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COURT PROCEDURES ACT 2004 - SECT 21 Proceedings by and against the Crown generally

COURT PROCEDURES ACT 2004 - SECT 21

Proceedings by and against the Crown generally

    (1)     Subject to this part, any relevant rules of court, the ACT Civil and Administrative Tribunal Act 2008

and the Judiciary Act 1903

(Cwlth)—

        (a)     a proceeding may be brought by or against the Crown in the same way as a proceeding between subjects; and

        (b)     the same procedural and substantive law applies to such a proceeding as in a proceeding between subjects.

    (2)     Subject to the regulations, a proceeding may be brought by or against the Crown—

        (a)     for the Territory Crown—under the name of the ‘Australian Capital Territory'; or

        (b)     in any other case—under the name in which the Crown could sue or be sued in the courts of its own jurisdiction.

    (3)     In this section:

"proceeding", against the Crown, includes a proceeding to attach earnings or other debts owing or accruing from the Territory Crown to someone else.