suit to which the Territory is a party, the rights of the parties shall as nearly…