CLAIMS AGAINST THE COMMONWEALTH.
No. 21 of 1902.
An Act to make temporary provision for enforcing claims against the Commonwealth.
[Assented to 10th October, 1902.]
BE it enacted by the King’s Most Excellent Majesty the Senate and the House of Representatives of the Commonwealth of Australia as follows:—
Short title.
1. This Act may be cited as the Claims against the Commonwealth Act 1902.
Appointment of nominal defendant.
See N.S.W. 39 Vict. No. 38 sec. 2.
Vict. No. 1080 sec. 20.
Qu. 29 Vict. No. 23 sec. 2.
S.A. 1853, No. 6 secs.1, 2.
Tas. 55 Vict. No. 24 sec. 4.
2.—(1.) Any person making any claim in contract or in tort against the Commonwealth may set out the particulars of the claim in a petition to the Governor-General praying him to appoint a nominal defendant on behalf of the Commonwealth in the matter of the claim.
(2.) The Governor-General may if he thinks fit appoint any person to be a nominal defendant accordingly.
Proceedings against nominal defendant.
See N.S.W. ib. sec. 3.
Qu. ib. sec. 5.
3.—(1.) The petitioner may in respect of the claim bring against the nominal defendant an action or suit at law or in equity in the Supreme Court of the State in which the claim arose.
(2.) The rights of parties in the action or suit shall as nearly as possible be the same, and judgment may be given and costs awarded on either side, as in an ordinary case between subject and subject.
Nominal defendant not to be individually liable.
See N.S.W. ib. sec. 4.
Vict. ib. sec. 24.
Qu. ib. sec. 6.
Tas. ib. sec. 10.
4. The nominal defendant shall not be individually liable in the action or suit in respect of his person or property, and no execution or attachment, or process in the nature thereof, shall issue against him.
Satisfaction of judgment.
See Vict. ib. sec 25.
S.A. ib. sec. 6.
Tas. ib. sec. 11.
5. The Governor-General may cause to be paid out of the Consolidated Revenue Fund, which is hereby appropriated for the purpose, the amount of any damages and costs awarded to the plaintiff, and may perform any decree or order made by the Court in the action or suit.
Supreme Court invested with federal jurisdiction.
6. The Supreme Court of each State is hereby invested with federal jurisdiction for the purpose of hearing and determining actions and suits brought under this Act, and shall have that jurisdiction as a Court invested with federal jurisdiction and not otherwise.
Postponement of appeal.
7. In any action or suit brought under this Act, any appeal, or application for leave to appeal, from a decision of the Supreme Court of a State, which in the opinion of the Attorney-General involves a constitutional question, or a question of importance to the Commonwealth, shall on the application of the Attorney-General be postponed until a time not later than the date of expiration of this Act.
Duration of Act.
8. This Act shall expire on the thirty-first day of December One thousand nine hundred and three.
Overview
The Claims against the Commonwealth Act 1902 was enacted by the Parliament of Australia to provide a temporary mechanism for individuals to bring claims against the Commonwealth in contract or tort. The Act was introduced to address the need for a formal process for adjudicating claims against the federal government, which was not adequately covered by existing provisions. Under this Act, any individual with a claim against the Commonwealth can petition the Governor-General to appoint a nominal defendant, who represents the Commonwealth in legal proceedings. The Supreme Court of each state is empowered to hear these claims, with the Commonwealth responsible for satisfying any judgments awarded against the nominal defendant. The Act also includes provisions for postponing appeals on constitutional or significant Commonwealth matters and is intended to expire on 31 December 1903, reflecting its temporary nature.
Scope and Application
The Claims against the Commonwealth Act 1902 applies to any person making a claim in contract or tort against the Commonwealth. This means that any individual or entity seeking to enforce a legal claim against the Commonwealth can utilise the provisions of this Act. The Act allows for the appointment of a nominal defendant by the Governor-General on behalf of the Commonwealth, which is a procedural step necessary before the claim can be pursued in the Supreme Court of the relevant state. The Supreme Court is invested with federal jurisdiction specifically for the purposes of hearing and determining actions and suits brought under this Act, ensuring that the claims are adjudicated with the appropriate authority. Any judgment against the nominal defendant is enforceable through the payment of damages and costs from the Consolidated Revenue Fund, while the nominal defendant themselves is not liable. This Act applies nationally, across all states, providing a consistent mechanism for claims against the Commonwealth until its expiration on 31st December 1903.
Key Provisions
The Claims against the Commonwealth Act 1902 provides a mechanism for individuals to make claims against the Commonwealth in contract or tort. Section 2(1) allows any person to petition the Governor-General to appoint a nominal defendant on behalf of the Commonwealth. The Governor-General, under Section 2(2), may appoint a nominal defendant if deemed appropriate. Section 3(1) permits the petitioner to bring an action or suit against this nominal defendant in the Supreme Court of the relevant state, where the claim arose. Section 3(2) stipulates that the proceedings will follow ordinary legal processes, with rights, judgments, and costs awarded similarly to a case between private parties. Importantly, Section 4 ensures that the nominal defendant is not personally liable, and no legal processes can be served against them.
Under Section 5, the Governor-General is mandated to pay any awarded damages and costs from the Consolidated Revenue Fund, and to execute any court decrees or orders in the case. This section ensures that the Commonwealth will address the financial outcomes of the proceedings without directly involving the government in the legal action. Section 6 invests the Supreme Court of each state with federal jurisdiction specifically for the purpose of hearing and determining actions and suits brought under this Act. This ensures that these particular cases are handled with the appropriate legal authority.
The Act also contains provisions regarding the postponement of appeals, as outlined in Section 7. If an appeal from a decision in such a case involves a constitutional question or an issue of importance to the Commonwealth, the Attorney-General may apply for the appeal to be postponed until the expiration of the Act, which is set for 31 December 1903. Finally, Section 8 states the Act's duration, making it a temporary measure until the end of 1903. Failure to comply with the provisions of this Act may result in procedural errors or jurisdictional issues, although specific civil or criminal penalties for non-compliance are not detailed within the text of the Act.