Australian Capital Territory
Crown Suits Act 1989     
A1989-35
Republication No 1 (RI)
Effective:  11 May 1989 – 1 October 1991
Republication date of printed version: 31 May 1991
Reissued electronically:  30 January 2008

Act not amended
(republication for initial republication since self-government)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Crown Suits Act 1989 effective 11 May 1989 to 1 October 1991.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.

Australian Capital Territory
crown suits act 1989
Reprinted as at 31 May 1991
TABLE OF PROVISIONS
Section
	1.	Short title
	2.	Commencement
	3.	Interpretation
	4.	Suits against the Territory
	5.	Injunction against the Territory and its officers
	6.	Suits by the Territory
	7.	Service of process
	8.	Rights of parties
	9.	Satisfaction of judgments by the Territory
	10.	Execution by the Territory
	11.	Pending proceedings

An Act relating to suits to which the Territory is a party and to other matters
Short title
1.  This Act may be cited as the Crown Suits Act 1989.1
Commencement
2.1  (1)  Section 1 and this section commence on the day on which this Act is notified in the Gazette.
(2) The remaining provisions commence on the date of commencement of section 22 of the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth.
Interpretation
3.  In this Act, unless the contrary intention appears—
“Chief Solicitor” means the person for the time being occupying, or performing the duties of, the office of Chief Solicitor in the Public Service;
“officer of the Territory” means a person who is—
	(a)	a Minister;
	(b)	a public servant; or
	(c)	a member of the transitional Territory staff;
“suit” includes any action or original proceeding between parties;
“transitional Territory staff” has the same meaning as in the A.C.T. Self-Government (Consequential Provisions) Act 1988 of the Commonwealth.
Suits against the Territory
4.  A person making a claim against the Territory, whether in contract or in tort, may, in respect of the claim, bring a suit against the Territory in—
	(a)	the Supreme Court; or
	(b)	any other court of competent jurisdiction, whether of the Territory or not.
Injunction against the Territory and its officers
5.  In a suit against the Territory brought in the Supreme Court, the Supreme Court may grant an injunction against the Territory or against any officer of the Territory or any person acting under the authority of the Territory and may enforce the injunction against any such officer or person.
Suits by the Territory
6.  Suits on behalf of the Territory may be brought in the name of the Territory by the Government Solicitor.
Service of process
7.  Where the Territory is a party to a suit, all process in the suit to be served on the Territory may be served upon the Chief Solicitor.
Rights of parties
8.  In any suit to which the Territory is a party, the rights of the parties shall as nearly as possible be the same, and judgment may be given and costs awarded on either side, as in a suit between subject and subject.
Satisfaction of judgments by the Territory
9.  (1)  No execution or attachment, or process in the nature of execution or attachment, shall be issued against the property or revenues of the Territory.
(2)  Where final judgment has been given against the Territory in a suit to which the Territory is a party, the Chief Minister, or a Minister appointed by the Chief Minister for the purposes of this subsection, shall, on being served with—
	(a)	an office copy, sealed copy or certified copy of the judgment or order of the court in which judgment was obtained;
	(b)	a certificate of the judgment or order given under the seal of the court or the hand of the Registrar or other appropriate officer of the court; or
	(c)	a copy of the entry of the judgment or order certified by an officer of the court to be a true copy of that entry;
cause the judgment to be satisfied out of moneys lawfully available.
Execution by the Territory
10.  Where in any suit to which the Territory is a party judgment is given in favour of the Territory against a person, the Territory may enforce the judgment against that person by such execution, attachment or other process as would be available in a suit between subject and subject.
Pending proceedings
11.  (1)  Where proceedings—
	(a)	that relate to an asset or right transferred to the Territory pursuant to subsection 5 (1) of the A.C.T. Self-Government (Consequential Provisions) Act 1988 of the Commonwealth; and
	(b)	to which the Commonwealth, or a person representing the Commonwealth, is a party;
are pending in any court of the Territory or before any tribunal of the Territory on the day of the transfer of that asset or right to the Territory, the Territory is, on that day, by force of this subsection, substituted for the Commonwealth, or the person representing the Commonwealth, as a party to the proceedings.
(2)  Where proceedings—
	(a)	that relate to an estate or interest in land transferred to the Territory pursuant to subsection 5 (3) of the A.C.T. Self-Government (Consequential Provisions) Act 1988 of the Commonwealth; and 
	(b)	to which the Commonwealth, or a person representing the Commonwealth is a party;
are pending in any court of the Territory or before any tribunal of the Territory on the day of the transfer of that estate or interest to the Territory, the Territory is, on that day, by force of this subsection, substituted for the Commonwealth, or the person representing the Commonwealth, as a party to the proceedings.

NOTE
1.	Act No. 35, 1989; notified in Commonwealth of Australia Gazette on 10 May 1989; ss. 1 and 2 commenced on 10 May 1989; remainder commenced on 11 May 1989 (see s. 2 (2) and Gazette 1989, No. S164).
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989  (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.

©  Australian Capital Territory 2008