Crown Suits Act 1947 (WA)

Western Australia Crown Suits Act 1947 Western Australia Crown Suits Act 1947 Contents 1. Short title 1 3. Term used: Crown 1 4. Application of this Act 1 5. Crown to sue and be sued as subject 1 7. Statutory rights preserved where already given 1 8. Joinder of Crown in proceedings between subject and subject 2 9. Same process available to Crown and subject 2 10. Method of recovering judgment against Crown 3 11. Writs of extent and capias ad satisfaciendum abolished 3 12. Rules of Court 3 Notes Compilation table 4 Defined terms Western Australia Crown Suits Act 1947 An Act to repeal the Crown Suits Act 1898 2, and to make better provision for suits by and against the Crown and for other purposes relative thereto and to the constitutional powers of the Crown.

1. Short title This Act may be cited as the Crown Suits Act 1947 1. [2. Omitted under the Reprints Act 1984 s. 7(4)(f).]

3. Term used: Crown In this Act, the term Crown means the Crown in right of the Government of Western Australia.

4. Application of this Act This Act shall apply to any cause of action which accrues after the commencement of this Act 1.

5. Crown to sue and be sued as subject (1) Subject to this Act, the Crown may sue and be sued in any court or otherwise competent jurisdiction in the same manner as a subject. (2) Every proceeding shall be taken by or against the Crown under the title "the State of Western Australia". [6. Deleted: No. 20 of 2005 s. 8(1).]

7. Statutory rights preserved where already given Nothing in this Act shall affect — (a) the rights or liabilities of any corporate body or instrumentality of the Crown created by any Act of Parliament; (b) any right of action which is conferred on the subject by any Act of Parliament against any corporate body or instrumentality of the Crown or any official or person nominated as a defendant on behalf of the Crown; (c) any right or liability by law or custom established of Her Majesty's Attorney General to sue or be sued on behalf of the Crown.