Crown Suits Act 1947 02-00-00 Xml

Crest
Western Australia

Crown Suits Act 1947

Reprint 2: The Act as at 9 May 2003

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		Reprinted under the Reprints Act 1984 as
		at 9 May 2003

Western Australia

Crown Suits Act 1947

CONTENTS

1.Short title1

3.Interpretation of “Crown”1

4.Application of this Act1

5.Crown to sue and be sued as subject1

6.Limitation of time for giving notice2

7.Statutory rights preserved where already given4

8.Joinder of the Crown in proceedings between subject and subject5

9.Same process available to Crown and subject5

10.Method of recovering judgment against the Crown6

11.Writs of extent and Ca. Sa. abolished6

12.Rules of Court6

Notes

Compilation table7

		Reprinted under the Reprints Act 1984 as
		at 9 May 2003

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.Interpretation of “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.Limitation of time for giving notice

(1)Subject to the provisions of subsections (2) and (3), no right of action lies against the Crown unless —

(a)the party proposing to take action gives to the Crown Solicitor, as soon as practicable or within 3 months (whichever of such periods is the longer), after the cause of action accrues, notice in writing giving reasonable information of the circumstances upon which the proposed action will be based and the name and address of the party and his solicitor or agent; and

(b)the action is commenced before the expiration of one year from the date on which the cause of action accrued,

and for the purposes of this section where the act, neglect, or default on which the proposed action is based is a continuing one, no cause of action in respect of the act, neglect or default accrues until the act, neglect or default has ceased but the notice required by paragraph (a) may be given and an action may thereafter be brought while the act, neglect or default continues.

(2)The Attorney General may on behalf of the Crown consent in writing to the bringing of an action against the Crown at any time before the expiration of 6 years from the date on which the cause of action accrued whether or not the notice as required by subsection (1) has been given.

(3)(a)Notwithstanding the foregoing provisions of this section application may be made to the Court having jurisdiction to hear the action when the application is granted for leave to bring an action at any time before the expiration of 6 years from the date on which the cause of action accrued, whether or not notice as required by subsection (1) has been given to the Crown.

(b)Where the Court considers that the failure to give the notice or the delay in bringing the action as the case may be, was occasioned by mistake or by any other reasonable cause or that the Crown is not materially prejudiced in its defence or otherwise by the failure or delay, it may if it is just to do so, grant leave accordingly subject to such conditions as it thinks it is just to impose.

(c)Before an application is made under the provisions of paragraph (a) the party intending to make the application shall give notice in writing of the proposed application and the grounds on which it is to be made to the Crown Solicitor, at least 14 days before the application is made.

(4)Where an action is one to which this section applies and —

(a)the cause of action arises from a person having suffered a latent injury that is attributable to the inhalation of asbestos; and

(b)the person who suffered the latent injury had the knowledge referred to in section 38A of the Limitation Act 1935 before 1 January 1984,

the period limited by this section for the doing of any thing in relation to that action shall run not from the time otherwise provided by this section but from the time of the coming into operation of the amending Act.

(5)Where in an action to which subsection (4) applies it is proved that —

(a)the person who suffered the latent injury had the knowledge referred to in section 38A of the Limitation Act 1935 before 1 January 1984; and

(b)the period of 6 years applicable under subsection (3)(a) as in force before the coming into operation of the amending Act had expired before the action was commenced,

damages shall not be awarded except in respect of pecuniary loss and the total amount of the damages awarded shall not in any case exceed $120 000.

(6)Where an action is one to which this section applies and —

(a)the cause of action arises from a person having suffered a latent injury that is attributable to the inhalation of asbestos; and

(b)the person who suffered the latent injury did not have the knowledge referred to in section 38A of the Limitation Act 1935 before 1 January 1984,

the period limited by this section for the doing of any thing in relation to that action shall run not from the time otherwise provided by this section but from the time when that person has the knowledge referred to in section 38A of the Limitation Act 1935.

(7)After the coming into operation of the amending Act —

(a)a notice may be given;

(b)an action may be commenced; or

(c)consent may be given, or leave may be granted, to bring an action,

in accordance with subsection (4) or (6) notwithstanding that the period of limitation applicable before the coming into operation of the amending Act in respect thereof had expired before the coming into operation of that Act.

(8)In subsections (4), (5), (6), and (7) —

“latent injury” has the same meaning as is given to that expression by section 38A of the Limitation Act 1935;

“the amending Act” means the Acts Amendment (Asbestos and Related Diseases) Act 1983 1.

[Section 6 inserted by No. 22 of 1954 s. 2; amended by No. 84 of 1983 s. 7.]

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.

8.Joinder of the Crown in proceedings between subject and subject

(1)When in any action, use or proceeding between litigants in any civil Court in Western Australia in which the Crown is not a party it appears to the Court that the constitutional rights of the Crown may be directly or indirectly affected, or any question arises as to the constitutional validity of any Act of Parliament of the State, the Crown may obtain leave by its Attorney General to intervene, or the Court may order that the Crown be joined as a party.

(2)Where any such question arises in any civil Court, except the Supreme Court, the Supreme Court or a judge thereof may, on the application of a party or of the Attorney General, remove the proceedings into the Supreme Court for trial and determination.

(3)Every such intervention or joinder or removal shall be on such terms and conditions as the Court shall deem just.

(4)In this section “Act of Parliament” includes an ordinance passed before the grant of responsible government to the State.

9.Same process available to Crown and subject

Subject to this Act, the same process shall be available both to the Crown and to the subject for the determination and enforcement of claims in Her Majesty’s civil Courts.

10.Method of recovering judgment against the Crown

(1)No execution or other process in the nature of execution shall be issued out of any Court against the Crown, but after any judgment has been given against the Crown the Registrar of the Supreme Court shall give to the party in whose favour the judgment is given a certificate of such judgment in the prescribed form and sealed with the seal of the Supreme Court.

(2)On the receipt of such certificate the Governor shall cause to be charged to the Consolidated Fund the amount of such judgment and costs to the person entitled to recover the same.

[Section 10 amended by No. 6 of 1993 s. 11; No. 49 of 1996 s. 64.]

11.Writs of extent and Ca. Sa. abolished

The writ of extent and the writ of capias ad satisfaciendum shall no longer be available at the instance of the Crown for the recovery of debts and judgments and the same are hereby abolished.

12.Rules of Court

The Judges of the Supreme Court or any 2 of them may make rules governing practice or procedure which in their opinion requires to be specially prescribed for the purpose hereof, and subject thereto the Rules of the Supreme Court or of any competent Court in which an action is brought by or against the Crown shall apply as far as applicable to the practice and procedure to be observed in such action.

dline

Short title	Number and year	Assent	Commencement
Crown Suits Act 1947	11 of 1947	1 Nov 1947	1 Nov 1947
Crown Suits Act Amendment Act 1954	22 of 1954	7 Oct 1954	7 Oct 1954
Reprint of the Crown Suits Act 1947 approved 14 Apr 1971 (includes amendments listed above)
Acts Amendment (Asbestos Related Diseases) Act 1983 Pt. III	84 of 1983	22 Dec 1983	19 Jan 1984 (see s. 2)
Financial Administration Legislation Amendment Act 1993 s. 11	6 of 1993	27 Aug 1993	1 Jul 1993 (see s. 2(1))
Financial Legislation Amendment Act 1996 s. 64	49 of 1996	25 Oct 1996	25 Oct 1996 (see s. 2(1))
Reprint 2: The Crown Suits Act 1947 as at 9 May 2003 (includes amendments listed above)