Escheat (Procedure) Act 1940 (WA)

Western Australia

Western Australia

Escheat (Procedure) Act 1940

An Act to repeal certain Ordinances 1 relating to escheat and to declare the law and practice in cases of escheat.

This Act may be cited as the Escheat (Procedure) Act 1940.

In this Act, subject to the context — 

Court means a Judge of the Supreme Court.

Escheated property means real or personal property the subject of an order of escheat.

Order of escheat means an order made under this Act declaring that property has become the property of the Crown by way of escheat.

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

In all cases where it appears that any property has escheated to the Crown (whether before or after the passing of this Act) the State Solicitor may make application to a Judge of the Supreme Court for an order declaring that the property concerned has become the property of the Crown by way of escheat.

[Section 4 amended: No. 65 of 2003 s. 91.]

Notice of the day and hour of any application under the last preceding section shall be published in the Government Gazette and in a newspaper circulating in the district in which the property is situated, and, in case of real estate, shall be affixed to or left with some person at the premises respecting which the application is to be made one month before the hearing of the application.

Any person claiming title to the property or premises the subject of any such application may appear and give evidence in support of such claim, may cross‑examine witnesses and may be represented by counsel. The Court may summon all such witnesses as may be considered necessary and enforce attendance of such witnesses.

Upon any such application the Court may declare that the property the subject of such application has become the property of the Crown by way of escheat. Orders made under this section shall be final and conclusive and shall not be liable to be reviewed on appeal. Any such order shall be deemed to be “on office found”, within the meaning of section 16 of the Curator of Intestate Estates Act 1918 2.

• (1)

  If the Court makes an order of escheat the sheriff may, upon instructions from the Treasurer, seize and proceed to a sale of the escheated property, and the proceeds of any such sale, after payment of all fees and lawful expenses thereout, shall be paid to the Treasurer, and be by him carried to the credit of the Consolidated Account. In like manner any other moneys which are…