Judgment Creditors Remedies Act 1933 (ACT)

Case

Judgment Creditors Remedies Act 1933     No 8 (repealed)

Republication No 3

Effective:  19 December 2003

Republication date: 19 December 2003

As repealed by A2003-56

Unauthorised version prepared by the ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Judgment Creditors Remedies Act 1933 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 19 December 2003. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

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

  • authorised republications to which the Legislation Act 2001 applies

  • unauthorised republications.

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

    Editorial changes

    The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

    When preparing the authorised version of this republication amendments were not made under part 11.3 (see endnote 1).

    Uncommenced provisions and amendments

    If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

    Modifications

    If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.

    Penalties

    The value of a penalty unit for an offence against this republished law at the republication date is—

    (a)if the person charged is an individual—$100; or

    (b)if the person charged is a corporation—$500.

    Judgment Creditors Remedies Act 1933 (repealed)

    Contents

    Page

    1. Name of Act  2

    2. Remedies of judgment creditors  2

    Endnotes

    1. About the endnotes  3

    2. Abbreviation key  3

    3. Legislation history  4

    4. Amendment history  4

    5. Earlier republications  5

    Judgment Creditors Remedies Act 1933 (repealed)

    An Act relating to the remedies of judgment creditors

    1. Name of Act

      This Act is the Judgment Creditors Remedies Act 1933.

    2. Remedies of judgment creditors

      In addition to any other remedies provided by law, every person in whose favour a judgment of the High Court is given shall be entitled to the same remedies for enforcing it by execution or otherwise—

      (a)against any property of the person against whom it is given, that is situated in the ACT; and

      (b)subject to limitations that may be prescribed by any rules of court made under the High Court Procedure Act 1903 (Cwlth) or the Judiciary Act 1903 (Cwlth), against any person resident or present in the ACT against whom it is given;

      as would be allowed, by the laws of the Territory to persons in whose favour a judgment of the Supreme Court is given in like cases.

    Endnotes

    1. About the endnotes

      Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

      Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

      Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

      If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

      The endnotes also include a table of earlier republications.

      If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.

    2. Abbreviation key

    am = amended ord = ordinance
    amdt = amendment orig = original
    ch = chapter p = page
    cl = clause par = paragraph
    def = definition pres = present
    dict = dictionary prev = previous
    disallowed = disallowed by the Legislative (prev...) = previously
    Assembly prov = provision
    div = division pt = part
    exp = expires/expired r = rule/subrule
    Gaz = Gazette reg = regulation/subregulation
    hdg = heading renum = renumbered
    IA = Interpretation Act 1967 reloc = relocated
    ins = inserted/added R[X] = Republication No
    LA = Legislation Act 2001 RI = reissue
    LR = legislation register s = section/subsection
    LRA = Legislation (Republication) Act 1996 sch = schedule
    mod = modified / modification sdiv = subdivision
    No = number sub = substituted
    num = numbered SL = Subordinate Law
    o = order underlining = whole or part not commenced
    om = omitted/repealed or to be expired
    1. Legislation history

      This Act was originally a Commonwealth ordinance—the Judgment Creditors Remedies Ordinance 1933 No 8 (Cwlth).

      The ACT Self-Government (Consequential Provisions) Act 1988 No 109 (Cwlth), s 12) converted some former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 1 July 1990.

      As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on its conversion to an ACT enactment on 1 July 1990.

      Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).

      Legislation before becoming Territory enactment

      Judgment Creditors Remedies Act 1933 No 8

      notified 13 April 1933

      commenced 13 April 1933

      as amended by

      Ordinances Revision Ordinance 1937 No 27

      notified 23 December 1937

      commenced 23 December 1937

      Legislation after becoming Territory enactment

      as repealed by

      Statute Law Amendment Act 2003 (No 2) A2003-56 sch 4 pt 4.2

      notified LR 5 December 2003
      s 1, s 2 commenced 5 December 2003 (LA s 75 (1))
      sch 4 pt 4.2 commenced 19 December 2003 (s 2)



    2. Amendment history

      Remedies of judgment creditors

      s 2am 1937 No 27

    3. Earlier republications

      Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

      Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical.

    Republication No

    Amendments to

    Republication date

    1 ord 1937 No 27 30 June 1991
    2 ord 1937 No 27 23 July 2002

    ©  Australian Capital Territory 2003

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