Suitors' Fund Act Amendment Act 1977 (WA)

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WESTERN AUSTRALIA.

SUITORS' FUND.

No. 44 of 1977.

AN ACT to amend the Suitors' Fund Act, 1964-1971.

[Assented to 7th November, 1977.1

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the Suitors' Fund Short title

and

Act Amendment Act, 1977.

citation.

(2)

In this Act the Suitors' Fund Act, 1964-1971 Act No. 42

Of 1964 as

is referred to as the principal Act.

amended

by Act Nu.

72 of 1969

and

No

(3)

The principal Act as amended by this Act 57 ofAct

1971

may be cited as the Suitors' Fund Act, 1964-1977.

No. 44.]

Suitors' Fund.

[1977.

Commence-

ment.

2.

This Act shall come into operation on a date

to be fixed by proclamation.

Section 4

Subsection (3) of section 4 of the principal Act is amended by inserting after the word "four- teen" in line two of that subsection the passage ", fourteen A,".

amended.

3.

Section 14A

added.

4. The principal Act is amended by inserting after section 14 a new section, to stand as section 14A as follows-

Legal

represen-

14A. (1) Where after the coming into

tation of

infants.

operation of the Legal Representation of Infants Act, 1977, a guardian ad litem is appointed pursuant to that Act to represent the interests of an infant in any proceedings and the Court orders that the costs of such representation, or any portion of such costs, shall be paid out of the Suitors' Fund the Court shall specify the amount of the costs to be so paid or direct them to be taxed and specify the proportion of the taxed costs so to be paid and the order shall thereupon entitle the guardian ad litem to be paid from the Fund

(a) the amount so specified; or

(b)

an amount equal to that proportion of the costs as so taxed, together with such further costs as may be incurred by him in having the costs of the proceedings so taxed; or

(c)

an amount agreed upon by the Board and the solicitor representing the guardian ad litem.

(2) Notwithstanding the provisions of sub- section (1) of this section, the amount payable from the Fund in respect of any proceedings where an order is so made shall not in any case exceed one thousand dollars or such other amount as may from time to time be prescribed. .

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