South Australia
Worker's Liens Act 1893
An Act relating to worker's liens.
Contents
Part A1—Preliminary
1 Short title
2 Interpretation
Part 1—Liens and charges
4 Workers' liens
5 Lien of contractor or sub-contractor
6 Extent of lien
7 Charge of worker and sub-contractor
8 Priority of liens and charges
9 Lien subject to registered, but not to unregistered, mortgage etc
9A Unregistered interests
9B Liens for materials
9CApplication of Personal Property Securities Act
Part 2—Registration and discharge of liens
10 Lien to be registered
11 Duty of Registrar-General on receiving notice of lien
12 Notice to be deemed caveat
13 Registrar-General to keep index
14 Notices of lien open to inspection
15 Liens to cease in certain events
16 Satisfaction of lien to be recorded
17 Proceedings to compel Registrar-General to record lien in event of refusal
18 Judge or magistrate may make order
19 Enforcement of lien on goods under section 4(2)
20 Mortgagee may pay wages or contract price and may recover wages or contract price paid by him
Part 3—Legal procedure
21 Action to enforce lien or charge
22 Procedure in case of deposit
23 Person primarily liable may be joined in action to enforce lien or charge
24 Certificate of judgment prima facie evidence
25 Order for enforcement of lien or charge, how carried into effect
26 Person affected by lien or charge may pay money into court
27 Court may order detention, inspection etc
29 Claims that may be included in actions to enforce lien or charge
30 Person interested in subject matter may be made a party
31 Lienor may pay moneys due to mortgagee of chattels
32 Claim or registration may be cancelled
33 Penalty for claim with intent to defraud
34 Penalty for vexatious claim
36 Jurisdiction etc of courts preserved
37 Costs
Part 4—Miscellaneous
39 Regulations
41 Persons having lien at common law may sell
42 Application of proceeds of sale
43 Wages of worker when deemed to be payable monthly
44 Other remedy not prejudiced
45 Penalty on attempt to deprive worker of lien on goods
47 Duties of Registrar-General
48 Lands etc of Crown not affected by this Act
49Act to apply to land under Real Property Act
Legislative history
The Parliament of South Australia enacts as follows:
Part A1—Preliminary
1—Short title
This Act may be cited as the Worker's Liens Act 1893.
2—Interpretation
In this Act, where not inconsistent with the context, the following terms have the following meanings:
contract means any agreement, whether written, oral, or implied, to do work or to procure work to be done, or to furnish materials in connection with work, or to pay for work, or for materials furnished or to be furnished in connection with work;
contract price means the money payable to any contractor or sub-contractor for any work, or materials furnished or to be furnished in connection with work, under any contract, and whether such price has been fixed by express agreement or not;
contractor means a person…