1988
1988
1999-12-16
act
publicgeneral
act.reprint
act-1999-085
allinforce
act-1988-070
33b28090-1c71-49c4-b448-19ceb4ab26fe
a476e429-7617-49ec-b94e-50482ced44db
none
An Act relating to civil proceedings by and
against the Crown; to repeal the Claims against the Government and
Crown Suits Act 1912; and for other
purposes.
1Name of Act
This Act may be cited as the Crown
Proceedings Act 1988.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
3Definitions
In this Act:
civil proceedings includes
civil proceedings at law or in equity, and also includes proceedings by way of
preliminary discovery, cross-claim, counterclaim, cross-action, set-off,
third-party claim and interpleader.
Crown means the Crown in right of New
South Wales, and includes:
(a)
the Government of New South Wales,
and
(b)
a Minister of the Crown in right of New South
Wales, and
(c)
a statutory corporation, or other body,
representing the Crown in right of New South Wales.
judgment includes every species of
relief which a court can grant, whether interlocutory or final, and whether by
way of order that anything be done or not done or otherwise, and also includes
a declaration.
4Crown may sue
The Crown may bring civil proceedings under the
title “State of New South Wales” against any person in any
competent court.
5Crown may be sued
(1)
Any person, having or deeming himself, herself or
itself to have any just claim or demand whatever against the Crown (not being
a claim or demand against a statutory corporation representing the Crown) may
bring civil proceedings against the Crown under the title “State of New
South Wales” in any competent court.
(2)
Civil proceedings against the Crown shall be
commenced in the same way, and the proceedings and rights of the parties in
the case shall as nearly as possible be the same, and judgment and costs shall
follow or may be awarded on either side, and shall bear interest, as in an
ordinary case between subject and subject.
s 5: Am 1998 No 49,
Sch 9.
6Service of documents on the Crown
(1)
In connection with civil proceedings by or
against the Crown under the title “State of New South Wales” a
document required to be served on the Crown shall be served (subject to any
other Act or law) on the Crown Solicitor.
(2)
Rules of court may be made with respect to the
mode of service of documents on the Crown Solicitor for the purposes of this
section, including rules that personal service may be duly effected by leaving
a document at the office of the Crown Solicitor.
7Satisfaction of judgment
(1)
The Treasurer shall pay (out of any money legally
available) all money payable by the Crown under any judgment, including any
interest, except to the extent that the money is paid by some person other
than the Treasurer.
(2)
Execution, attachment or similar process shall
not be issued out of any court against the Crown or any property of the
Crown.
8Demise of the Crown
(1)
No proceedings (whether civil or criminal)
involving the Crown shall abate or be affected by the demise of the
Crown.
(2)
For the purposes of this section, demise includes a demise by or
on abdication.
9Certain matters not affected
(1)
This Act (except for section 10) does not affect
any law, custom or procedure under which civil proceedings may be brought by
or against the Crown under any title.
(2)
Without limiting subsection (1), this Act does
not affect any law, custom or procedure under which the Attorney General is
entitled or liable to sue, or be sued, or to intervene in any proceedings on
behalf of the Crown, on the relation of, or on behalf of, any other person or
in any other capacity or for any other purpose whatever.
10Repeal of Claims against the Government and
Crown Suits Act 1912 No 27
(1)
The Claims against the Government and
Crown Suits Act 1912 is repealed.
(2)
Nothing in this Act affects proceedings commenced
before the commencement of this section, and the repealed Act continues to
apply in relation to any such proceedings as if this Act had not been
enacted.
11
s 11: Rep 1999 No 85,
Sch 4.
Schedule 1
sch 1: Rep 1999 No
85, Sch 4.
Historical notes
Table of amending instruments
Crown Proceedings Act
1988 No 70. Assented to 23.11.1988. Date of commencement,
1.2.1989, sec 2 and GG No 10 of 27.1.1989, p 406. This Act has been amended as
follows:
1998
No 49
Courts Legislation Amendment Act
1998. Assented to 29.6.1998.
Date of commencement of Sch 9, 3.8.1998, sec 2 and GG No
112 of 24.7.1998, p 5602.
1999
No 85
Statute Law (Miscellaneous
Provisions) Act (No 2) 1999. Assented to 3.12.1999.
Date of commencement of Sch 4, assent, sec 2
(1).
Table of amendments
Sec 5
Am 1998 No 49, Sch
9.
Sec 11
Rep 1999 No 85, Sch
4.
Sch 1
Rep 1999 No 85, Sch
4.