Purchasers of Homes Relief Act of 1930 (21 Geo v No. 33) (Qld)

13094 HEAJ-, PROPERTY. Purchasers of Homes Relief Act_ 21 GEO. V. No. 33, REAL PROPERTY. 21 Geo. V. An Act to Provide a Measure of Relief to Certain No 33. THE Purchasers of Homes detrimentally affected P O U F RC H H O A M SE E R S S by Conditions arising from Unemployment, RELIEF ACT OF 1930. and like purposes. [ASSENTED TO 18TH DECEMBER, 1930.] B E it enaded by the King's Most Excellent Majesty, by and with the advice and eonsent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short t ill('. 1. This Act may be cited as "The Purchasers of Homes Relief Act of 1930." Interpreta- 2. In this Act, unless the context otherwise tion. indicates, the following terms have the meanings respec- tively assigned to them, that is to say : - Mortgage. "Mortgage" means any deed, memorandum of mortgage, instrument, or agreement whereby security for payment of moneys is granted over land and improvements, which land and improvements constitute the home of the mortgagor: Agreement for sale and purchase of land to be deemed a mortgage. Moreover, for the purposes of this Act, an agreement for sale and purchase of land and improvements shall be deemed to be a mortgage of such land and improvements to secure payment of the unpaid purchase money and interest thereon and fulfilment of the conditions set forth in the agreement in any case where such land and improvements constitute the home of the purchaser; Mortgagec_ "Mortgagee" means the person entitled to the benefit of the security of a mortgage as above defined; Mortgagor. "Mortgagor" means the person liable under the provisions of a mortgage as above defined: The term mortgagor shall also mean the purchaser of land and improvements under an agreement for sale and purchase of land and improvements where such land and improvements constitute the home of the purchaser;

REAL PROPERTY. 13095 1930. Pur'chasers of Homes Relief Act. " Order "-An order of the Court made pursuant Order. to this Act; "This Act"-This Act and any Rule of Court This Act. made thereunder. 3. (1.) This Act shall come into operation on the Operation of passing thereof, and shall continue in force, until the Act. thirty-first day of December, one thousand nine hundred and thirty-one: Provided that the Governor in Council may, if in his discretion he thinks fit, by Order in Council extend the provisions of this Act, together with any additions {)r amendments thereto or modifications thereof for such time as shall be expressed in the said Order in Council: Provided further that an order' of the Court made under this Act shall be operative and of full force and effect to the extent of such order, notwithstanding the expiration of this Act on the thirty-first day of December, one thousand nine hundred and thirty-one, or such extended time as may be prescribed by an Order ,in Council as aforesaid. (2.) This Act shall apply only in respect of a mortgagor who is a mortgagor (as defined in this Act) at the date of the passing of this Act. (3.) This Act shall apply only where the total contract price of the purchase of the land and improve- ments constituting the home of the mortgagor (including any deposit and/or mortgage or unpaid purchase money) does not exceed in the whole the sum of one thousand two hundred and fifty pounds. (4.) In any case where, in addition to the mortgagor actually occupying such land and improvements as a home (the value of which does not exceed one thousand two hundred and fifty pounds) there is or are another mortgagor or purchaser or mortgagors or purchasers of the said land and improvements, such other mortgagor or purchaser or each of such other mortgagors or purchasers may for the purposes of this Act be also deemed a mortgagor, and any such mortgagor shall, if detrimentally affected by conditions arising from unemployment or other like causes, be entitled to make application for relief accordingly.

13096 REAlj PROPERTY. Purchasers of Homes Relief Act. 21 GEO. V. No. 33, Relief provisions. 4. For the purpose of affording a measure of relief to a mortgagor to whom this Act applies detrimentally affected by conditions arising from unemployment or other like causes, it is hereby declared as follows : - Application by mortgagor. (1) Any such mortgagor may by notice in writing under his hand in the prescribed form or to. the like effect apply to the Court that he desires the terms and conditions of his mort- gage in respect of the purchase of his home to be considered by the Court under this Act with a view of being afforded a measure of relief by the Court in respect of his mortgage; Considera. tion by the Court. (2) The Court shall inquire into such application, and in making such inquiry shall investigate- (i.) The extent to which the mortgagor has been or is being detrimentally affected by unemployment or other like causes; (ii.) The amount of arrears, if any, in respect of instalments; (iii.) The terms and conditions of repayment of the mortgage; (iv.) The amount paid by the mortgagor III respect of the purchase of his home ; (v.) Any other factors and circumstances as may be deemed fit and proper. Power of 5. (1.) If on any application by the mortgagor as aCpopulritcaotnion. aforesaid the Court is satisfied- (a) That the mortgagor is unable to meet his obligations (either in whole or in part) under the mortgage by reason of circumstances attributable directly or indirectly to unem- ployment or like causes; (b) That the circumstances under which the mortgagor is unable to meet his obligations (either in whole or in part) under the mortgage are circumstances over which the mortgagor has no control, and were not attributable to any act or omission on his part; (c) That except in the case of a mortgagor referred to in subsection four of section three of this Act, the mortgage executed by the mortgagor

REAL PROPER'l'Y. 13097 1930. P1l1"chasers of Homes Relief Act. in favour of the mortgagee was in respect of the home of the mortgagor, and which is at the date of the application used and actually occupied as the home of the mortgagor; (d) That, having regard to all relevant circum- stances, it would be unjust and inequitable not to grant such a,pplication either wholly or in part, the Court may in its absolute discretion, after considering all the circumstances of the case and the position of the parties, by its order grant such measure of relief as shall be indicated in such order of the Court and as the Court thinks just and equitable. (2.) Such relief which may be granted by the Court EX.tent of may be in respect of all or any of the following matters rehef. or things:- (i.) An extension of the period of repayment of .principal due under the mortgage, indicating in such order the particulars of such extension with the concomitant variation in the amount of instalments; (ii.) In respect of an agreement for the sale and purchase of land an extension of the period for payment of purchase money, indicating in such order the particulars of such extension with the concomitant variation in the amount of instalments; (iii.) The making of interest only payable, and the period within which interest only shall be payable; . (iv.) The funding of any arrears of instalments; (v.) Any relief and, if so, the extent thereof to be made in respect of painting, repairs, and other conditions of the mortgage concerned. (3.) If, however, on the hearing of any such applica- Refusal t~ tion as aforesaid the Court, after considering the grounds grant relief. upon which the application is made, and the grounds (if any) on which any such application is opposed and all other circumstances of the case, is of opinion that such application should be refused, the Court may make an order refusing such application accordingly.

13098 REAr~ PROPERTY. Purchasers of HOIHrs Relief Act. 21 GEO. V. No. 33, Court to which application mav be made. 6. An application by a mortgagor under this Act shall be made to a Magistrates Court constituted pursuant to *" The .Magistrates Courts Act of 1921," constituted by a Police Magistrate sitting alone and held nearest to the residence of the mortgagor. Notice to be Unless the mortgagee is actually present by himself given. or his solicitor or agent at the time of the giving or making of the order of the Court, any application to the Court by a mortgagor shall not be entertained by the Court unless the mortgagor has served on the mortgagee, in accordance with the practice of the Court as to services of summons, a notice of his intention to make the application. The practice of the Court in question as to the time and place and method of service and otherwise shall apply t'o the service of a notice under this section. Costs. 7. The costs of any application under this Act shall be in the absolute discretion of the Court. Decision of 8. Any order of the Court purporting to have been fCinoaulr. t to he made under the provisions of this Act shall be final and conclusive and without appeal, and no writ of prohibition or certiorari shaH lie in respect thereof. Tran~ fer of 9. The Registrar of Titles may, upon the submission slaanleds O b l y l to him for registration of a transfer of property on sale lllortgagees. by the mortgagee thereof, require such evidence as he deems necessary that the sale sought to be given effect to by the transfer does not contravene any order of the Court made under this Act; and he may refuse to register the transfer until such evidence is submitted to him. T amg h oa r ri e tng a sa t t s gors. to di 1 s 0 su . a ( d 1 e .) oAr npyrepveernsot nawmhoorbtgyaagnoyr fthrormeatmeankdienagvoaunrys application under this Act shall be guilty of an offence against this Act. Moratorium (2.) Any stipulation, covenant, or condition in any d m a o u rt s g e a i g n e mortgage as defined in this Act which declares or pur- not to ports to declare that any moratorium or the like matter apprpevliecnattion. shall not apply in respect of the mortgage concerned, shall not prevent a mortgagor, as defined in this Act, ------------------------- * 12 Geo. V. No. 22. supra, pa<;e 9713.

HEAL PHOPEHTY. 13099 1930. Purchasers of Homes Relief Act. ---------------- ~~ ~ - - - - - - - - - - from making an application for relief thereunder, and shall not prevent the Court from making any order for relief in respect of such application. 11. (1.) Any person who, by any act or omission, isoffenc~ s and guilty of any contravention of any of the provisions of penaltIes. this Act shall be guilty of an offence against this Act. (2.) Any person who is guilty of an offence against this Act shall be liable to a penalty not exceeding one htmdred pounds. (3.) Penalties under this Act may be recovered by complaint in a summary way under *" The Justices Acts, 1886 to 1929." 12. Subject to this Act, the -provisions of t" The Application JJfagistrates Oourts Act of 1921 " -and Rules of Court ~ iagistrates made thereunder shall, so far as the same are applicable, Courts Act. apply and extend in respect of any matter or thing under this Act, and the power and authority to make Rules of Court under such Act shall apply and extend for the purposes of this Act. RELIEF-PURCHASERS OF HOMES. See REAL PROPERTY. RELIEF-STATE HOUSING. See HOUSING. REMEDIES. See CROWN. * 50 Vic. No. 17 and amending Acts, 8upra, pages 1132 et seq. t 12 Geo. V. No 22, supra, page 9713.